Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
The Madhya Pradesh High Court rejected the divorce plea of a husband who alleged cruelty by his wife. The Court held that small quarrels, fights, and disagreements between husband and wife are normal parts of married life and cannot be treated as “cruelty” under the Hindu Marriage Act. Facts of the Case Marriage & Children: […]
These Women Are Not Entitled For Maintenance (Disqualifications For Maintenance To Wife) People looking for judgments and information on “No Maintenance to Wife” or “how to avoid maintenance for wife in India” forget one primary reason for having maintenance Provisions in law. The provision of maintenance wives in various matrimonial and other acts is a […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Ajay Rastogi, J. & Mr. Ashok Kumar Gaur Geeta Vs. Raghuveer Singh On 17 July 2017 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Extra marital relations — No reliable evidence — No foundation — Wife alleges illicit relation against husband with her […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES JUSTICE AJAY KUMAR MITTAL AND SNEH PRASHAR Anita Rani vs Suresh Kumar On 26 February 2015 Law Point: Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. Divorce granted by the court. JUDGEMENT […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Nisha Rashmi Vs. Kamlesh Pandey On 16 July 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Petitioner-wife stayed for 4-5 days only after marriage — No serious attempts to resolve issues by her family members or wife […]
Court: Bombay High Court Bench: JUSTICE Vasanti A Naik, J. & Swapna Joshi Sudhir Kamlakar Kharbade Vs. Sangita On 20 April 2018 Law Point: Hindu Marriage Act, 1955 – Sections 13(1)(ia), (ib) – Cruelty – Desertion – Appreciation of evidence – Wife respondent has ill-treated appellant-husband, in-laws and lodged false complaint against him under Section […]
Court: Jharkhand High Court Bench: JUSTICE Aparesh Kumar Singh, J. & Ratnaker Bhengra Raju Vishwakarma Vs. Seema Devi On 17 May 2018 Law Point: Hindu Marriage Act, 1955 Sections 13(1)(ia), (ib) Cruelty Desertion Two examples of cruelty committed by respondent-wife, viz. false or repeated case against appellant-husband, in addition to his family members/relatives and sexual […]
Court: Hyderabad High Court Bench: JUSTICE C.V. Nagarjuna Reddy, J. & T. Rajani, J. V. Pavanamanjari Vs. V. Manoj Kumar On 14 March 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), 13(1)(ib) — Cruelty — Desertion — Irretrievable breakdown of marriage — Appreciation of evidence — Facts on record show appellant-wife subjected respondent-husband […]
Court: Delhi High Court Bench: JUSTICE Hima Kohli, J. & Deepa Sharma Santosh Vs. Horilal On 4 August 2017 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant wife failed to substantiate allegations levelled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a […]
Court: Bombay High Court Bench: JUSTICE B.P. Dharmadhikari & A.S. Chandurkar Uttara Praveen Thool Vs. Praveen On 6 January 2014 Law Point: Hindu Marriage Act, 1955 — Sections 13(1)(ia), (ib) — Cruelty — Desertion — Appellant-wife failed to prove either ill-treatment or demand of amount of Rs. 4,000 by respondent-husband — She deserted respondent without […]