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 Orissa High Court upheld a divorce granted to a husband who faced repeated humiliation from his wife over his physical disability. The court concluded that such comments constituted mental cruelty under the Hindu Marriage Act. Brief Facts of the Case The couple got married on 1st June 2016. The husband, who is physically disabled, […]
Introduction Under the Hindu laws, cruelty is a ground of divorce for a wife or a husband, either of them can seek a divorce on this ground. Under Section 13(1)(iA) of Hindu Marriage Act, 1955 (Act), a petition can be filed by either the husband or the wife for seeking divorce on the ground of […]
MADRAS HIGH COURT JUSTICE M.M. Sundresh, J. & N. Seshasayee N. Premalatha Vs. P. M. Murali On 15 September 2017 Law Point: Appellant wife is staying with her mother and not keen to join her husband — Statutorily speaking she deserted her husband without any justifiable reasons — Other reasons from husband’s impotency to cruelty […]
RAJASTHAN HIGH COURT JUSTICE Ajay Rastogi, J. & Deepak Maheshwari Anita Dharam Vs. Vinod Kumar On 14 December 2017 Law Point: Conduct and behaviour of wife was quarrelsome — Wife committed cruelty to her husband — Husband is entitled for getting a decree of dissolution of marriage. JUDGEMENT The instant appeal is directed against the […]
KERELA HIGH COURT JUSTICE A.M. Shaffique, J. & Anu Sivaraman Ajithakumari R. Vs. A.S. Subhagan On 3 July 2017 Law Point: Respondent-wife alleged to be making scandalous allegations against petitioner husband among neighbours — Allegations against him will amount to his reputation being tarnished JUDGEMENT This appeal is filed by the respondent in OP (HMA) […]
Court: RAJASTHAN HIGH COURT Bench: JUSTICE Pradeep Nandrajog, C.J. & Vinit Kumar Mathur Kailash Chandra Vs. Laxmi On 4 May 2018 Law Point: Indian Penal Code, 1860 — Section 498A — Hindu Marriage Act, 1955 — Section 13(1)(ib) — Desertion — Cruelty — By the time parties recorded evidence, respondent had lodged complaint under […]
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: JHARKHAND HIGH COURT Bench: JUSTICE Aparesh Kumar Singh, J. & B.B. Mangalmurti Ajay Narayan Das Vs. Asha Devi On 2 February 2018 Law Point: Hindu Marriage Act, 1955 — Section 13(1)(ia) — Mental Cruelty — Implicating family of husband in criminal case knowingly amounts to cruelty — With a view to put pressure upon […]
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 […]
RAJASTHAN HIGH COURT JUSTICE Pradeep Nandrajog, CJ & Vinit Kumar Mathur Jyotsana Vs. Ravi Khatwal On 12 March 2018 Law Point: Appellant-wife has not proved reasonable cause to withdraw from consortium for reason the only ground pleaded by her to withdraw from consortium was dowry harassment i.e. 498A which she could not prove — No […]