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
Supreme Court JUSTICE Augustine George Masih Shenbagavalli And Ors. Vs The Inspector Of Police, Kancheepuram District And Anr. On 30 April 2025 Law Point: Section 306 IPC requires proximate instigation or aiding; mere past harassment without mens rea doesn’t constitute abetment of suicide JUDGEMENT 1. These two criminal appeals have been preferred against judgment dated […]
Court: SUPREME COURT OF INDIA Bench: SUDHANSHU DHULIA Shri Rakesh Raman vs Smt. Kavita on 26 April 2023 Law Point: Irretrievably Broken Down Marriage Can Be Dissolved On Ground Of ‘Cruelty’ JUDGEMENT 1. This appeal arises out of a divorce proceeding initiated by the appellant under Section 13 of the Hindu Marriage Act, 1955, (hereinafter […]
Court: SUPREME COURT OF INDIA Bench: Rajesh Bindal Charan Singh @ Charanjit Singh vs State of Uttarakhand on 20 April 2023 Law Point: Unnatural Death Of Wife In Matrimonial Home Within 7 Years Of Marriage In Itself Not Sufficient To Convict Husband For Dowry Death JUDGEMENT 1. The appellant, who was husband of the deceased, […]
Short and Crisp Summary The Supreme Court of India upheld the divorce between Lakshmeesha M.C. and Prabhavathi but imposed severe financial penalties on the husband. He must pay an additional ₹10 lakh on top of ₹20 lakh alimony, and the family home was given to the wife and son. If he fails to pay, the […]
Court: Supreme Court Bench: Justice Surya Kant and Ujjal Bhuyan Prabhavathi @ Prabhamani Vs Lakshmeesha M.C on 12 August, 2024 Law Point: A party causing marital breakdown cannot seek divorce on irretrievable breakdown grounds, as benefiting from misconduct is unjust, ruled SC. JUDGEMENT 1. Leave granted. 2. The challenge herein is to an order dated 14.07.2023 […]
Short Summary The Supreme Court of India dissolved the marriage between Kiran Jyot Maini and Anish Pramod Patel, citing irretrievable breakdown under Article 142 of the Constitution. Despite both being financially independent, the court ordered the husband to pay ₹2 crore as permanent alimony. The judgment raises questions about fairness in maintenance laws, particularly when […]
Court: Supreme Court Of India Bench: Justice Sudhanshu Dhulia, Prashant Kumar Mishra State (Gnct Of Delhi) vs Vipin @ Lalla on 7 January, 2025 Law Point: If Evidence of Victim does not inspire confidence; no conviction in Rape Case JUDGEMENT 1. Leave granted. 2. Heard Ms. Sonia Mathur, learned senior counsel appearing for the appellant […]
Court: Supreme Court Of India Bench: Justice Sudhanshu Dhulia, Prashant Kumar Mishra State Of Karnataka vs Battegowda on 9 January, 2025 Law Point: JUDGEMENT 1. Heard learned Additional Advocate General for the appellant-State and the learned senior counsel for the respondents at length. 2. This appeal has been filed by the State of Karnataka, challenging […]
Supreme Court in a significant ruling held that a wife is entitled to claim maintenance under Section 125 of the Cr.P.C., even if she refuses to live with her husband despite a decree of restitution of conjugal rights. Thus a husband filing Restitution of Conjugal Rights case is now futile. The bench of CJI Sanjiv […]
Supreme Court Affidavit Format For Maintenance for Non Agrarian Deponents In accordance with the Supreme Court affidavit format, it is mandatory for non-agrarian deponents—that is, individuals who earn their livelihood through non-agricultural means such as salaried jobs, businesses, or professional services—to submit a comprehensive maintenance affidavit format. This affidavit must include a detailed disclosure of […]