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
DELHI HIGH COURT JUSTICE NAZMI WAZIRI SHILPI THAPAR Vs. MANAN THAPAR On 23 November 2015 Law Point: Custody should be handed over to father and he should take care of child’s needs. Mother got visitation rights of child. JUDGEMENT 1. Issue notice, returnable on 3rd January, 2014. 2. Mr. Sanjay Poddar, learned senior counsel for […]
Hyderabad High Court JUSTICE Suresh Kumar Kait, J. & Abhinand Kumar Shavili Sobhan Kodali Vs. Lahari Sakhamuri On 8 Feb 2018 Law Point: Guardians and Wards Act, 1890 — Sections 4(5), 7, 9 — Appointment of Guardian — Jurisdiction — Minor children were born on 14th March, 2012 and 13th October, 2014 — Both of […]
Court: Supreme Court of India Bench: JUSTICE P. Sathasivam & J. Chelameswar Meenakshi Khandelwal Vs. Shailesh Khandelwal On 4 May 2012 Law Point: Custody of Minor Child — Welfare of child is of paramount consideration as well as right and entitlement of petitioner-mother — Minor daughter expressed her grievance against her mother and prefers to […]
Court: Calcutta High Court Bench: JUSTICE Harish Tandon Siddhartha Chatterjee (Dr.) Vs. Adrita Chatterjee On 1 October 2015 Law Point: Hindu Marriage Act, 1955 — Section 26 — Civil Procedure Code, 1908 — Order 23 Rule 1 — Custody of children — Withdrawal of suit by wife — Would not take away visitation rights of […]
Court: Orissa High Court Bench: JUSTICE I. Mohanty, J. & Dr. D.P. Choudhury Swapna Satpathy @ Upadhyay Vs. State Of Odisha & Ors. On 17 August 2015 Law Point: Constitution of India, 1950 — Article 226 — Recall of order — Fraud played upon Court by wife and husband suppressing material facts, to obtain order […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Ashwin Chaudhry Vs. Kiran Chaudhry On 20 June 2016 Law Point: Hindu Marriage Act, 1955 — Section 26 — Custody of minor child — Pendency of matrimonial petition — Postponement of petition for custody of child — Not proper — Child’s welfare is of paramount consideration while […]
Court:Delhi High Court Bench: JUSTICE G.S. Sistani & Sangita Dhingra Sehgal Anand Raghavan Vs. State Of Delhi & Anr. On 08 July 2016 Law Point: Constitution of India, 1950 — Article 226 — Jurisdiction — Custody of Minor Daughter — Illegal and unlawful removal — Wardship order — Principle of comity of Courts — Welfare […]
Court:Madras High Court Bench: JUSTICE K.N. Natarajan S. Abboy Naidu & Anr. Vs. R. Sundara Rajan On 01 December 1987 Law Point: (i) Guardians and Wards Act — Sections 25 and 7 — Father filed petition to take back custody of child aged one year from maternal Grand-parents of minor — Petitioner apprehends danger to […]
Court: Punjab And Haryana High Court Bench: JUSTICE S Sudhalkar Smt. Rama @ Ram Kala Vs. Anil Kumar Joshi On 29 October 1999 Law Point: Father given the guardianship and claim of wife dismissed that she is better financially. JUDGEMENT 1. Contention of the appellant is that she was married with the respondent and out […]
Court:Rajasthan High Court Bench: JUSTICE M.B. Sharma & I.S. Israni Tara Chand Mavar Vs. Basanti Devi On 1 November 1988 Law Point: Sections 7, 17, 25(2) — Family Courts Act, 1984 — Section 19 — Father a man of means, educated no allegation against his character — Father is a fit person to be guardian. […]