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
Court: Bombay High Court Bench: JUSTICE B Chavan Dattatrey S/O Champatgir Giri Vs. The State Of Maharashtra On 24 September 1992 Law Point: Grant of maintenance – Where wife has no justification for withdrawal from the company of her husband, grant of maintenance liable to be set aside. JUDGEMENT 1. By this […]
Court: Himachal Pradesh High Court Bench: JUSTICE M. Srinivasan Hem Raj Vs. Urmila Devi & Ors. On 8 November 1996 Law Point: Contested proceedings in Civil Court for restitution of conjugal rights — Court coming to a conclusion that wife had no just or reasonable cause to withdraw her society from husband — No subsequent […]
Court: Calcutta High Court Bench: JUSTICE D.P. Sircar Chandra Mohan Majhi Vs. Smt. Kaushalya Majhi On 20 February 1997 Law Point: Maintenance –– Without sufficient materials to prove fact — Second party cannot be saddled with responsibility of marriage and maintaining first party –– Party claiming maintenance to prove marriage as per religious rites and […]
Court: Rajasthan High Court Bench: JUSTICE VIJAY KUMAR VYAS Mukesh vs Smt Sangeeta On 25 July 2017 Law Point: Wife willingly left Husband and living with some other person alleged to be her new husband. Material made available by husband enough to rebut the claim of maintenance. JUDGEMENT Learned counsel for the petitioner submits that […]
Court: Patna High Court Bench: JUSTICE Abhiram Singh Banshi Das Vs. Jitni Debi On 18 May 1983 Law Point: Section 125(1) and 125(3) — Compromise on application for maintenance — Wife to go to live with husband — Should husband neglect again to maintain her she would be entitled to Rs. 200/- p.m. as maintenance […]
Court: Madhya Pradesh High Court Bench: JUSTICE N.K. Gupta Ram Prasad Vs. Geeta Mehra On 9 January 2014 Law Point: Maintenance — Non-entitlement — Perverse orders passed in favour of respondent-wife — Respondent left matrimonial home without any justifiable ground and she refused to come back — Orders passed by Courts below reversed and set […]
Court: Andhra Pradesh High Court Bench: JUSTICE Rama Rao K. Sivarama Krishna Prasad Vs. K. Bharath And Another On 25 April 1985 Law Point: Section 125(1) and Explanation (b) — Hindu Marriage Act, 1955 — Sections 11, 12 and 16 — At wife’s insistence a decree of annulment of marriage was passed u/s 12 of […]
Court: Patna High Court Bench: JUSTICE Birendra Prasad Verma Munna Kuraishi Vs. State of Bihar & Anr. On 31 July 2012 Law Point: Financial condition and income of Husband also required to be properly assessed. JUDGEMENT 1. Heard learned Counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the […]
Court: Madhya Pradesh High Court Bench: JUSTICE U.L. Bhat Sharif Ahmed Vs. Imaman Bi On 20 February 1995 Law Point: Wife has no excuse that her salary was not sufficient for her expenses. Maintenance denied to wife. JUDGEMENT 1. Revision petitioner is the husband of the respondent. They were married in 1976 and a son […]
Court: Gujarat High Court Bench: JUSTICE C.K. Buch Pendiyala Suresh Kumar Ramarao Vs. Sompally Arunbindu & Anr. On 29 July 2004 Law Point: Petitioner should be given an opportunity to prove his say in the written reply submitted before the learned JMFC and parties should be relegated to the Trial Court for the purpose. […]