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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
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CrPC 125

No Maintenance to Children from First Marriage of Wife

Madhya Pradesh High Court JUSTICE Vandana Kasrekar Pradeep Jain Vs. Manjulata Jain Modi & Anr. On 5 July 2018 Law Point: Maintenance Grant of to wife and not child of another father or mother of another person Non-applicant No. 2 is daughter of Ist marriage of wife non-applicant No. 1 and not of applicant. Family […]

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No Maintenance to Wife Living with Some Other Man

Rajasthan High Court JUSTICE Vijay Kumar Vyas Mukesh Vs. Sangeeta On 25 July 2017 Law Point: Parties legally married to each other and respondent-wife not able to maintain herself — Respondent-wife willingly left petitioner-husband and living with some other person alleged to be her new husband — Courts below did not consider matter in right […]

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No Maintenance to Adulterous Wife even in CrPC 125

Bombay High Court JUSTICE K.L. Wadane Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse & Anr. On 8 February 2018 Law Point: Divorce granted in favour of petitioner-husband — Order of Civil Court attained finality — Question of ‘adultery’ finally determined by Civil Court and that finding confirmed by first Appellate Court and this Court in […]

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Failure to Prove Marriage – No Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Bula Roy Vs. State Of Jharkhand & Anr. On 16 July 2014 Law Point: Failure of wife to prove her marriage with husband-OP No. 2 — Witnesses examined by petitioner have not proved rituals of marriage — No relative of petitioner examined — On the other hand, OP No. […]

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Respondent not Biological Father Can not be saddled with Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Satrughan Baske Vs. Silsia Kerketta & Anr. On 25 March 2014 Law Point: That OP No. 2 is son born to petitioner and OP No. 1 — No cogent evidence that petitioner is biological father of OP No. 2 — Impugned order passed by Courts below directing petitioner to […]

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Right of maintenance waived by wife by way of MoU, cannot be claimed again.

Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]

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Minor Not Biological Child No Maintenance

Rajasthan High Court JUSTICE J.B. Garg Harikishan Vs. Shanti Devi On 4 September 1987 Law Point: Application for cancellation of maintenance pleading parties after marriage never cohabited and minor not the child of the marriage. Whether order grating maintenance to minor liable to be cancelled — Yes. JUDGEMENT 1. This is an application under Section […]

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Maintenance Paid under CrPC 125 is adjustable against HMA24

Supreme Court Of India JUSTICE J.B. Garg Sudeep Chaudhary Vs. Radha Chaudhary On 31 January 1997 Law Point: Maintenance paid under Section 125 is adjustable under Hindu Marriage Act, 1955 Section 24 JUDGEMENT 1. Special leave granted. 2. The respondent-wife has been served by substituted service but does not appear. 3. The appellant-husband and the […]

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Maintenance denied as RCR Decree in Favor of Husband

Bombay High Court JUSTICE M.S. Deshpande Kalidas Vs Parvatibai And Another On 28 January 1985 Law Point: Decree for restitution of conjugal rights was obtained by husband in 1977 — Wife filing petition for maintenance u/s. 125 Cr.P.C. in 1980 — During pendency of maintenance proceedings husband obtaining decree of divorce in 1981 — Whether […]

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D. Velusamy Vs D. Patchaiammal

Court:Supreme Court of India Bench: JUSTICES Markandeya Katju & T.S. Thakur D. Velusamy Vs D. Patchaiammal On 21 October 2010 Law Point: Criminal Procedure Code, 1973 — Section 125 — Maintenance — Divorced wife is treated as a wife for purpose of Section 125, Cr.P.C. but if a person has not even been married obviously […]

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