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:Supreme Court of India Bench: JUSTICE M.M Dutt Dr. (Mrs.) Vijaya Manohar Arbat vs Kashi Rao Rajaram Sawai And Anr on 18 February 1987 Law Point: Section 125(1)(d) has imposed a liability not only on the son but also the daughter to maintain their father or mother who is unable to maintain himself or herself. […]
SUPREME COURT OF INDIA JUSTICE Ashok Bhushan, K.M. Joseph Sanjeev Kapoor Vs. Chandana Kapoor On 19 February 2020 Law Point: Magistrate can review order passed u/s 125 CrPC, Bar u/s 362 Crpc not applicable. JUDGEMENT This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 05.11.2019 […]
RAJASTHAN HIGH COURT Wife is living with her parents of her own accord — Not entitled to maintenance JUSTICE G.L. Gupta Bheekha Ram Vs. Goma Devi & Ors. On 22 January 1999 Law Point: No Evidence of Ill-treatment Meted out to Wife, Who is Living With Her Parents of Her Own Accord : Wife Entitled […]
JHARKHAND HIGH COURT JUSTICE D.K. Sinha Vineeta Devi Vs. Bablu Thakur & Anr. On 25 April 2011 Law Point: Statutory provision by which “wife” has been defined cannot be liberalized in terms of Section 125, Cr.PC — Statute sanctions an illegitimate child from father is entitled for maintenance but such sanction of maintenance not provided […]
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 […]
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 […]
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 […]
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. […]
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 […]
Court: ALLAHABAD HIGH COURT Bench: JUSTICE Sangeeta Chandra KAHKASHAN & ORS. Vs. UMESH KUMAR GUPTA @ ABBAS HUSAIN KAHKASHAN On 18 April 2022 Law Point: Section 125 — Maintenance — Grant of — No proof of marriage by Muslim rites and rituals of revisionist No. 1 with respondent — Revisionist could not prove even live-in […]