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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
  • info@shoneekapoor.com
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CrPC 125

Smt. Swastika Sen Vs. State Of West Bengal & Anr

Court: Calcutta High Court Bench: JUSTICE Malay Kumar Basu Smt. Swastika Sen Vs. State Of West Bengal & Anr. On 3 December 2002 Law Point: Maintenance can only be granted to a wife who is indeed unable to maintain herself. This is the clear dictate of law and cannot be permissible. JUDGEMENT This revisional application […]

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Pritam Singh Vs. Nirmala Devi

Court:Himachal Pradesh High Court Bench: JUSTICE Rajiv Sharma Pritam Singh Vs. Nirmala Devi On 9 April 2014 Law Point: Section 125 — Maintenance — Enhancement — Compromise was arrived at between parties during pendency of proceedings — Compromise was signed by parties and wife had given up her future maintenance — Husband has given pucca house […]

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Bhagwant Singh Vs. Surjit Kaur

Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES S.S. Sandhawaliaand S.P. Goyal Bhagwant Singh Vs. Surjit Kaur On 2 December 1980 Law Point: Sections 125 and 127(2) — Magistrate passing order of maintenance under Section 125 enhanced in revision — Wife not satisfied, filing civil suit for maintenance — Civil Court dismissing holding wife not entitled to […]

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Mohammed Naim Vs. Shaikh Shaziya Farheen & Anr.

Court:BOMBAY HIGH COURT Bench: JUSTICE Abhay M. Thipsay MOHAMMED NAIM Vs. SHAIKH SHAZIYA FARHEEN & ANR. On 4 February 2014 Law Point: Sections 125, 127 — Maintenance — Cancellation — Change in circumstances — Ground — Wife started earning after initial order passed. This was significant change in circumstances, inasmuch, inability of wife to maintain […]

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Ravindra Haribhau Karmarkar Vs. Shaila Ravindra Karmarkar and Ors.

Court:BOMBAY HIGH COURT Bench: JUSTICE B.U. Wahane Ravindra Haribhau Karmarkar Vs. Shaila Ravindra Karmarkar and Ors. On 17 July 1991 Law Point: Section 125 of Criminal Procedure Code, 1973 – whether Judicial Magistrate First Class trying application under Section 125 obliged to stay proceedings on ground that Civil Court of competent jurisdiction has seized matter […]

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Sarita Bakshi Vs. State & Anr.

Court: Delhi High Court Bench: JUSTICE SWARANA KANTA SHARMA Sarita Bakshi Vs. State & Anr. Law Point: Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife   JUDGEMENT The present Revision Petition has been filed, challenging the order dated 04.07.2018, passed by the […]

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Umakant Bhaskarao Nawarkhele Vs. Sou. Sneha Umakant Nawarkhele & Ors.

Court: Bombay High Court Bench: JUSTICE Abhay M. Thipsay Umakant Bhaskarao Nawarkhele Vs. Sou. Sneha Umakant Nawarkhele & Ors. On 5 February 2014 Law Point: Section 125 — Maintenance — Ex parte order — Absence of respondent not wilful or deliberate — Family Judge automatically proceeded with matter by simply noting absence of respondent — […]

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Seema Mahato (minor) Vs. Alok Mahato & Anr.

Court: Calcutta High Court Bench: JUSTICE Debi Prosad Dey Seema Mahato (minor) Vs. Alok Mahato & Anr. On 22.12.2017 Law Point: Section 125 — Maintenance — Paternity of child — DNA test — Opposite party No. 1 has denied his parentage of minor child — It would be difficult on part of minor petitioner to […]

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Jayaram Thakra @ Jhagara Vs. Sabitri Thakra & Ors

Court: Orissa High Court Bench: JUSTICE S.C. Mohapatra Jayaram Thakra @ Jhagara Vs. Sabitri Thakra & Ors On 28 March 1991 Law Point: Section 125 — Interim Maintenance — Application for maintenance by the opp. parties — Opp. parties application for interim maintenance — Trial Court allowing interim maintenance, failure to comply, petitioner would not […]

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Kavita Vs. State of Uttarakhand

Court: High Court Of Uttarakhand Bench: JUSTICE Umesh Chandra Dhyani Kavita Vs. State of Uttarakhand On 30.10.2013 Law Point: Section 125(4)–Maintenance of wife–Denied–Legality–Held–As wife is living separately without any ground is not entitle to maintenance–No interference–Petition is dismissed.     JUDGEMENT   1. An application under Section 125 of Cr.P.C. for grant of maintenance allowance […]

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