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: Bharati Dangre BHAGYASHRI Vs. JAGDISH & ANR. on 26 February 2022 Law Point: (i) Hindu Marriage Act, 1955 — Sections 24, 25 — Interim maintenance — Entitlement — Till disposal of main proceedings filed by husband claiming permanent alimony — Petitioner-wife submitted that since marriage between petitioner and respondent dissolved by […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]