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: High Court Of Bombay Bench: High Court Of Bombay Sharadchandra Chandrashekhar Satbhai Vs. Indubai Sharad Satbhai On 25 August 1977 Law Point: The fact that a decree for judicial separation has been passed in favour of the husband on the ground of desertion means that the wife is guilty of refusing to live with […]
Court: High Court Of Rajasthan Bench: JUSTICE R.S. Chauhan Shashi Alias Mala vs. State and Anr. On 27 March 2006 Law Point: In case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband. Hence petition dismissed. […]
Court: Supreme Court Of India Bench: JUSTICE Ranganath Misra and Lalit Mohan Sharma Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav And Another On 27 January 1988 Law Point: Conditions for valid marriage — Void and voidable marriages — Appellant married respondent who was already married — The first marriage was subsisting and the first was […]
Court: Orissa High Court Bench: JUSTICE P.K. Tripathy Smt. Dhani Nayak & Ors. Vs. Sanakara Nayak On 24 February 2003 Law Point: Section 125(3) Proviso — Maintenance : Quantum : Period of limitation : Commencement : Discussed. JUDGEMENT 1. Heard. 2. Both the criminal revisions are heard analogously being against the common impugned order and […]
Court: Karnataka High Court Bench: JUSTICE B.N. Mallikarjuna Malayaiah Vs. G.s. Vasantha Lakshmi & Ors. On 12 August 1996 Law Point: No maintenance if separation by mutual consent –– Wife living separately from her husband by consent –– Cannot enforce her right and ask for maintenance u/Section 125, Cr.P.C. JUDGEMENT 1. This revision is by […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Popat Kashinath Bodke Vs. Kamalabai Popat Bodke & Ors. On 6 February 2003 Law Point: Maintenance : Parties residing separately by mutual consent by relinquishment deed : In view of Section 125(4), Cr.P.C. wife would not be having right to claim alimony from husband after date of […]
Court: High Court Of Kerala Bench: JUSTICE J.B. Garg Mohandas Panicker P. Vs. K.K. Dakshayani and Another On 20 December 2013 Law Point: When wife is living in adultery, she is not entitled to get any amount towards maintenance. JUDGEMENT 1. This appeal is filed against the order passed by the Family Court, Kozhikode in […]
Court: Delhi High Court Bench: JUSTICE Veena Birbal Shakuntala Vs. Shivji On 9 September 2013 Law Point: No material placed on record by petitioner/wife that salary of respondent/husband is much more or that father of respondent is not dependent upon him — Even salary certificate on record shows lesser income — Findings given in impugned […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Kamla Devi Vs. Rajmal Singh On 13 May 1994 Law Point: Apart from maintaining himself husband is taking care of aged father and younger brother — Petitioner wife has no responsibility on her shoulders — It is not the case of petitioner that respondent is having luxuries […]
Court: Allahabad High Court Bench: JUSTICE Bharat Bhushan Rekha Rani Vs. State Of U.P. & Anr On 14 August 2013 Law Point: Section 125 — Maintenance — Enhancement of amount — Claim not maintainable — Revisionist-wife failed to give any evidence to support her claim. It would not be proper for this Court to speculate […]