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: Delhi High Court Bench: JUSTICE Sangita Dhingra Sehgal Omar Abdullah vs Payal Abdullah And Ors. Law Point: Interim maintenance – Not inseparable from plea of maintainability of petition – Interim maintenance can be granted only after determination of maintainability of petition u/s 125 Cr.P.C.. JUDGEMENT 1. The present petition has been filed by the […]
Court: Bombay High Court Bench: JUSTICE Sharad Manohar Mohammed Sharif Vs. Raisa Begum and Another On 26 July 1985 Law Point: Wife not entitled to maintenance as she was in wrong as all efforts to reconcile proved futile by the husband. JUDGEMENT 1. A question of quite some importance is raised by Mr. Kadar in […]
Court: Delhi High Court Bench: JUSTICE SUNIL GAURE Mohd Babu@Sameer vs Shakila On 21 April 2015 Law Point: Settlement is comprehensive. It clearly stipulated that parties will not initiate any action against each other. Maintenance denied to wife. JUDGEMENT In proceedings under Section 125 of Cr.P.C. petitioner had raised the question of maintainability, which has […]
Court: Allahabad High Court Bench: JUSTICES N.L. Ganguley & B. Dikshit Kamal Vs. Km. Ahilya And Others On 20 November 1991 Law Point: Application for maintenance of minor children u/Sec. 125 Cr. P.C. — Allowed by Family Court — Challenged on ground that he is not father of the children and denial of marriage relationship […]
Court: Rajasthan High Court Bench: JUSTICE P.K. LOHRA Yusuf Shah vs Rubi Bano @ Beby & Ors on 19 February 2018 Law Point: Sentence of imprisonment only a mode of enforcement of direction to pay amount of maintenance and not as punishment. JUDGEMENT In Criminal Revision Petition No.130/2016, the order which was passed by learned […]
Court: Rajasthan High Court Bench: JUSTICE DEEPAK MAHESHWARI Babulal vs Smt Manglibai on 9 April 2018 Law Point: Earlier application dismissed – Subsequent application for maintenance is not maintainable. JUDGEMENT This revision petition has been preferred on behalf of the husband-petitioner to assail the order dated 30.10.2017 passed by learned Family Judge No.3, Kota whereby […]
Court: High Court of Kerala Bench: JUSTICE Bhaskaran Pillai Sudheendra Kumar Praveen Vs. Sabitha On 22 March 2017 Law Point: COurt can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of Husband. JUDGEMENT 1. The petitioner is the respondent in M.C. No. 215 of […]
Court: Bombay High Court Bench: JUSTICE R.G. Vaidyanatha Indu Vs. Sumanbai Kadu Pawar & Ors. On 14 December 1995 Law Point: Prime facie marriage appears to be void. No maintenance to wife. JUDGEMENT 1. This is a husband’s petition challenging the order granting maintenance dated 30.3.1988 in Criminal Revision Application No. 250 of 1987 on […]
Court: Punjab and Haryana High Court Bench: JUSTICE DELHI HIGH COURT Krishan Gopal Vs. Usha Rani On 4 December 1981 Law Point: Code of Criminal Procedure, S. 125(1) Explanation (b) and Hindu Marriage Act, Ss. 11, 12, 13 and 25 — Explanation to S. 125(1), Cr.P.C. applies only to divorced wife and not whose marriage […]
Court: Supreme Court of India Bench: JUSTICES S.B. Sinha & Cyriac Joseph Amarendra Kumar Paul Vs. Maya Paul & Ors. On 4 August 2009 Law Point: Maintenance — Grant of, to children — Application for grant of maintenance to children is maintainable till they had attained majority. JUDGEMENT Leave granted. 2. Appellants herein are aggrieved […]