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 Arijit Pasayat & S.H. Kapadia Savitaben Somabhai Bhatiya Vs. State Of Gujarat & Ors. On 10 March 2005 Law Point: Legally-wedded wife only and not woman who is treated like one, is entitled to get maintenance from her husband. JUDGEMENT Leave granted. 1. A brief reference to the […]
Court: Gujarat High Court Bench: JUSTICE S.G. Shah Ajay Bhaichandbhai Vora vs. Rupalben Ajaybhai Vora and Ors. On 08 January 2018 Law Point: Maintenance does not include the provision or the right to seek lump sum amount for residential accomodation though the word ‘maintenance’ includes all benefits towards food, lodging, boarding, medicines, clothes, transportation, education, […]
Court: Bombay High Court Bench: JUSTICE K. L. WADANE Bhagwat Pitambar Borse vs Anusayabai Bhagwat Borse on 8 February 2018 Law Point: Cancellation of maintenance order – Divorce on ground of adultery passed in favour of Husband after passing of order of maintenance – Order of cvil court granting divorce on th ground of adultery […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.L. Kochar Smt. Renu Vs. Hiralal @ Harish On 5 March 2002 Law Point: Interim Maintenance: Husband filed Sufficient Material i.e. Decree of Restitution of Conjugal Rights and Execution Proceedings: In all Proceedings, Wife did not Appear and Allege that Decree was Obtained by Fraud: Non-applicant Husband made […]
Court: Bombay High Court Bench: JUSTICE R.K. Batta Sayyed Jabbar Ali Vs. Mst. Saheba Fatima On 11 October 2001 Law Point: Ill-treatment cannot be substantiated on basis of general allegations in absence of any details. Inspite of Decree for Conjugal Rights, Wife Without Justifiable Reason Did Not Join Husband and Cannot Claim Maintenance. […]
Court: Punjab and Haryana Court Bench: JUSTICE D.S. Tewatia Teja Singh Vs. Smt. Chhoto On 18 May 1981 Law Point: In ‘Maintenance’ proceedings under S. 125 Cr.P.C., when there is a finding of fact returned by a Civil Court earlier — Whether under S. 127(2) the said finding is to be considered and acted upon […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Yashika Mehndiratta Vs. Amit Mehndiratta On 2 May 2013 Law Point: Maintenance — Non-grant of — Petitioner wife though always willing to join company of her husband and stay in matrimonial home but pressurized by her parents to live with them at her parental house — Husband-respondent […]
Court: Supreme Court of India Bench: JUSTICE Chandramauli Kr. Prasad & Jagdish Singh Khehar Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik & Anr. On 6 January 2014 Law Point: Interest of justice is best served by ascertaining truth — Court should be furnished with best available science and may not be left to bank upon […]
Court: Rajasthan High Court Bench: JUSTICE G.L. Gupta Bheekha Ram Vs. Goma Devi & Ors. On 22 January 1999 Law Point: Wife not able to establish that she had been neglected by her husband — She is living with her parents of her own accord — Not entitled to maintenance . JUDGEMENT […]
Court: Orissa High Court Bench: JUSTICE D.P. Mohapatra Jasholal Agrawala @ Jain Vs. Puspabati Agrawala On 30 August 1993 Law Point: Section 125 — Maintenance — Maintainability — Decree by Civil Court — Divorce on the ground of wife’s desertion — Dismissal of the suit filed by the wife — Whether proceedings claiming maintenance maintainable? […]