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
Orissa High Court JUSTICE S.C. Mohapatra Jayanti Pradhan Vs Kunjabehari Pradhan On 27 october 1986 Law Point: The petition of the respondent was dismissed — The court made no order as the application for maintenance filed by wife — Appeal by wife — Respondent pleaded that appeal was not maintainable — Whether appeal by the […]
Calcutta High Court JUSTICE G.R. Bhattacharjee Aritosh Das Vs Kalyani Das & Ors On 9 Februrary 1993 Law Point: Husband moved application for re-consideration of interim maintenance — Refused — Whether refusal arbitrary ? (Yes). JUDGEMENT 1. It appears that the learned Magistrate in a proceeding under Section 125 Cr.P.C. passed an ex-parte order of […]
Allahabad High Court JUSTICE V.P. Mathur Vinod Chandra Sharma Vs Smt. Rajesh Pathak On 25 February 1987 Law Point: Permanent alimony — Petition for divorce dismissed — Whether the Trial Court correctly granted permanent alimony — No. JUDGEMENT 1. This First Appeal From Order, passed by Mr. R.S. Tripathi, the then Vth Additional District Judge, […]
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 […]
Delhi High Court JUSTICE G.S. Sistani Rani Sethi Vs. Sunil Sethi On 13 May 1994 Law Point: Purpose of Section 24 of Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself — Term ‘support’ is not to be construed in a narrow manner […]
Calcutta High Court JUSTICES A.K. Chatterjee & Suddheswar Narayan Rabindra Nath Roy Vs Anjana Roy On 21 July 1994 Law Point: Wife can not claim maintenance u/s 125 CrPC, after the marriage is dissolved by decree of divorce following her refusal to comply with the decree for restitution of conjugal rights ? JUDGEMENT 1. The […]
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: Karnataka High Court Equivalent citations: 1993 CriLJ 767 Bench: JUSTICE M Mirdhe Chaya vs K.G. Channappa Gowda on 22 September, 1992 Law Point: Women to Prove ligitimacy of child for maintenance. Corroboration is insisted by the court not as a rule of law but as a rule of prudence to satisfy the conscience of […]
Court: Punjab & Haryana High Court Bench: JUSTICE V.K. Jhanji Gurdeep Singh Vs. Daljit Kaur On 7 January 1997 Law Point: Hindu Marriage Act, 1955 — Section 25 — Permanent Alimony and Maintenance — Permanent alimony can be granted only when “decree” is passed — Order dismissing divorce petition is not ‘decree’ — After dismissal […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Rajat Taneja Vs. Harmeeta Singh On 25 July 2007 Law Point: No opportunity granted to Husband to file reply to application filed by respondent under Section 24 of Hindu Marriage Act — Petitioner entitled to setting aside of order granting monthly maintenance to wife under Section 24 […]