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: JUSTICE B.U. Wahane Ravindra Haribhau Karmarkar Vs. Shaila Ravindra Karmarkar and Ors. On 17 July 1991 Law Point: Section 125 of Criminal Procedure Code, 1973 – whether Judicial Magistrate First Class trying application under Section 125 obliged to stay proceedings on ground that Civil Court of competent jurisdiction has seized matter […]
Court: Delhi High Court Bench: JUSTICE SWARANA KANTA SHARMA Sarita Bakshi Vs. State & Anr. Law Point: Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife JUDGEMENT The present Revision Petition has been filed, challenging the order dated 04.07.2018, passed by the […]
Court:Rajasthan High Court Bench: JUSTICE R.R. Yadav Nand Kumar Vs. Smt. Gayatri On 5 August 1999 Law Point: Sections 126(2), 482 r/w Section 125(3), Proviso — Expression “shall” : Significance : Mandatory Duty upon Court to Record Evidence in Presence of Husband — If such person offers to maintain his wife on condition of her […]
Court: Bombay High Court Bench: JUSTICE Abhay M. Thipsay Umakant Bhaskarao Nawarkhele Vs. Sou. Sneha Umakant Nawarkhele & Ors. On 5 February 2014 Law Point: Section 125 — Maintenance — Ex parte order — Absence of respondent not wilful or deliberate — Family Judge automatically proceeded with matter by simply noting absence of respondent — […]
Court: Calcutta High Court Bench: JUSTICE Debi Prosad Dey Seema Mahato (minor) Vs. Alok Mahato & Anr. On 22.12.2017 Law Point: Section 125 — Maintenance — Paternity of child — DNA test — Opposite party No. 1 has denied his parentage of minor child — It would be difficult on part of minor petitioner to […]
Court: Orissa High Court Bench: JUSTICE S.C. Mohapatra Jayaram Thakra @ Jhagara Vs. Sabitri Thakra & Ors On 28 March 1991 Law Point: Section 125 — Interim Maintenance — Application for maintenance by the opp. parties — Opp. parties application for interim maintenance — Trial Court allowing interim maintenance, failure to comply, petitioner would not […]
Court: High Court Of Uttarakhand Bench: JUSTICE Umesh Chandra Dhyani Kavita Vs. State of Uttarakhand On 30.10.2013 Law Point: Section 125(4)–Maintenance of wife–Denied–Legality–Held–As wife is living separately without any ground is not entitle to maintenance–No interference–Petition is dismissed. JUDGEMENT 1. An application under Section 125 of Cr.P.C. for grant of maintenance allowance […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE V.K. Agrawal Kuntibai Vs. Alakhram On 21 April 1998 Law Point: Section 125 — Maintenance: Refusal: Wife had Sufficient Means to Maintain Herself — Besides long delay in filing an application, Courts below found petitioner/wife had no justification for living separately from her husband — She had sufficient […]
Court: Bombay High Court Bench: JUSTICE D.B. Deshpande Riyasatbi Shaikh Jani And Another Vs. Shaikh Jani Shaikh Kasam And Another On 8 December 1981 Law Point: Wife not entitled to maintenance as she has not led any evidence to show that husband refused or neglected to maintain her. JUDGEMENT 1. Both these criminal revision applications […]
Court: High Court Of Calcutta Bench: JUSTICES M.K. Mukherjee and A.K. Nandi Md. Jahangir Khan Vs. Manoara Bibi On 22 March 1991 Law Point: “Future salary not being a tangible corporeal property cannot be attached for arrears of maintenance.” JUDGEMENT 1. This is a reference by a learned single Judge of this Court. A simple […]