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 P.K. Bhasin Kamla Vs. Rati Ram On 28 January 2013 Law Point: Interim Maintenance – Order of Magistrate modified granting interim maintenance to wife from date of filing of application to date of service of respondent husband. JUDGEMENT 1. This petition has been filed by the petitioner-wife under Section […]
Court: Madras High Court Bench: JUSTICE S.R. Pandian S.S. Manickam Vs. Arputha Bhavani Rajam On 21 February 1979 Law Point: Wife loses her right to obtain maintenance as per strict letters of Section 125 of Cr.P.C, when she was leading adulterous life. JUDGEMENT 1. By this revision petition, the respondent in M. C. No. 390 […]
Court: Gujarat High Court Bench: JUSTICE J.B. Pardiwala Nitaben Dineshkumar Oza Vs. Dineshkumar Ishwarlal Oza & Anr. On 18 March 2016 Law Point: If a child whether legitimate or illegitimate has attained majority as per Majority Act, 1975 and not suffering from any physical or mental abnormality or injury, thereby unable to maintain itself would […]
Court: Karnataka High Court Bench: JUSTICE M.S. Nesargi Abdulmunaf Vs. Salima on 29 May 1978 Law Point: Wife is capable of earning in view of her being a normal healthy person and educated up to SSLC. Refusal to earning by such wife may be taken into consideration while considering the quantum of maintenance. JUDGEMENT 1. […]
Court: Karnataka High Court Bench: JUSTICE J.B. Garg Veerashetty and Ors. vs. Suresh On 13 April 2017 Law Point: SECTION 125-Claim for maintenance by an aged father against his two sons-Order passed by the Family Court directing the petitioners/sons to pay maintenance to the respondent/father-Revision against-Sacrosanct duty of children to maintain their parents. JUDGEMENT 1. […]
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: Madaras High Court Bench: JUSTICE Pushpa Sathyanarayana K.S. Vimaleswaran Vs. C.P.S. Charumathi On 21 February 2017 Law Point: Section 24 — Maintenance pendente lite — Reduction in amount — Petitioner-husband living outside India and earning about Rs. 2.50 lacs to Rs. 3 lacs p.m. — He cannot be expected to part with entire amount […]