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: 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: Jharkhand High Court Bench: JUSTICE RAJESH SHANKAR Sangeeta Kumari vs The State Of Jharkhand And Anr on 12 October 2017 Law Point: Order of maintenance both u/s 125 Cr.P.C. and S.24 of Hindu Marriage Act – Claimant entitles to get only higher amount of maintenance out of both the provisions. JUDGEMENT 1. The present […]
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: Madhya Pradesh High Court Bench: JUSTICE P.N.S. Chouhan Naresh Chandra Vs. Mst. Reshmabai & Anr. On 6 September 1991 Law Point: Interim maintenance — Applicant accepted the non-applicant as a result of pressure tactics — But, deserted the non-applicant — Application for interim maintenance — Rejected. JUDGEMENT 1. The question is whether in absence […]
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 […]
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, […]