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: UTTARAKHAND HIGH COURT Bench: JUSTICE Rajiv Sharma, J. & Sharad Kumar Sharma MAMTA RAI Vs. YOGENDRA KUMAR RAI On 22.6.2017 Law Point: Wife having independent source of earning, not entitled for any benefit under Section 24 of Act. JUDGEMENT This is a wife’s appeal, challenging the order dated 23.7.2016, passed by the Family Court, […]
Laws Related To Maintenance In India I wrote an article about how multiple maintenance provisions are a paradise for Hindu wives. I have been asked time and again, what are the other laws related to maintenance in India, specifically for different religions, including Muslim Women? It was a misconception that Muslim Women could not seek […]
Court: Uttarakhand High Court Bench: JUSTICE Pankaj Purohit J. Smt. Anshu Gupta vs Adwait Anand @ Devansh on 9 August, 2023 Law Point: Liabiliy to maintain minor child os on any person, mother or father having sufficient means, if neglects/refuses to maintain such minor child would be liable to pay maintenance of such child JUDGEMENT This revision […]
Court: HIMACHAL PRADESH HIGH COURT Equivalent citations: II (1997) DMC 83 Bench: R Khurana Darje Wangial vs Karam Singh on 18/11/1996 Law Point: The burden upon the woman to establish the paternity of the child and to show that the person from whom she claims maintenance for the child is the father of the child. […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE H.C. Mishra PAWAN KUMAR GUPTA Vs. DEVANTI DEVI On 30 March 2012 Law Point: Family Court directed to pass fresh judgment in accordance with law taking into consideration all materials brought on record by Husband. JUDGEMENT 1. Heard learned Counsel for the petitioner. No one appears on behalf […]
Court: Delhi High Court Bench: JUSTICE Badar Durrez Ahmed Bhupinder Singh Vs. Delhi Commission For Women & Ors. On 1 February 2007 Law Point: No power granted to Commission to pass orders and/or directions for maintenance. These powers vested in Courts, both Criminal and Civil — Rights and obligations in respect of maintenance pertaining to Hindus to […]
Court: Supreme Court Of India Bench: JUSTICE Ashok Bhushan, K.M. Joseph Sanjeev Kapoor Vs. Chandana Kapoor On 19 February 2020 Law Point: Magistrate can review order passed u/s 125 Crpc, Bar u/s 362 Crpc not applicable. JUDGEMENT This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated […]
Court: Rajasthan High Court Bench: JUSTICE M.A.A. Khan Radhey Shyam & Ors. Vs. Meera Devi & Anr. On 11 December 1996 Law Point: Karta of H.U.F. may be under statutory obligation to maintain disqualified member of H.U.F. and his wife and minor children. But summary proceedings contemplated in Section 125, Cr.P.C cannot be invoked against Karta. JUDGEMENT […]
Court: Calcutta High Court Bench: JUSTICE Ashis Kumar Chakraborty Tripti Chakraborty Vs. Anjan Chakraborty On 28 July 2017 Law Point: Post held by Husband and monthly salary are important factors to be considered in determination of amount of maintenance. JUDGEMENT This revisional application, at the instance of the respondent wife in the matrimonial suit, is directed against […]
Court: High Court Of Delhi Bench: JUSTICE J.R. MIDHA Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015 Law Point: Format of affidavit of assets, income and expenditure would help Court in determining true income, expenditure of parties, be filed by both parties at very threshold in all matrimonial cases JUDGEMENT 1. The requirements of […]