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 S.P. Garg Manik Chopra Vs. Priyanka Chopra On 19 May 2017 Law Point: Sections 125, 482 — Interim Maintenance — Quantum — Court to take prima facie view and not conduct roving inquiry. JUDGEMENT 1. The instant petition under Section 482, Cr.P.C. has been preferred by the petitioner to […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Vitthal Hiraji Jadhav Vs. Harnabai Vitthal Jadhav & Anr. On 14 February 2003 Law Point: Section 125(4) — Maintenance : Husband and wife living separately by mutual consent : Wife loses right to claim alimony from such husband. JUDGEMENT 1. The petitioner is hereby assailing correctness, propriety […]
Court: Orissa High Court Bench: JUSTICE P.K. Misra Balaram Dash Vs. Smt. Gijanjali Dash & Anr. On 12 July 2000 Law Point: Wife Refusing to Comply with Decree to Restitution of Conjugal Rights, Will Amount to Refusal on Part of Wife to Live with Husband Without Sufficient Cause: Wife not Entitled to Interim Maintenance. JUDGEMENT […]
Court: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Ajay Bhardwaj Vs. Jyotsna & Ors. On 23 November 2016 Law Point: Maintenance — Live-in relationship — No valid marriage between parties. Children born out of this relationship entitled to receive maintenance. JUDGEMENT 1. Aggrieved against the order dated 4.5.2015, passed by the learned District […]
Court: Bombay High Court Bench: JUSTICE B.G. Kolse Patil Murlidhar Chintaman Waghmare Vs. Pratibha Murlidhar Waghmare And Another Law Point: Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed. JUDGEMENT 1. This is a Criminal Application filed by the […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Anita Vs. Rati Ram Chauhan On 4 November 2011 Law Point: Maintenance — Marriage dissolved on ground of cruelty — Finding of civil Court in matrimonial proceeding is binding on criminal Court — Criminal Court is not entitled to question the correctness or validity of civil Court […]
Court: Orissa High Court Bench: JUSTICE D.P. Mohapatra Ram Prasanna Dash Vs. Bhabani Devi Law Point: Wife not entitled to maintenance under section 125 of Crpc when Civil Court has granted a decree declaring the marriage to be null and void. JUDGEMENT 1. Being aggrieved by the order passed by the learned Sub-divisional Judl. Magistrate, […]
Court: Punjab and Haryana High Court Bench: JUSTICE Paramjeet Singh Saroj Bala @ Geeta Vs. Ashok Kumar Kalyan On 5 February 2013 Law Point: Divorce by mutual consent — Wife residing separately by mutual consent and accepted lump sum amount of maintenance as full and final settlement as paid — Wife not entitled to maintenance. […]
Court: Calcutta High Court Bench: JUSTICE J.N. Hore Amarendra Nath Bagui Vs. Gouri Rani Bagui And Another On 29 June 1990 Law Point: When a wife lives separately by mutual consent she cannot claim maintenance under Section 125 of the Cr.P.C. JUDGEMENT 1. The present Revisional Application at the instance of the husband is directed […]
Court: Karnataka High Court Bench: JUSTICE V. Jagannathan V.K.V. Sarma Vs. Indra Sarma On 12 August 2011 Law Point: ‘Relationship in nature of marriage’ and ‘Domestic relationship’ defined. Maintenance not allowed. JUDGEMENT 1. The petitioner is before this Court aggrieved by the Trial Court allowing the application filed by the respondent under Section 12 of […]