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: Kerala High Court Bench: JUSTICES K.T. Sankaran & M.L. Joseph Francis Saju Sasidharan Vs. Dhanya & Anr. on 7 August 2012 Law Point: Maintenance pendente lite — Oral request for such relief cannot be entertained by Family Court — Order passed by Family Court granting interim maintenance set aside. JUDGEMENT 1. The question involved […]
Court: Calcutta High Court Bench: JUSTICE D.P. Sengupta In Re : Md. Jahangir Law Point: Maintenance : Magistrate not permitted to impose sentence for more than one month : Impugned order of Magistrate refusing to release husband /petitioner illegal and same set aside. JUDGEMENT 1. In the present application under Section 401 read with Section […]
Court: Madras High Court Bench: JUSTICE Janarthanam Palaniammal vs K. Chinnusamy on 27 August 1994 Law Point: Lump-sum payment evidenced by a deed. Husband’s obligation to maintain discharged. JUDGEMENT 1. The petitioner is the wife, while the respondent is the husband. The wife instituted proceedings claiming maintenance for herself under Section 125 of the Code […]
Court: Kerala High Court Bench: JUSTICE R. Basant Alora Sundaran Vs. Mammali Sumathi & Anr. On 6 July 2006 Law Point: Magistrate has power to sentence Husband for not more than 1 month if there is default in payment of maintenance. JUDGEMENT 1. Does the decision in Shahada Khatoon v. Amjad Ali, I (2000) DMC […]
Court: Kerala High Court Bench: JUSTICE K.A. Abdul Gafoor P.m. Devassia Vs. Ancy & Ors. On 26 October 2006 Law Point: Civil Court liable to take into account order of maintenance competent to pass under Section 125, Cr.P.C. while considering claim for maintenance in civil suit. JUDGEMENT 1. The father is assailing the decree granting […]
Court: Chhattisgarh High Court Bench: JUSTICE Dr. I.M. Quddusi & G. Minhaj Geeta Bareth Vs. Keshav Prasad Bareth On 10 May 2012 Law Point: There is bar of filing appeal against order passed under Chapter IX of Cr.P.C. — In view of specific bar of appeal and fact that order challenged in this appeal has […]
Court: Uttranchal High Court Bench: JUSTICE J.C.S. Rawat Surendra Singh Vs. Shakuntala Devi & Ors. On 8 June 2006 Law Point: Effective date of payment for maintenance, Date of order in normal circumstances however, in extraordinary circumstances it may be ordered to be paid from date of application. Court below gave no reason for allowing […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg Chhotu Singh & Anr. Vs. Smt. Ramdini On 19 March 2002 Law Point: Increased amount of maintenance shall be taken from the date of passing of order and not from date of application. JUDGEMENT 1. This revision petition has been filed by the petitioners against the […]
Court: Andhra Pradesh High Court Bench: JUSTICE T. Ranga Rao S. Vijaya & Ors. Vs. S. Dharmaraju & Anr. On 16 October 1997 Law Point: In absence of any specific direction to pay maintenance from date of order or application, It should be construed that payment of maintenance is from date of order in view […]
Court: Gauhati High Court Bench: JUSTICE S. Talapatra Pinki Das (sarkar) Vs. Swapan Sarkar On 23 April 2012 Law Point: “Without reasonable excuse”. Clause as engrafted in Section 9, H.M. Act, 1955 and clause “without any sufficient reason” as engrafted in Section 125(4), Cr.P.C., do carry identical meaning and purport but situations or contexts are […]