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: Punjab and Haryana High Court Bench: JUSTICE R.L. Anand Kulwant Kaur @ Preeti & Ors. Vs. Prem Nath & Ors. On 15 March 2001 Law Point: In Maintenance Cause of Action of Wife is against Husband and not Anybody Else i.e. Partners and Co-owners of Property of Husband. JUDGEMENT 1. The present revision under […]
Court: Supreme Court of India Bench: JUSTICE P. Sathasivam & Dr. B.S. Chauhan Vinny Parmvir Parmar Vs. Parmvir Parmar Decided on 20 July 2011 Law Point: Status of wife before marriage is one of the relevant factors for determining amount of maintenance. JUDGEMENT Leave granted. 2. These appeals are filed against the final order dated […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE Bhawani Singh, CJ. & Arun Mishra NANHI BAi Vs. NETRAM On 31 March 2001 Law Point: Wife is adultrous, Maintenance denied to her but husband liable of maintaining children. JUDGEMENT Learned Single Judge Mr. Justice S.K. Dubey (as he then was) has referred the instant revision to Larger […]
KERALA HIGH COURT JUSTICE D. Sreedevi N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS. On 26 August 1998 Law Point: Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not. JUDGEMENT This revision has been filed against the order in M.C. […]
Court: Allahabad High Court Bench: JUSTICE P.K. Jain Mohd. Ismail Vs. Smt. Bilquees Bano On 8 April 1997 Law Point: Date of payment of maintenance should normally be from the date of order and sufficient reason should be given if awarded from date of application. JUDGEMENT 1. Heard Mr. Satish Trivedi, learned Counsel for the […]
Court:Punjab-Haryana High Court Bench: JUSTICE V.M. Jain GOPI Vs. SMT. KRISHNA On 27 August 2001 Law Point: Child Born to Wife Long After Divorce : Child is Illegitimate Child of Wife not Entitled to Maintenance. JUDGEMENT This is a petition under Section 482, Cr.P.C., challenging the order dated 10.2.1999, passed by the Judicial Magistrate and […]
Court: Orissa High Court Bench: JUSTICE R.N. Biswal Babuli @ Rajkishore Rana Vs. Prasanti @ Purnamasi Rana & Anr. On 7 July 2007 Law Point: No specific instances of ill-treatment to Wife by Husband. No evidence to show that Wife apprehended danger to her life if she would live with her husband. Maintenance order against […]
Court: Madhya Pradesh High Court Bench: JUSTICE Narain Singh “Azad” Radheshyam Vs. Smt. Phoolwati On 7 February 2002 Law Point: If there is Compromise between Parties the Recovery Proceedings Deserve to be Dropped. JUDGEMENT 1. Arguments heard. By order dated 8th December, 1995, Shri B.C. Mallaiya, J.M.F.C. Bhopal, granted maintenance to respondent in M.Cr.C. No. […]
Court: Karnataka High Court Bench: JUSTICE S.B. Majage Subhaschandra Vs. Indubai & Anr. On 3 February 2004 Law Point: Daughter-in-law as well as Grandson cannot claim maintenance from father in Law and Grandfather under Section 125 of the Criminal Procedure Code. JUDGEMENT 1. The petitioner, who was respondent in Cri. Misc. No. 12 of 2002 […]
Court: Bombay High Court Bench: JUSTICE T.K. Chandrashekhara Das Sushilabai Vs. Ravan Elji Patil & Anr. On 27.8.1998 Law Point: Once a Consolidated Amount is agreed upon and paid by the Husband, The Wife Cannot Claim Periodical Maintenance. JUDGEMENT 1. This petition is filed by the petitioner/wife for maintenance under Section 125 of the Criminal […]