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: Bombay High Court Bench: JUSTICE N.V. Dabholkar, A.B. Naik & N.H. Patil Bhausaheb Vs. Leelabai Decided on 7 July 2003 Law Point: Status of woman as ‘wife’ not recognised by provisions of Act, which confers right for permanent alimony, she cannot be entertained for grant of relief in absence of recognition of her status […]
Court: Karnataka High Court Bench: JUSTICE K. Sreedhar Rao & B. Sreenivase Gowda Chandamma & Ors. Vs. Muktabai & Anr. Decided on 19 August 2008 Law Point: Second wife not entitled to invoke Section 25 of Hindu Marriage Act to seek maintenance — Section 25 of Hindu Marriage Act cannot be invoked to seek maintenance […]
Court: Supreme Court of India Bench: JUSTICE Dr. AR. Lakshmanan & Altamas Kabir Ruma Chakraborty Vs. Sudha Rani Banerjee & Anr. Law Point: Wife cannot claim to be directly interested in tenanted suit premises by way of her entitlement towards maintenance which includes residence as per Hindu Adoptions and Maintenance Act : She is not […]
Court: Punjab and Haryana High Court Bench: JUSTICE R.P. Sethi & Sat Pat Ram Lal Vs. Smt. Surinder Kaur on Decided on 14 November 1994 Law Point: Requirement of Court while granting maintenance — To see whether spouse claiming maintenance was earning himself/herself — The other party could not be saddled with monetary burden. JUDGEMENT […]
Court: Andhra Pradesh High Court Bench: Motilal B. Naik & A. Gopal Reddy Lokeshwari Vs. Srinivasa Rao Decided on 11 February 2000 Law Point: Maintenance/Permanent Alimony to Divorced Wife: Factors to be Taken into Consideration — Status of parties, their sources of income and properties, employment are to be taken into consideration — Both husband […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.G. Chitre Surajmal Vs. Rukminibai Decided on 31 March 1999 Law Point: Amount of maintenance can be reduced if it is justifiable. JUDGEMENT 1. Mr. Ajay Ukas, Counsel for the appellant. The respondent is absent. None is present for her. 2. By this appeal the appellant is assailing […]
Court: GUJARAT HIGH COURT Bench: JUSTICE D.G. Karia DUDHIBEN MERAKHBHAI Vs. NATHABHAI HAZABHAI & ANR. Decided on 25 April 1996 Law Point: Wife is being supported and maintained by an adulterer — Husband has not sufficient means. Maintenance denied to wife. JUDGEMENT This revision application arises out of the proceedings under Section 24 of the […]
Court: Andhra Pradesh High Court Bench: JUSTICE B.S. Raikote Smt. Kudupudi Lakshmi Verra Venkataratnam Vs. Kudupudi Sri Krishna Vara Prasad & Ors. Decided on 24 November 1998 Law Point: Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if […]
Court:ALLAHABAD HIGH COURT Bench: JUSTICE Dinesh Gupta VIKAS PANDEY Vs. VANDITA GAUTAM Decided on 8 October2012 Law Point: Wife highly educated and more than husband and clearly in a position to earn more. Maintenance is for wife who unable to maintain herself. JUDGEMENT This appeal has been preferred by the appellant against the judgment and […]
Court: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul Abha Arora Vs. Angela Sharma & Anr. Decided on 18 May 2007 Law Point: Any claims for residence or maintenance by Wife can only be made against her husband only. JUDGEMENT 1. The plaintiff was the absolute owner of the property bearing No. F-18 Geetanjali Enclave, […]