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:MADHYA PRADESH HIGH COURT Bench: JUSTICE U.L. Bhat PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH Decided on 3 August 1995 Law Point: Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future […]
Court: Madras High Court Bench: JUSTICE Prabha Sridevan Jayalakshmi Vs. Krishna Padayachi Decided on 04 September 2002 Law Point: Woman marrying person while first marriage is subsisting : In law, woman can be given recognition either as wife of man or as his concubine : There cannot be any intermediary clause described as an “illegitimate […]
Court: Madras High Court Bench: JUSTICE M. Thanikachalam Bommi & Anr. Vs. Munirathinam Decided on 28 July 2004 Law Point: When marriage itself is disputed, DNA test to check the legitimacy of child before passing maintenance award can be demanded and should be allowed. JUDGEMENT 1. The plaintiffs in O.S. No. 202 of 2001 on […]
Court: Kerala High Court Bench: JUSTICE G. Sasidharan Kuttappan Vs. Vijayamma & Ors. On 24 August 2001 Law Point: Maintenance : Non-payment : Application has to be Filed within one Year of Amount Becoming Due. JUDGEMENT 1. This petition is filed by the respondent in M.C. No. 31 of 1994 on the file of the […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]
Court: Orissa High Court Equivalent citations: AIR 1967 Ori 163 Bench: R Das, G Misra Akasam Chinna Babu vs Akasam Parbati And Anr. on 10 January, 1967 Law Point: Permanent alimony cannot be granted to a party without a decree under the Hindu Marriage Act. JUDGEMENT 1. The plaintiff-appellant is the husband of defendant-respondent No. […]
Court: High Court Of Delhi Bench: JUSTICE Aruna Suresh Ikjot Chatwal vs Balbir Chatwal on 3 February, 2010 Law Point: Wife independent, having business and source of income, denied maintenance JUDGEMENT 1. Petitioner has filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as the „Act‟) seeking divorce on the […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Damanpreet Kaur vs Indermeet Juneja & Anr. on 14 May, 2012 Law Point: Well educated lady earning well earlier and had chosen not to work of her own will, though had capacity to work and find a suitable job for herself, not eligible for maintenance. JUDGEMENT 1. The petitioner […]
Court: Supreme Court of India Equivalent citations: 1993 SCR (3) 954, 1993 SCC (3) 406 Bench: Punchhi, M.M. Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993 Law Point: Pendente Lite till Pendency of Trial; Pemanent Alimony only if Decree is passed JUDGEMENT CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2653-54 of 1991. From the […]
Court: Orissa High Court Bench: S Mohapatra Binayak Chandra Pady vs Kamala Padhy Alias Padhiani on 7 May, 1986 Law Point: Effect of non payment of maintenance arrears in HMA 24 JUDGEMENT 1. This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, […]