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
Calcutta High Court JUSTICE Surya Kumar Tiwari Kumar Sankar Chakraborty Vs. Juthika Chakraborty On 6 February 1996 Law Point: Allegations of ill-treatment and neglect — Not substantiated — Wife not residing with her husband of her own accord — Maintenance granted to respondent by Magistrate — Not justified — Set aside. JUDGEMENT This petition has […]
PUNJAB AND HARYANA HIGH COURT JUSTICE J.B. Garg PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. JUDGEMENT Parmanand Mishra, the husband has moved the present petition under Section 482 of the Code of Criminal Procedure […]
Madhya Pradesh High Court JUSTICE Vandana Kasrekar Pradeep Jain Vs. Manjulata Jain Modi & Anr. On 5 July 2018 Law Point: Maintenance Grant of to wife and not child of another father or mother of another person Non-applicant No. 2 is daughter of Ist marriage of wife non-applicant No. 1 and not of applicant. Family […]
Supreme Court of India JUSTICE G.B. Pattanaik & U.C. Banerjee Khemchand Om Prakash Sharma Vs. State Of Gujrat & Anr. On 25 February 2000 Law Point: Second wife not entitled to claim maintenance where first wife is alive and there has been no annulment of marriage by decree of divorce or otherwise : Courts below […]
Rajasthan High Court JUSTICE Vijay Kumar Vyas Mukesh Vs. Sangeeta On 25 July 2017 Law Point: Parties legally married to each other and respondent-wife not able to maintain herself — Respondent-wife willingly left petitioner-husband and living with some other person alleged to be her new husband — Courts below did not consider matter in right […]
Bombay High Court JUSTICE Bharati H. Dangre Sumit Vijay Kumar Vs. Shraddha Gupta Jain On 13 April 2018 Law Point: Family Court has considered earning capacity of husband and wife and also liabilities borne by them — Court has considered bank statement of husband which was placed on record and also referred to certain credit […]
Bombay High Court JUSTICE K.L. Wadane Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse & Anr. On 8 February 2018 Law Point: Divorce granted in favour of petitioner-husband — Order of Civil Court attained finality — Question of ‘adultery’ finally determined by Civil Court and that finding confirmed by first Appellate Court and this Court in […]
Rajasthan High Court JUSTICE R.S. Chauhan Rafique Mohammed Vs. Anisa & Ors. On 18 March 2013 Law Point: Grant to second child — Second application by wife not maintainable qua wife — Respondent-wife hidden the fact that she had filed application under Section 125, Cr.P.C. on 12.6.1998 and was granted maintenance for Iddat period from […]
Gauhati High Court JUSTICE Mir Alfaz Ali Mantush Choudhary @ Mantu Choudhary Vs. State Of Assam & Anr. On 15 February 2018 Law Point: Factum of marriage as claimed by respondent, having found improbable and absurd negating marital relationship between parties — No maintenance could be granted under Section 125, Cr.P.C. — In view of […]
Gauhati High Court JUSTICE Kalyan Rai Surana Shilpa Agarwalla Vs. Naveen Tayal On 2 August 2017 Law Point: To provide immediate relief to spouse unable to support or maintain himself/herself — Withholding of income — Adverse presumption — Wife ill and to take care of minor daughter — When petitioner-wife filed petition for maintenance, she […]