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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Maintenance

Discretion at time of Interim Maintenance shall be Reasonable

Karnataka High Court JUSTICE A.V. Chandrashekara R. Satish Kumar & Ors. Vs. Raghaveni On 3 February 2016 Law Point: Even if evidence is hazy and same will have to be assessed on touchstone of preponderance of probabilities — First Appellate Court has taken into consideration all materials placed on record and passed detailed order giving […]

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Compromise Between Parties to Live Together Maintenance can not go on

Bombay High Court JUSTICE P.D. Kode Ratan Narayan Ingale Vs. Sau. Sujeta Ratan Ingale & Ors. On 28 August 2013 Law Point: Compromise between parties and they have started living together — Applicant is maintaining non-applicants — No propriety in continuing said orders as object sought to be achieved by passing such orders is well […]

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Wife Left Home Without Justifiable Reason – No Maintenance

Telangana & Andhra Pradesh High Court JUSTICE T. Sunil Chowdary S. Rehana Sulthana @ Rehana Begum Vs. B. Mohammad Ghouse & Anr. On 28 March 2016 Law Point: Establishment of ingredients is sine qua non — Petitioner-wife failed to prove that she left matrimonial home because of harassment meted out by husband and his family […]

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No Maintenance to Child if Wife has Sufficient Income for upkeep of Child

Punjab and Haryana High Court N.K. Kapoor Satya Pal Vs. Sona Devi On 15 July 1992 Law Point: Both parties employed — Petitioner drawing salary of Rs. 1865/- P.M. — Wife getting Rs. 1845/- P.M. — Whether Sec. 24 envisages the grant of interim maintenance allowance of minor children — Held — No — Grant […]

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Quantum of Maintenance on Basis of Estimation of Income is Wrong

Bombay High Court JUSTICE Abhay M. Thipsay Shabuktabano Ayyaz Inamdar & Anr. Vs. State Of Maharashtra & Anr. On 2 Sept 2013 Law Point: Neither Magistrate nor Sessions Judge made any serious effort to ascertain approximate income of respondent No. 2 on basis of evidence — Magistrate fixed amount of maintenance by holding that respondent […]

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Wife Enjoying Two Maintenance is Not Permitted by Law

Court: Orissa High Court Bench: JUSTICE Biswanath Rath Bhavin Shah Vs. Sapna Shah On 8 January 2016 Law Point: Wife in enjoyment of maintenance from two Courts — Not permissible in law — Grant of interim maintenance in favour of wife by another competent Court of Law — This fact brought to notice of Family […]

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Acquittal of Husband in 498A – No Maintenance to Wife

Madhya Pradesh High Court JUSTICE C.V. Sirpurkar Pooja Gaur Vs. Umit @ Pinky Patel On 26 April 2016 Law Point: Acquittal in criminal case — No specific allegations against husband alleging harassment for dowry — She left matrimonial home of her own accord — Wife is suffering from some mental issues for which she has […]

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Interim Maintenance to be Paid even when Ex Parte Order Set Aside

Bombay High Court JUSTICE P.D. Kode Nishant Vs. Sonia On 27 August 2013 Law Point: Default in appearance occurred on part of applicant i.e. failure of Advocate to inform about date — Such an opportunity deserves to be given for serving ends of justice — Proceedings are prolonged since the year 2011, orders of interim […]

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No Orders except Interim under DV without Adducing Evidence

Court: Madras High Court Bench: JUSTICE M. Venugopal P.K. Nagarajan @ Meenakshisundaram Vs. N. Jeyarani & Ors. On 30 January 2014 Law Point: Revision petitioner/husband and 1st respondent/wife have not adduced any oral and documentary evidence to substantiate their averments and counter averments — Order relating to maintenance claim and Residential protection order passed by […]

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Wife Guilty of Desertion – No Maintenance

Andhra Pradesh High Court JUSTICE Ashutosh Mohunta & G. Krishna Mohan Reddy Guntamukkala Naga Venkata Kanaka Durga @ Nagamani Vs. Guntamukkala Eswar Sudhakar & Anr. On 19 October 2012 Law Point: Wife alone guilty of desertion of husband — She is not entitled for any maintenance from him — Awarding maintenance to a wife because […]

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