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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

Wife Professionally Qualified even if earning Meagre Amount – No Maintenance

DELHI HIGH COURT JUSTICE Pradeep Nandrajog, J. & Pratibha Rani RUPALI GUPTA Vs. RAJAT GUPTA On 5 September 2016 Law Point: Denial to wife, qualified CA, having sufficient means to maintain herself — Appellant- wife working in that capacity since 2003 cannot be expected to earn only Rs. 7,000/- p.m. which is below minimum wages […]

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Child who has attained Majority is not entitled for Maintenance

Sikkim High Court JUSTICE Sunil Kumar Sinha Shiva Kumar Pradhan Vs. Meena Rawat & Anr. On 1 Dec 2015 Law Point: Legitimate or illegitimate child, who has attained majority, not physically or mentally abnormal, not entitled to receive maintenance JUDGEMENT 1. This Petition is directed against the Order dated 30.06.2015 passed by the Family Court, […]

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Right of maintenance waived by wife by way of MoU, cannot be claimed again.

Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]

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Parties to Maintenance suit to file Affidavit of Income, Expenditure and Assets

This Judgment was in application in all trial courts in Delhi prior to Kusum Sharma Judgment. This Judgment is put here for information purpose only and is no longer relevant Delhi High Court JUSTICE J.R. Midha Puneet Kaur Vs. Inderjeet Singh Sawhney On 12 September 2011 Law Point: Both parties directed to file, along with […]

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Wife Working, Enough Pay and Emoluments – No Maintenance

Patna High Court JUSTICE Ahsanuddin Amanullah Suman Kumari, Surendra Rai Vs. State of Bihar & Anr. On 19 April 2012 Law Point: Wife working as teacher in Government school — She is able to maintain herself from the pay and emoluments received — Offer made voluntarily on behalf of the husband for depositing a sum […]

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No Ex Parte Maintenance Orders if Respondent Not Served

Uttarakhand High Court JUSTICE Prafulla C. Pant S. Vishwanathan Vs. Pushpa On 10 June 2010 Law Point: Ex parte order without getting notices served on revisionist as required under Section 13 of Act read with Rule 12 — Magistrate is directed to pass fresh orders after hearing parties — Impugned order set aside. JUDGEMENT 1. […]

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Maintenance to be on basis of Actual Income of Husband

Bombay High Court JUSTICE R.M. Savant Deepak L. Bhandare Vs. Durga Deepak Bhandare & Anr. On 23 September 2013 Law Point: Trial Court fixed interim maintenance @ Rs. 5,000 per month as personal expenses for wife and Rs. 7,000 per month for the personal and school expenses of daughter — Trial Court assumed income of […]

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Home Loan is Pre-existing Liability of Husband while deciding Maintenance

Karnataka High Court JUSTICE S. Venkataraman M. Ravishankar Vs. R. Pushpa On 26 November 1996 Law Point: Loans such as F.A., L.I.C. premium, P.F. loan, etc. not to be taken into account — Income tax, P.F. and house building loan can be considered for fixing interim maintenance. JUDGEMENT Though this matter has come up for […]

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Additional Evidence in Maintenance Proceeding; When Admissible

Supreme Court of India JUSTICE Tarun Chatterjee & V.S. Sirpurkar Anupam Gupta Vs. Sumeet Gupta On 19 November 2008 Law Point: Production of additional evidence — Directions for producing additional evidence with directions to appellant to pay maintenance to respondent @ Rs. 35,000/- p.m. and clear arrears within two weeks unsustainable — Impugned order set […]

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Wife to Get Maintenance only if her Income is Insufficient

Delhi High Court JUSTICE D.P. Wadhwa Pradeep Kumar Kapoor Vs. Shailja Kapoor On 20 May 1988 Law Point: No finding by trial court about the insufficiency of the income of wife for her support — Husband earning Rs. 200/- p.m. from sale of paintings not based on any evidence — Husband net income from salary […]

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