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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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Judgement

Abdulrahiman Vs. State Of Kerala

Court: Kerala High Court Bench: JUSTICES.S. Satheesachandran Abdulrahiman Vs. State Of Kerala On 22 September 2011 Law Point: One month’s imprisonment for each month default is not sole criteria which governs Court for imposing maximum punishment to the Husband Court has to exercise its discretion judicially in fixing quantum of punishment.     JUDGEMENT   […]

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Mohandas Vs. Jayanthi

Court: Kerala High Court Bench: JUSTICE C.T. Ravikumar Mohandas Vs. Jayanthi On 15 June 2012 Law Point: Precautions and procedures to be taken while enforcement of maintenance order. JUDGEMENT 1. A convict, who is undergoing the sentence of imprisonment on account of the default committed in paying the maintenance ordered under Section 125, Cr.P.C. in […]

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Nalini Prava Behera & Ors. Vs. Akshaya Kumar Behera

Court: Orissa High Court Bench: JUSTICE B. Panigrahi & Ch. P.K. Misra Nalini Prava Behera & Ors. Vs. Akshaya Kumar Behera on 7 November 2002 Law Point: Permanent Alimony and maintenance : Quantum : While deciding amount Social status, economic condition and standard of living of parties should be kept in view : Taking provision […]

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Matrimonial Suit Possible Through Power of Attorney

Kerala High Court JUSTICE K.M. Joseph & M.L. Joseph Francis Mukundan Naveen Vs. XXXXXXX Dinesh Decided on 28 June 2011 Law Point: Matrimonial dispute can be instituted by party through duly constituted power of attorney holder — Rules made by High Court will prevail over any other rules to the contrary — Permitting the petitioner […]

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Kulwant Kaur @ Preeti & Ors. Vs. Prem Nath & Ors.

Court: Punjab and Haryana High Court Bench: JUSTICE R.L. Anand Kulwant Kaur @ Preeti & Ors. Vs. Prem Nath & Ors. On 15 March 2001 Law Point: In Maintenance Cause of Action of Wife is against Husband and not Anybody Else i.e. Partners and Co-owners of Property of Husband. JUDGEMENT 1. The present revision under […]

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Anand Dubey Vs. Sarika Dubey

Court: Uttarakhand High Court Bench: JUSTICEB.C. Kandpal & Nirmal Yadav Anand Dubey Vs. Sarika Dubey Decided on 17 March 2010 Law Point: Welfare of child is of paramount consideration, to be taken into consideration by Judge, Family Court . Directions issued and matter remanded to decide it afresh recording reasons pertaining to welfare of child. […]

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Ettiappa Mudaliar & Another Vs. T. Subramanian

Court: Madras High Court Bench: JUSTICE A.R. Lakshmanan Ettiappa Mudaliar & Another Vs. T. Subramanian on 19 November 1992 Law Point: In the absence of strong positive proof of father suffering any disqualification. He remains, fit and proper person to have the custody of the child. Maternal grand parents directed to handover the custody of […]

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Doli Banerjee Vs. Prabir Banerjee

Court: Calcutta High Court Bench: JUSTICE S.R. Misra & S. Narayan Doli Banerjee Vs. Prabir Banerjee Decided on 13 June 1996 Law Point: Paramount consideration –– Welfare of minor not legal right of parties — Physical and mental upkeep and education of child –– Court to decide. JUDGEMENT 1. This appeal by the mother-appellant is […]

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Yudhistir Mohanand Vs. Dalimba Mohanand

Court: Orissa High Court Bench: JUSTICE K.P. Mohapatra Yudhistir Mohanand Vs. Dalimba Mohanand on 7 November 1989 Law Point: Wife filed petition for restoration of child below 5 years of age, to her — Alleging she was driven away from matrimonial home and child was snatched from her. Search warrant was issued. Child in custody […]

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Vinny Parmvir Parmar Vs. Parmvir Parmar

Court: Supreme Court of India Bench: JUSTICE P. Sathasivam & Dr. B.S. Chauhan Vinny Parmvir Parmar Vs. Parmvir Parmar Decided on 20 July 2011 Law Point: Status of wife before marriage is one of the relevant factors for determining amount of maintenance. JUDGEMENT Leave granted. 2. These appeals are filed against the final order dated […]

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