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: Jharkhand High Court Bench: JUSTICE D.K. Sinha Gulab Khan Vs. Nairun Nisha On 19 March 2010 Law Point: Grant of maintenance without considering paying capacity of Husband — Impugned order is erroneous. JUDGEMENT 1. This criminal revision is directed against the order impugned passed by the Principal Judge, Family Court, Lohardaga in a proceeding […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Sharmishtha Vs. Sujoy Mitra On 4 August 2008 Law Point: Foreign Divorce Decree — Not required to be confirmed by Court of this country — However, decree obtained from foreign country must satisfy requirements of Section 13, CPC . JUDGEMENT 1. The respondent/husband […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Binda Devi Vs. Dabboo Yadav @ Sanjeev Yadav On 7 September 2016 Law Point: Section 125 — Maintenance — Relationship between parties. JUDGEMENT 1. For the reasons stated in the application 395 days delay in filing and 395 days in re-filing the appeal is condoned. 2. Application […]
Court: Rajasthan High Court Bench: JUSTICE Ajay Rastogi & J.K. Ranka Praveena Tank Vs. Arvind Kumar Tank On 19 November 2014 Law Point: Cruelty — Character assassination — According to husband, wife was having illicit relations with a distant relative before marriage and that persisted thereafter — Parties living separately for more than 14 years […]
Court: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul & Ajit Bharihoke Aviral Mittal Vs. State & Anr. On 7 August 2009 Law Point: In matters relating to matrimony and custody, law of place which has closest connection with well-being of spouses and welfare of offspring of marriage must govern said disputes. JUDGEMENT […]
Court: Delhi High Court Bench: JUSTICE Manmohan Manas Acharya Vs. State & Anr. On 29 August 2012 Law Point: Section 498A — Criminal Procedure Code, 1973 — Section 482 — Cruelty — Quashing of FIR — Both parties resolved all their disputes and differences by way an agreement before Mediation Centre — Marriage between petitioner […]
Court: Punjab and Haryana High Court Bench: JUSTICE K.S. Kumaran Ramesh Khullar & Anr. Vs. Alka @ Dimple On 21 March 1997 Law Point: Section 406 — Criminal Procedure Code, 1973 — Section 482 — Misappropriation of Dowry Articles : Complaint Absurd : Quashed — Complaint against husband, his sister and brother-in-law after three years […]
Court: ORISSA HIGH COURT Bench: JUSTICE A. Pasayat AHALYA BARIHA @ BARIHANI Vs. CHHELIA PADHAN On 19 July 1991 Law Point: Maintenance — Petitioner’s application for maintenance for the illegitimate child from the opp. party — Trial Courts Order, reversed by Additional Session Judge — Ground — Credible evidence, corroborating the assertions of paternity of […]
Court: Supreme Court of India Bench: JUSTICE Dr. AR. Lakshmanan & Tarun Chatterjee Rishikesh Sharma Vs. Saroj Sharma On 21 November 2006 Law Point: Wife living separately and filing cases against Husband which cannot be substantiated. Divorce Decreed. JUDGEMENT Leave granted. 2. The husband is the appellant before us. The respondent is his wife. They […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Anjum Vs. Yunus Saleem On 8 September 2016 Law Point: Wife is having sufficient means to maintain herself and availing all facilities at the house of husband. She has sufficient means to lead her life as per social status of husband. JUDGEMENT 1. Whereas Crl.M.A.No.6650/2015 has been […]