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: Gauhati High Court Bench: JUSTICE S. Talapatra Pinki Das (sarkar) Vs. Swapan Sarkar On 23 April 2012 Law Point: “Without reasonable excuse”. Clause as engrafted in Section 9, H.M. Act, 1955 and clause “without any sufficient reason” as engrafted in Section 125(4), Cr.P.C., do carry identical meaning and purport but situations or contexts are […]
Court: Madras High Court Bench: JUSTICE M. Karpagavinayagam Rathina Marie Prema & Anr. Vs. Marcel Fernandos On 8 November 1996 Law Point: Divorce between Husband and Wife on the basis of joint memo, wherein the wife had waived her claim for maintenance. Wife not entitled to claim maintenance unless order in divorce is set aside […]
Court: Andhra Pradesh High Court Bench: JUSTICE T. Ch. Surya Rao Syed Mohd. Ghouse Vs. Noorunnisa Begum & Ors. On 14 March 2001 Law Point: Court cannot Compel Person to Give Sample of Blood for DNA or Other Test, if that person refuses to give blood sample without any valid reason, Court is at liberty […]
Court: Madras High Court Bench: JUSTICE D. Sreedevi S.T. Prabhakar Vs. Secretary Of Government Home Department, Fort St. George & Ors. Law Point: Distress warrant for realisation of maintenance amount to be issued only when the defaulter has failed to comply to the order without sufficient cause. JUDGEMENT 1. Seeking compensation to the tune of […]
Court: Allahabad High Court Bench: JUSTICE Surendra Kumar Manoj Kumar Gupta Vs. Kamlesh Kumari & Anr. On 17 January 2012 Law Point: Magistrate is fully competent to recover the maintenance amount remaining unpaid from husband and to pay the same to wife. — Magistrate is directed to issue recovery warrant for maintenance amount remaining unpaid […]
Court: Kerala High Court Bench: JUSTICE R. Basant Salam Vs. Ayisha & Anr. On 4 December 2006 Law Point: Dispute regarding paternity — DNA test answered against petitioner — Claimant submitted she has no further evidence — Learned Counsel for petitioner submits petitioner wants evidence to be adduced — Even assuming erroneous submission made before […]
Court: Punjab & Haryana High Court Bench: JUSTICE V.K. Bali Jaivir Vs. Santosh On 14 February 1995 Law Point: Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property. JUDGEMENT It is true […]
Court: Andhra Pradesh High Court Bench: JUSTICES Bilal Nazki & K.C. Bhanu C. Subramanyam Vs. C. Sumathi & Anr. On 17 October 2003 Law Point: Magistrate has no power to dismiss petition under Section 125, Cr.P.C. for default : For any reason, if it is dismissed, said Court will become functus officio : It has […]
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 […]
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 […]