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:ALLAHABAD HIGH COURT Bench: JUSTICE Dinesh Gupta VIKAS PANDEY Vs. VANDITA GAUTAM Decided on 8 October2012 Law Point: Wife highly educated and more than husband and clearly in a position to earn more. Maintenance is for wife who unable to maintain herself. JUDGEMENT This appeal has been preferred by the appellant against the judgment and […]
Court: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul Abha Arora Vs. Angela Sharma & Anr. Decided on 18 May 2007 Law Point: Any claims for residence or maintenance by Wife can only be made against her husband only. JUDGEMENT 1. The plaintiff was the absolute owner of the property bearing No. F-18 Geetanjali Enclave, […]
Court:MADHYA PRADESH HIGH COURT Bench: JUSTICE U.L. Bhat PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH Decided on 3 August 1995 Law Point: Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future […]
Court: Madras High Court Bench: JUSTICE Prabha Sridevan Jayalakshmi Vs. Krishna Padayachi Decided on 04 September 2002 Law Point: Woman marrying person while first marriage is subsisting : In law, woman can be given recognition either as wife of man or as his concubine : There cannot be any intermediary clause described as an “illegitimate […]
Court: Madhya Pradesh High Court Bench: JUSTICE R.P. Awasthy Sheetal Prasad Gaur And Others Vs. Bhagwandas Decided on 25 April 1994 Law Point: Alleged commission of offences punishable under Secs. 294, 506-B and 500 r/w Sec. 120-A I.P.C. — Filed with ulterior motive of harassing the petitioners — Allegations patently absurd and inherently improbable — […]
Court: Madras High Court Bench: JUSTICE M. Thanikachalam Bommi & Anr. Vs. Munirathinam Decided on 28 July 2004 Law Point: When marriage itself is disputed, DNA test to check the legitimacy of child before passing maintenance award can be demanded and should be allowed. JUDGEMENT 1. The plaintiffs in O.S. No. 202 of 2001 on […]
Court: Patna High Court Bench: JUSTICE Ghanshyam Prasad Shailendra Kumar & Ors. Vs. State Of Bihar & Anr. Decided on 19 February 2007 Law Point: Cost of jewellery given at time of negotiation already returned — Continuance of criminal prosecution would amount to misuse of process of Court. JUDGEMENT 1. Heard. 2. This application under […]
Court: Patna High Court Bench: JUSTICE Abhijit Sinha Santosh Kumar Maurya @ Santosh Kumar Vs. State Of Bihar & Anr. Decided on 13 August 2009 Law Point: No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture […]
Court: Andhra Pradesh High Court Bench: JUSTICE C.Y. Somayajulu V. Shankaraiah Vs. State Of A.p. Decided on 11 February 2002 Law Point: Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to […]
Court: Delhi High Court Bench: JUSTICE S.C. Jain V. Chandrasekharan Vs. Vasantha & Anr. Decided on 26 August 1993 Law Point: Plea of entrustment of jewelry and refusal to return demand for the first time — Other litigation pending — Whether proceedings liable to be quashed ? (Yes). JUDGEMENT 1. Shri V. Chandrasekharan, the petitioner […]