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: Bombay High Court Bench: JUSTICE P.R. Borkar Shivaji Vs. Alka & Anr. On 14 January 2010 Law Point: Minor son not be entitled for maintenance under Section 125, Cr.P.C. from the date on which he attained majority. JUDGEMENT 1. Heard Mr. P.B. Patil, learned Counsel for the petitioner and Mrs. M.L. Sangit, learned Counsel […]
Court: Madhya Pradesh High Court Bench: JUSTICE C.K. Prasad Mangilal Vs. Ratnaprabha & Anr. On 5 January 1995 Law Point: Wife had no ground to leave the matrimonial house. Maintenance not allowed. JUDGEMENT 1. The wife i.e. Non-applicant No. 1 had filed an application on 16-11-1988 in the Court of Judicial Magistrate, First Class, Alirajpur, […]
Court: Kerala High Court Bench: JUSTICE R. Basant Muhammed Vs. Kunhayisha Law Point: Major unmarried daughter not entitled to claim maintenance from her parents unless her inability to maintain herself attributable to her physical or mental abnormality or injury : Her mere status as unmarried daughter, whatever be her religion, does not entitle her to […]
Court: Andhra Pradesh High Court Bench: JUSTICE A. Gopal Reddy Yerram Vinod Vs. State Of A.P. & Ors. On 20 January 2011 Law Point: Major children who through some mental or corporal defect or injury are unable to maintain themselves are entitled to maintenance under Section 125(1)(c). JUDGEMENT 1. This Criminal Petition under Section 482 […]
Court: Kerala High Court Bench: JUSTICE K.A. Abdul Gafoor P.m. Devassia Vs. Ancy & Ors. On 26 October 2006 Law Point: Civil Court liable to take into account order of maintenance competent to pass under Section 125, Cr.P.C. while considering claim for maintenance in civil suit. JUDGEMENT 1. The father is assailing the decree granting […]
Court: Chhattisgarh High Court Bench: JUSTICE Dr. I.M. Quddusi & G. Minhaj Geeta Bareth Vs. Keshav Prasad Bareth On 10 May 2012 Law Point: There is bar of filing appeal against order passed under Chapter IX of Cr.P.C. — In view of specific bar of appeal and fact that order challenged in this appeal has […]
Court: Uttranchal High Court Bench: JUSTICE J.C.S. Rawat Surendra Singh Vs. Shakuntala Devi & Ors. On 8 June 2006 Law Point: Effective date of payment for maintenance, Date of order in normal circumstances however, in extraordinary circumstances it may be ordered to be paid from date of application. Court below gave no reason for allowing […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg Chhotu Singh & Anr. Vs. Smt. Ramdini On 19 March 2002 Law Point: Increased amount of maintenance shall be taken from the date of passing of order and not from date of application. JUDGEMENT 1. This revision petition has been filed by the petitioners against the […]
Court: Andhra Pradesh High Court Bench: JUSTICE T. Ranga Rao S. Vijaya & Ors. Vs. S. Dharmaraju & Anr. On 16 October 1997 Law Point: In absence of any specific direction to pay maintenance from date of order or application, It should be construed that payment of maintenance is from date of order in view […]
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 […]