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: 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: 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 […]
KERALA HIGH COURT JUSTICE D. Sreedevi N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS. On 26 August 1998 Law Point: Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not. JUDGEMENT This revision has been filed against the order in M.C. […]
Court: Allahabad High Court Bench: JUSTICE P.K. Jain Mohd. Ismail Vs. Smt. Bilquees Bano On 8 April 1997 Law Point: Date of payment of maintenance should normally be from the date of order and sufficient reason should be given if awarded from date of application. JUDGEMENT 1. Heard Mr. Satish Trivedi, learned Counsel for the […]
Court:Punjab-Haryana High Court Bench: JUSTICE V.M. Jain GOPI Vs. SMT. KRISHNA On 27 August 2001 Law Point: Child Born to Wife Long After Divorce : Child is Illegitimate Child of Wife not Entitled to Maintenance. JUDGEMENT This is a petition under Section 482, Cr.P.C., challenging the order dated 10.2.1999, passed by the Judicial Magistrate and […]