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: Supreme Court of India Bench: JUSTICE Dr. AR. Lakshmanan & Altamas Kabir Ruma Chakraborty Vs. Sudha Rani Banerjee & Anr. Law Point: Wife cannot claim to be directly interested in tenanted suit premises by way of her entitlement towards maintenance which includes residence as per Hindu Adoptions and Maintenance Act : She is not […]
Court: Punjab and Haryana High Court Bench: JUSTICE R.P. Sethi & Sat Pat Ram Lal Vs. Smt. Surinder Kaur on Decided on 14 November 1994 Law Point: Requirement of Court while granting maintenance — To see whether spouse claiming maintenance was earning himself/herself — The other party could not be saddled with monetary burden. JUDGEMENT […]
Court: Andhra Pradesh High Court Bench: Motilal B. Naik & A. Gopal Reddy Lokeshwari Vs. Srinivasa Rao Decided on 11 February 2000 Law Point: Maintenance/Permanent Alimony to Divorced Wife: Factors to be Taken into Consideration — Status of parties, their sources of income and properties, employment are to be taken into consideration — Both husband […]
Court: GUJARAT HIGH COURT Bench: JUSTICE D.G. Karia DUDHIBEN MERAKHBHAI Vs. NATHABHAI HAZABHAI & ANR. Decided on 25 April 1996 Law Point: Wife is being supported and maintained by an adulterer — Husband has not sufficient means. Maintenance denied to wife. JUDGEMENT This revision application arises out of the proceedings under Section 24 of the […]
Court: Chhattisgarh High Court Bench: JUSTICE I.M. Quddusi & G. Minhajuddin Ashok Kumar Deshmukh Vs. Gayatri Decided on 11 April 2012 Law Point: Wife has an affair, lived with husband for only 18 days and then deserted him to live at maternal home. Divorce granted on ground of desertion. JUDGEMENT 1. This appeal has been […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.B. Sakrikar Sudhakar Vs. Smt. Kalavati Decided on 04 May 2001 Law Point: Wife Left Her Matrimonial House on Her own Accord and Did Not Return to Her Husband In Spite of Efforts Made by Him. Reconciliation Not Possible : Decree of Divorce Granted. JUDGEMENT 1. The appellant […]
Court: Madhya Pradesh High Court Bench: JUSTICE P.P. Naolekar Usha Vs. Laxmi Narayan Nagaich Decided on 18 November 1992 Law Point: Wife left her place of residence and refused to come back — Petition filed on a later date, desertion proved. JUDGEMENT 1. The parties to the proceedings were married according to Hindu rites in […]
Court:Punjab-Haryana High Court Bench: JUSTICE Dr. Sarojnei Saksena MEENA RANI Vs. MADAN LAL Decided on 30 March 1995 Law Point: By withdrawing herself from society of husband she has treated him with cruelty Divorce granted to husband. JUDGEMENT 1. Appellant-wife has filed this appeal against the decree of divorce, dated 29.11.1991, under Section 28 of […]
Court: Punjab and Haryana High Court Bench: JUSTICE Sham Sunder Jaswinder Kaur Vs. Harvinder Singh Decided on 28 November 2007 Law Point: Appellant wife deserted respondent husband for continuous period of 2 years immediately preceding filing of petition, without any sufficient cause, with intention to put an end to matrimonial ties permanently — Husband was […]
Court: Himachal Pradesh High Court Bench: JUSTICE Dev Darshan Sud Mamta Devi Vs. Dinesh Kumar Decided on 14 June 2012 Law Point: Wife has been withdrawing from the company of her husband without any justifiable cause — Animus deserendi proved. JUDGEMENT 1. This appeal has been preferred by the wife who was the respondent (before […]