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: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul & Ajit Bharihoke Aviral Mittal Vs. State & Anr. On 7 August 2009 Law Point: In matters relating to matrimony and custody, law of place which has closest connection with well-being of spouses and welfare of offspring of marriage must govern said disputes. JUDGEMENT […]
Court:Supreme Court of India Bench: JUSTICE P. Sathasivam, B.S. Chauhan Shyamrao Maroti Korwate vs Deepak Kisanrao Tekam on 14 September 2010 Law Point: Custody of Child given to Grandfather. JUDGEMENT 1) This appeal, pertaining to the custody of a minor child, is directed against the final judgment and order dated 17.10.2007 passed by the High […]
Court: Madras High Court Bench: JUSTICE K.M. Natarajan & Maruthamuthu Vaidehi Vs. I. Gopinath On 3 February 1992 Law Point: Writ of Habeas Corpus — Jurisdiction — Marriage of parties dissolved — Husband brought the minor children with him and children are in safe custody to their father. Nothing to show that their morale of […]
Court: Supreme Court Of India Bench: JUSTICE B.P. Singh & Altamas Kabir Sheila B. Das Vs. P.R. Sugasree On 17 February 2006 Law Point: Father not neglected minor or to look after her needs. Father financially stable and not disqualified in any manner from being guardian of minor child. Allegation of apathy not borne out […]
Court: Andhra Pradesh High Court Bench: JUSTICE Motilal B. Naik & T. Ranga Rao Malakala Ramu @ Ramam Vs. Mammidi Gopalmurthy On 15 December 1997 Law Point: Custody of Child : Welfare of Minor : Paramount Consideration — No material to hold that interests of minor children would be jeopardised, if custody granted to their […]
Court: Uttarakhand High Court Bench: JUSTICEB.C. Kandpal & Nirmal Yadav Anand Dubey Vs. Sarika Dubey Decided on 17 March 2010 Law Point: Welfare of child is of paramount consideration, to be taken into consideration by Judge, Family Court . Directions issued and matter remanded to decide it afresh recording reasons pertaining to welfare of child. […]
Court: Madras High Court Bench: JUSTICE A.R. Lakshmanan Ettiappa Mudaliar & Another Vs. T. Subramanian on 19 November 1992 Law Point: In the absence of strong positive proof of father suffering any disqualification. He remains, fit and proper person to have the custody of the child. Maternal grand parents directed to handover the custody of […]
Court: Calcutta High Court Bench: JUSTICE S.R. Misra & S. Narayan Doli Banerjee Vs. Prabir Banerjee Decided on 13 June 1996 Law Point: Paramount consideration –– Welfare of minor not legal right of parties — Physical and mental upkeep and education of child –– Court to decide. JUDGEMENT 1. This appeal by the mother-appellant is […]
Court: Orissa High Court Bench: JUSTICE K.P. Mohapatra Yudhistir Mohanand Vs. Dalimba Mohanand on 7 November 1989 Law Point: Wife filed petition for restoration of child below 5 years of age, to her — Alleging she was driven away from matrimonial home and child was snatched from her. Search warrant was issued. Child in custody […]
Court: Madras High Court Bench: JUSTICE K. Chandru Alamelu Sockalingam Vs. Venkatachalam on 16 November 2012 Law Point: Custody of minor — Appointment of Guardian — Minor child, aged about 9 years in custody of mother for last 8 years — Even during pendency of OP, child is with mother and going to school — […]