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: JHARKHAND HIGH COURT Bench: JUSTICE H.C. Mishra SUTAPA BANERJEE Vs. STATE OF JHARKHAND & ANR. On 12 April 2012 Law Point: Wife is not willing to live with her Husband without any reasonable cause. While Husband is always ready to keep Wife. No maintenance to Wife. JUDGEMENT 1. Heard learned Counsel for both the […]
Laws Related To Maintenance In India I wrote an article about how multiple maintenance provisions are a paradise for Hindu wives. I have been asked time and again, what are the other laws related to maintenance in India, specifically for different religions, including Muslim Women? It was a misconception that Muslim Women could not seek […]
Court: Mahila Court, Central Distt, Delhi Bench: JUSTICE O.P.DWIVEDI Harpreet Kaur vs Sh. Dilvinder Singh Bedi on 24-05-2011 Law Point: Husband lost job because of complaint,maintenance denied JUDGEMENT Vide this order, I shall dispose off the interim application filed by the complainant u/s 23(2) of D.V. Act filed along with the petition u/s 12 of D.V. […]
HIMACHAL PRADESH HIGH COURT Bench: R Khurana Darje Wangial vs Karam Singh on 18/11/1996 Equivalent citations: II (1997) DMC 83 Law Point: The burden upon the woman to establish the paternity of the child and to show that the person from whom she claims maintenance for the child is the father of the child. JUDGEMENT […]
Supreme Court of India Amrendra Kumar Paul vs Maya Paul & Ors on 4 August, 2009 Bench: S.B. Sinha, Cyriac Joseph Law Point: Once children attained majority, provisions of CrPC 125 cease Author: S Sinha Appellant(s) Amarendra Kumar Paul Respondent(s) Maya Paul & Ors. JUDGEMENT 1. Leave granted. 2. Appellants herein are aggrieved by and […]
Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]
Rajasthan High Court JUSTICE J.B. Garg Harikishan Vs. Shanti Devi On 4 September 1987 Law Point: Application for cancellation of maintenance pleading parties after marriage never cohabited and minor not the child of the marriage. Whether order grating maintenance to minor liable to be cancelled — Yes. JUDGEMENT 1. This is an application under Section […]
Court:Supreme Court of India Bench: JUSTICES Markandeya Katju & T.S. Thakur D. Velusamy Vs D. Patchaiammal On 21 October 2010 Law Point: Criminal Procedure Code, 1973 — Section 125 — Maintenance — Divorced wife is treated as a wife for purpose of Section 125, Cr.P.C. but if a person has not even been married obviously […]
Court: Karnataka High Court Equivalent citations: 1993 CriLJ 767 Bench: JUSTICE M Mirdhe Chaya vs K.G. Channappa Gowda on 22 September, 1992 Law Point: Women to Prove ligitimacy of child for maintenance. Corroboration is insisted by the court not as a rule of law but as a rule of prudence to satisfy the conscience of […]
Court: Supreme Court of India Equivalent citations: 1978 AIR 597, 1978 SCR (2) 621 Bench: Beg, M. Hameedullah (Cj), Chandrachud, Y.V., Bhagwati, P.N., Krishnaiyer, V.R. & Untwalia, N.L., Fazalali, S.M. & Kailasam, P.S. Maneka Gandhi vs Union Of India on 25 January, 1978 Law Point: Right of dignity – right to live is not […]