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:Supreme Court of India Bench: JUSTICES Ashok Bhushan, R. Subhash Reddy & M.R. Shah ABHILASHA Vs. PRAKASH & ORS. On 15 September 2020 Law Point: Criminal Procedure Code, 1973 — Section 125 — Hindu Adoptions & Maintenance Act, 1956 — Section 20 — Maintenance — Unmarried major daughter — Scheme under Section 125(1), Cr.P.C., contemplate […]
Court: ALLAHABAD HIGH COURT Bench: JUSTICE Sangeeta Chandra KAHKASHAN & ORS. Vs. UMESH KUMAR GUPTA @ ABBAS HUSAIN KAHKASHAN On 18 April 2022 Law Point: Section 125 — Maintenance — Grant of — No proof of marriage by Muslim rites and rituals of revisionist No. 1 with respondent — Revisionist could not prove even live-in […]
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 […]
Decision of the trail court challenged ‘X’ being aggrieved by the order of the Family Court, Bhandara under section 125 CrPC on 1st August 2022 where the learned judge awarded a maintenance of INR 8000 per month to the wife and 5000 each to the children 1 and 2. Further, responsibility of all educational expense […]
Court: DELHI HIGH COURT Bench: JUSTICE Subramonium Prasad SUNDER LAL SAINI Vs. MEENA SAINI on 9 November 2021 Law Point: (i) Criminal Procedure Code, 1973 — Section 125 — Maintenance — Grant of ‘wife’ — Section 125 Cr.P.C. is a tool for social justice enacted to ensure that women and children are protected from a […]