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: Punjab and Haryana High Court Bench: JUSTICE Jaishree Thakur Ajay Bhardwaj Vs. Jyotsna & Ors. On 23 November 2016 Law Point: Maintenance — Live-in relationship — No valid marriage between parties. Children born out of this relationship entitled to receive maintenance. JUDGEMENT 1. Aggrieved against the order dated 4.5.2015, passed by the learned District […]
Court: Bombay High Court Bench: JUSTICE B.G. Kolse Patil Murlidhar Chintaman Waghmare Vs. Pratibha Murlidhar Waghmare And Another Law Point: Wife’s suit for maintenance under Hindu Adoptions and Maintenance Act was dismissed on merits. Her subsequent application under Section 125 Cr.PC liable to be dismissed. JUDGEMENT 1. This is a Criminal Application filed by the […]
Court: Delhi High Court Bench: JUSTICE Mukta Gupta Anita Vs. Rati Ram Chauhan On 4 November 2011 Law Point: Maintenance — Marriage dissolved on ground of cruelty — Finding of civil Court in matrimonial proceeding is binding on criminal Court — Criminal Court is not entitled to question the correctness or validity of civil Court […]
Court: Orissa High Court Bench: JUSTICE D.P. Mohapatra Ram Prasanna Dash Vs. Bhabani Devi Law Point: Wife not entitled to maintenance under section 125 of Crpc when Civil Court has granted a decree declaring the marriage to be null and void. JUDGEMENT 1. Being aggrieved by the order passed by the learned Sub-divisional Judl. Magistrate, […]
Court: Uttarakhand High Court Bench: JUSTICE Servesh Kumar Gupta Kamla Vs. State Of Uttarakhand & Anr. On 6 January 2012 Law Point: Applicant failed to prove she is legally wedded wife. She might be living with him as man and woman, her status is that of concubine or having a live-in relationship. Not granted maintenance. […]
Court: Andhra Pradesh High Court Bench: JUSTICES N.Y. Hanumanthappa & V. Bhaskara Rao L. Srinivasulu Reddy Vs. L. Ramalakshumma & Anr. Law Point: Determination of quantum of maintenance. JUDGEMENT 1. This is a reference by our learned Brother B.S.A. Swamy, J., seeking an authoritative pronouncement on the question whether the wife who deserted her husband […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg Ram Kishore & Anr. Vs. State Of Rajasthan & Anr. On 17 May 2004 Law Point: Maintenance : Perjury : False affidavit by wife : Cognizance of offence : Scope of Sections 195 and 340, Cr.P.C. : Magistrate before whom claim filed himself took cognizance of […]
Court: Jharkhand High Court Bench: JUSTICE D.K. Sinha Gulab Khan Vs. Nairun Nisha On 19 March 2010 Law Point: Grant of maintenance without considering paying capacity of Husband — Impugned order is erroneous. JUDGEMENT 1. This criminal revision is directed against the order impugned passed by the Principal Judge, Family Court, Lohardaga in a proceeding […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Binda Devi Vs. Dabboo Yadav @ Sanjeev Yadav On 7 September 2016 Law Point: Section 125 — Maintenance — Relationship between parties. JUDGEMENT 1. For the reasons stated in the application 395 days delay in filing and 395 days in re-filing the appeal is condoned. 2. Application […]
Court: ORISSA HIGH COURT Bench: JUSTICE A. Pasayat AHALYA BARIHA @ BARIHANI Vs. CHHELIA PADHAN On 19 July 1991 Law Point: Maintenance — Petitioner’s application for maintenance for the illegitimate child from the opp. party — Trial Courts Order, reversed by Additional Session Judge — Ground — Credible evidence, corroborating the assertions of paternity of […]