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: ORISSA HIGH COURT Bench: JUSTICE P.K. Tripathy SARADA MAJHI Vs. SANJAYA MAJHI On 5 November 2001 Law Point: Maintenance : Realisation of Arrears : In the Name of Liberal Interpretation Period of Limitation Cannot be Ignored or Bypassed. JUDGEMENT Order dated 18.11.1999 of the S.D.J.M., Angul in Crl. Misc. Case No. 51 of 1998 […]
Court:Supreme Court of India Bench: JUSTICE P. Venkatarama Reddi & A.K. Mathur SHANTHA @ USHADEVI AND ANR. Vs. B.G. SHIVANANJAPPA On 6 May 2005 Law Point: Arrears of maintenance : Bar of limitation : Application shall be made within a period of one year of date when amount became due. JUDGEMENT Leave granted. Brief facts […]
Court:UTTARAKHAND HIGH COURT Bench: JUSTICEB.C. Kandpal LAXMAN SINGH Vs. STATE OF UTTARANCHAL & ANR. On 12 February 2008 Law Point: Application for recovery of maintenance allowance beyond 12 months is barred under proviso to Section 125(3), Cr.P.C. JUDGEMENT By way of this petition under Section 482 of Cr.P.C. the petitioner has challenged the judgment and […]
Court: BOMBAY HIGH COURT Bench: JUSTICE A.P. Bhangale RAMRATAN Vs. MAYA & ANR. On 28 November 2011 Law Point: Change in circumstances as Husband alleged to have retired from service. Applicant is at liberty to bring change in circumstances to notice of Judge of Family Court concerned and pray for alteration in quantum of maintenance […]
Court:KARNATAKA HIGH COURT Bench: JUSTICE G. Patri Basavana Goud VEERABHADRAPPA Vs. SMT. VEDAVATHI On 7 September 1998 Law Point: Warrant For Levying of Fine : Non-payment of Maintenance : Issuing Arrest Warrant Straight Away, Unsustainable — Maintenance amount to be recovered in manner provided for recovery of fine amount — Methods — Issue of warrant […]
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: Andhra Pradesh High Court Bench: JUSTICE B.S. Raikote Smt. Kudupudi Lakshmi Verra Venkataratnam Vs. Kudupudi Sri Krishna Vara Prasad & Ors. Decided on 24 November 1998 Law Point: Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if […]
Court:MADHYA PRADESH HIGH COURT Bench: JUSTICE U.L. Bhat PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH Decided on 3 August 1995 Law Point: Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future […]