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: Madras High Court Bench: JUSTICE Prabha Sridevan Jayalakshmi Vs. Krishna Padayachi Decided on 04 September 2002 Law Point: Woman marrying person while first marriage is subsisting : In law, woman can be given recognition either as wife of man or as his concubine : There cannot be any intermediary clause described as an “illegitimate […]
Court: Kerala High Court Bench: JUSTICE G. Sasidharan Kuttappan Vs. Vijayamma & Ors. On 24 August 2001 Law Point: Maintenance : Non-payment : Application has to be Filed within one Year of Amount Becoming Due. JUDGEMENT 1. This petition is filed by the respondent in M.C. No. 31 of 1994 on the file of the […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]
Court: High Court Of Delhi Bench: JUSTICE Aruna Suresh Ikjot Chatwal vs Balbir Chatwal on 3 February, 2010 Law Point: Wife independent, having business and source of income, denied maintenance JUDGEMENT 1. Petitioner has filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as the „Act‟) seeking divorce on the […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Damanpreet Kaur vs Indermeet Juneja & Anr. on 14 May, 2012 Law Point: Well educated lady earning well earlier and had chosen not to work of her own will, though had capacity to work and find a suitable job for herself, not eligible for maintenance. JUDGEMENT 1. The petitioner […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Inst.Of Chartered Accountants Of … vs Vimal Kumar Surana & Anr on 1 December, 2010 Law Point: Matters can be remitted back to lower courts for fresh consideration in the interest of justice. JUDGEMENT 1. Leave granted. 2. The question which arises […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Pankaj Kumar vs State Of Maharashtra & Ors on 11 July, 2008 Law Point: Right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. JUDGEMENT Leave granted. 2. This appeal arises from the final judgment and order […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015 Law Point: Affidavit must for complaint u/s 156(3) including matrimonial cases. JUDGEMENT The present appeal projects and frescoes a scenario which is not only disturbing but […]
Court: Delhi District Court Bench: Sh. Inderjeet Singh Manish Kapoor vs Charu Kapoor on 28 August, 2010 Law Point: Trial court ordered residence rights in the property of father, Session court overturned. Landmark Judgement in DV. JUDGEMENT 1.1 (Introduction) – The respondent Smt. Charu Kapoor filed an application under section 12 of Protection of […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, Aftab Alam Chaturbhuj vs Sita Bai on 27 November, 2007 Law Point: Expression “unable to maintain herself” did not mean that wife must be absolutely destitute before she could apply for maintenance under Section 125 Cr.P.C JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is […]