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: Bombay High Court Bench: JUSTICE D.B. Deshpande Riyasatbi Shaikh Jani And Another Vs. Shaikh Jani Shaikh Kasam And Another On 8 December 1981 Law Point: Wife not entitled to maintenance as she has not led any evidence to show that husband refused or neglected to maintain her. JUDGEMENT 1. Both these criminal revision applications […]
Court: High Court Of Calcutta Bench: JUSTICES M.K. Mukherjee and A.K. Nandi Md. Jahangir Khan Vs. Manoara Bibi On 22 March 1991 Law Point: “Future salary not being a tangible corporeal property cannot be attached for arrears of maintenance.” JUDGEMENT 1. This is a reference by a learned single Judge of this Court. A simple […]
Court: Gujarat High Court Bench: JUSTICE R.M. Doshit Karodiben & Ors. Vs. Rajubhai Mahendra Singh & Ors. & ORS. On 24 January 1997 Law Point: Section 125 — Maintenance — Claim against or by brothers or sisters — Not maintainable. JUDGEMENT 1. The petitioners herein are the mother and the two minor sons who have […]
Court:HIGH COURT OF GAUHATI Bench: JUSTICE R.K. Manisana Singh Sri Santi Ram Sarma vs. Smt. Kanaklata Devi On 03 June 1993 Law Point: Section 125 – Held, records of the case including the judgment does not show that the petitioner had an opportunity of being heard on the question of enhancement of maintenance allowance – […]
Court: Gauhati High Court Bench: JUSTICE B.B. Deb Subal Chandra Saha Vs. Pritikana Saha On 17 February 2003 Law Point: Section 125(4) — Maintenance : Adultery : Wife-respondent living together with another man in rented house as husband and wife till they were apprehended by police from that house : Their intention to continue in […]
Court: High Court Of Calcutta Bench: JUSTICE G.R. Bhattacharjee Shibsankar Samanta Vs. Sobhana Samanta On 18 March 1992 Law Point: Maintenance – Reversal of order – Section 125, Criminal Procedure Code, 1973 (Cr.P.C.) – Sessions Judge reversed findings of Magistrate and held that there was marriage between parties and they resided together as husband and […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ashutosh Mohunta Ravinder Kumar Vs. Smt. Sunita & Anr. On 21 May 2002 Law Point: Sections 125(4), 482 — Maintenance: Adultery: Wife Living in Adultery not Entitled to Receive any Allowance from her Husband: Order Passed by Judicial Magistrate, 1st Class Quashed. JUDGEMENT 1. This is a […]
Court: Calcutta High Court Bench: JUSTICE Gitesh Ranjan Bhattacharjee Asit Kumar Barman Vs. Radha Barman @ Bauri On 22 January 1993 Law Point: Section 125 — Sessions Judge granted maintenance after revising the order of Judicial Magistrate — Discrepancy between evidence and original case about time and place — Difference between social and educational level […]
Court: Bombay High Court Bench: JUSTICE V.P. Tipnis Lekhraj Chunilal Jaisingh Vs. Komal @ Anita & Ors. On 4 March 1994 Law Point: Secs. 482, 125 — Quashing Proceedings — Maintenance proceedings — Husband directed lo deposited 75,000/ — Full and final settlement — Whether proceedings liable to be quashed ? — (Yes). JUDGEMENT By […]
Court: Jharkhand High Court Bench: JUSTICE D.G.R. Patnaik Sukro Devi Vs. State Of Jharkhand & Anr. On 19 June 2007 Law Point: Section 125(4) — Maintenance — Adultery — Both Courts below recorded findings of fact and assigned adequate grounds for such findings — Facts of case suggest it was not isolated or solitary instance […]