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-Haryana High Court Bench: JUSTICE V.M. Jain GOPI Vs. SMT. KRISHNA On 27 August 2001 Law Point: Child Born to Wife Long After Divorce : Child is Illegitimate Child of Wife not Entitled to Maintenance. JUDGEMENT This is a petition under Section 482, Cr.P.C., challenging the order dated 10.2.1999, passed by the Judicial Magistrate and […]
Court: Orissa High Court Bench: JUSTICE R.N. Biswal Babuli @ Rajkishore Rana Vs. Prasanti @ Purnamasi Rana & Anr. On 7 July 2007 Law Point: No specific instances of ill-treatment to Wife by Husband. No evidence to show that Wife apprehended danger to her life if she would live with her husband. Maintenance order against […]
Court: Madhya Pradesh High Court Bench: JUSTICE Narain Singh “Azad” Radheshyam Vs. Smt. Phoolwati On 7 February 2002 Law Point: If there is Compromise between Parties the Recovery Proceedings Deserve to be Dropped. JUDGEMENT 1. Arguments heard. By order dated 8th December, 1995, Shri B.C. Mallaiya, J.M.F.C. Bhopal, granted maintenance to respondent in M.Cr.C. No. […]
Court: Karnataka High Court Bench: JUSTICE S.B. Majage Subhaschandra Vs. Indubai & Anr. On 3 February 2004 Law Point: Daughter-in-law as well as Grandson cannot claim maintenance from father in Law and Grandfather under Section 125 of the Criminal Procedure Code. JUDGEMENT 1. The petitioner, who was respondent in Cri. Misc. No. 12 of 2002 […]
Court: Bombay High Court Bench: JUSTICE T.K. Chandrashekhara Das Sushilabai Vs. Ravan Elji Patil & Anr. On 27.8.1998 Law Point: Once a Consolidated Amount is agreed upon and paid by the Husband, The Wife Cannot Claim Periodical Maintenance. JUDGEMENT 1. This petition is filed by the petitioner/wife for maintenance under Section 125 of the Criminal […]
Court: Madras High Court Bench: JUSTICE Pratap Singh S. Ragendran Vs. Revathy On 15 March 1993 Law Point: Order of maintenance made — Matter compromised — Lived together for some time. Cannot execute the order of maintenance — No order of cancellation. JUDGEMENT 1. The respondent in C.M.P. No. 1100/92 on the file of Judl. […]
Court: Andhra Pradesh High Court Bench: JUSTICE K.G. Shankar Duggi Veerappa Vs. D. Maheswari & Anr. On 21 December 2011 Law Point: Daughter-in-law cannot claim maintenance from her father-in-law under Section 125. Indeed, lady would be entitled to maintenance if any in share of property of her late husband. JUDGEMENT 1. The petitioner seeks to […]
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 […]