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 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: 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: 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 […]