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 Gulab C. Gupta and Thinkkachalam K.V. Prabakaran Vs. Maheswaran On 27 June 1994 Law Point: Art. 226 — Habeas Corpus — Custody — Girl aged 17 years — Kidnapped by the second respondent from the school — Denied by the girl — Marriage — Husband, natural guardian of minor […]
Court: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul & Ajit Bharihoke Aviral Mittal Vs. State & Anr. On 7 August 2009 Law Point: In matters relating to matrimony and custody, law of place which has closest connection with well-being of spouses and welfare of offspring of marriage must govern said disputes. JUDGEMENT […]
Court:Supreme Court of India Bench: JUSTICE P. Sathasivam, B.S. Chauhan Shyamrao Maroti Korwate vs Deepak Kisanrao Tekam on 14 September 2010 Law Point: Custody of Child given to Grandfather. JUDGEMENT 1) This appeal, pertaining to the custody of a minor child, is directed against the final judgment and order dated 17.10.2007 passed by the High […]
Court: Madras High Court Bench: JUSTICE K.M. Natarajan & Maruthamuthu Vaidehi Vs. I. Gopinath On 3 February 1992 Law Point: Writ of Habeas Corpus — Jurisdiction — Marriage of parties dissolved — Husband brought the minor children with him and children are in safe custody to their father. Nothing to show that their morale of […]
Court: Andhra Pradesh High Court Bench: JUSTICE Motilal B. Naik & T. Ranga Rao Malakala Ramu @ Ramam Vs. Mammidi Gopalmurthy On 15 December 1997 Law Point: Custody of Child : Welfare of Minor : Paramount Consideration — No material to hold that interests of minor children would be jeopardised, if custody granted to their […]
Court: Punjab and Haryana High Court Bench: JUSTICE Rajesh Bindal Dalip Singh vs Suman Devi And Another on 29 May, 2009 Law Point: Moral and Ethical Values are more important than Physical Comforts. Mother denied Custody of Child JUDGEMENT This is an unfortunate case where the custody of a minor child is in dispute amongst his […]
Court: Supreme Court of India Bench: Vikramajit Sen, C. Nagappan Roxann Sharma vs Arun Sharma on 17 February, 2015 Law Point: Landmark judgment announced by SC dealing with guardianship, custody and visitation JUDGEMENT 1 Leave granted in both the Special Leave Petitions. 2 Civil Appeal of 2015 arising out of SLP(C) No.31615 of 2014 assails […]
Court: Supreme Court of India Bench: G.T.Nanavati, S.N.Phukan Santa Sharma vs Sushil Sharma on 16 February, 2000 Law Point: NRI filing Habeas Corpus in custody case JUDGEMENT This appeal is filed against the judgment and order of the High Court of Delhi in Writ Petition (Cri.) No. 656 of 1997. Sushil Sharma had filed the […]
Court: Supreme Court of India Bench: CJI R.C. Lahoti, G. P. Mathur Rajesh K. Gupta vs Ram Gopal Agarwala And Others on 28 April, 2005 Law Point: It is well settled for a writ of habeas corpus for custody of minor child, the principal consideration for the Court is to ascertain whether the custody of […]
Court: Supreme Court of India Bench: S.B. Majmudar, M. Jagannadha Rao Dhanwanti Joshi vs Madhav Unde on 4 November, 1997 Law Point: Habeas Corpus for Custody and Visitation JUDGEMENT Hon’ble Mr.Justice S.B.Majmudar Hon’ble Mr.Justice M.Jagannadha Rao In-person for the appellant Kailesh Vasdev, Adv. for the Respondent J U D G M E N T The […]