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
Maintenance is a noun that, in legal parlance, means the amount provided to distressed wives, children, or parents for their upkeep, support, or subsistence. This is a benevolent provision of law, as the law says that no person shall leave his wife, children or old parents at the mercy of others and unattended by him; […]
KERELA HIGH COURT JUSTICE Pius C. Kuriakose & Babu Mathew P. Joseph Rajesh R. Nair Vs. Meera Babu On 5 March 2013 Law Point: Wife living separately from husband, by mutual consent — Claim for maintenance and interim maintenance filed by wife hit by Section 125(4), Cr.P.C. — Claims not maintainable. JUDGEMENT This Original Petition […]
Rajasthan High Court JUSTICE Vijay Kumar Vyas Mukesh Vs. Sangeeta On 25 July 2017 Law Point: Parties legally married to each other and respondent-wife not able to maintain herself — Respondent-wife willingly left petitioner-husband and living with some other person alleged to be her new husband — Courts below did not consider matter in right […]
Court: Delhi High Court Bench: JUSTICE I.S. Mehta Avinash Chandra Arora Vs. Anita Arora & Anr. On 21 March 2017 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 23, 29 — Interim Maintenance — Residential accommodation — Husband has no objection to payment of interim monthly maintenance of Rs. 5,000/- […]
Court: Orissa High Court Bench: JUSTICE Biswanath Rath Bhavin Shah Vs. Sapna Shah On 8 January 2016 Law Point: Wife in enjoyment of maintenance from two Courts — Not permissible in law — Grant of interim maintenance in favour of wife by another competent Court of Law — This fact brought to notice of Family […]
Court: Madras High Court Bench: JUSTICE M. Venugopal P.K. Nagarajan @ Meenakshisundaram Vs. N. Jeyarani & Ors. On 30 January 2014 Law Point: Revision petitioner/husband and 1st respondent/wife have not adduced any oral and documentary evidence to substantiate their averments and counter averments — Order relating to maintenance claim and Residential protection order passed by […]
DELHI HIGH COURT JUSTICE Pradeep Nandrajog, J. & Pratibha Rani RUPALI GUPTA Vs. RAJAT GUPTA On 5 September 2016 Law Point: Denial to wife, qualified CA, having sufficient means to maintain herself — Appellant- wife working in that capacity since 2003 cannot be expected to earn only Rs. 7,000/- p.m. which is below minimum wages […]
Bombay High Court JUSTICE R.M. Savant Deepak L. Bhandare Vs. Durga Deepak Bhandare & Anr. On 23 September 2013 Law Point: Trial Court fixed interim maintenance @ Rs. 5,000 per month as personal expenses for wife and Rs. 7,000 per month for the personal and school expenses of daughter — Trial Court assumed income of […]
Supreme Court of India JUSTICE Tarun Chatterjee & V.S. Sirpurkar Anupam Gupta Vs. Sumeet Gupta On 19 November 2008 Law Point: Production of additional evidence — Directions for producing additional evidence with directions to appellant to pay maintenance to respondent @ Rs. 35,000/- p.m. and clear arrears within two weeks unsustainable — Impugned order set […]
Allahabad High Court JUSTICE R.D. Khare Mohd. Akhtar Siddiqui @ Babar Vs. State Of U.P. & Ors. On 10 September 2009 Law Point: Amendment application amending amount claimed in proceedings under Section 125, Cr.P.C. — Not permissible in law — Impugned order passed on amendment application unsustainable in eyes of law and set aside. JUDGEMENT […]