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: Delhi High Court Bench: JUSTICE Sunil Gaur Ravi Dutta Vs. Kiran Dutta & Anr. On 11 February 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 28, 23(2) — Interim maintenance — Non-consideration of Domestic Incident Report by trial Court — Court trying cases under D.V. Act cannot bypass mandate […]
Court: Orissa High Court Bench: JUSTICE S.C. Mohapatra Jayaram Thakra @ Jhagara Vs. Sabitri Thakra & Ors On 28 March 1991 Law Point: Section 125 — Interim Maintenance — Application for maintenance by the opp. parties — Opp. parties application for interim maintenance — Trial Court allowing interim maintenance, failure to comply, petitioner would not […]
Court: Punjab And Haryana High Court Bench: JUSTICE S.S. Grewal Gurvinder Singh Vs. Murti And Others On 15 January 1990 Law Point: Nonpayment of Interim Maintenance — Defence struck off — Order challenged — Contention that trial Court has not followed the proper procedure for recovery of maintenance as specifically provided under Sub-section (3) of […]
Court: Delhi High Court Bench: JUSTICE P.K. Bhasin Kamla Vs. Rati Ram On 28 January 2013 Law Point: Interim Maintenance – Order of Magistrate modified granting interim maintenance to wife from date of filing of application to date of service of respondent husband. JUDGEMENT 1. This petition has been filed by the petitioner-wife under Section […]
Court: Delhi High Court Bench: JUSTICE Sangita Dhingra Sehgal Omar Abdullah vs Payal Abdullah And Ors. Law Point: Interim maintenance – Not inseparable from plea of maintainability of petition – Interim maintenance can be granted only after determination of maintainability of petition u/s 125 Cr.P.C.. JUDGEMENT 1. The present petition has been filed by the […]
Court: Calcutta High Court Bench: JUSTICE J.B. Garg Shabnam Parveen Vs. State Of West Bengal & Ors. On 24 November 2017 Law Point: Interim maintenance — Widow daughter-in-law not entitled to any maintenance from her father-in-law. JUDGEMENT 1. The instant revision has been preferred by the petitioner/widow daughter-in-law of Opposite Party Nos. 2 and 5 […]
Court: Madhya Pradesh High Court Bench: JUSTICE S.L. Kochar Smt. Renu Vs. Hiralal @ Harish On 5 March 2002 Law Point: Interim Maintenance: Husband filed Sufficient Material i.e. Decree of Restitution of Conjugal Rights and Execution Proceedings: In all Proceedings, Wife did not Appear and Allege that Decree was Obtained by Fraud: Non-applicant Husband made […]
Court: Rajasthan High Court Bench: JUSTICE VIJAY KUMAR VYAS Mukesh vs Smt Sangeeta On 25 July 2017 Law Point: Wife willingly left Husband and living with some other person alleged to be her new husband. Material made available by husband enough to rebut the claim of maintenance. JUDGEMENT Learned counsel for the petitioner submits that […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Manik Chopra Vs. Priyanka Chopra On 19 May 2017 Law Point: Sections 125, 482 — Interim Maintenance — Quantum — Court to take prima facie view and not conduct roving inquiry. JUDGEMENT 1. The instant petition under Section 482, Cr.P.C. has been preferred by the petitioner to […]
Court: Orissa High Court Bench: JUSTICE P.K. Misra Balaram Dash Vs. Smt. Gijanjali Dash & Anr. On 12 July 2000 Law Point: Wife Refusing to Comply with Decree to Restitution of Conjugal Rights, Will Amount to Refusal on Part of Wife to Live with Husband Without Sufficient Cause: Wife not Entitled to Interim Maintenance. JUDGEMENT […]