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: High Court of Delhi Bench: JUSTICE Kailash Gambhir Manish Tandon & Ors. vs State & Anr. on 12 October, 2009 Law Point: Jurisdiction explained for DV. DV can be filed anywhere JUDGEMENT 1. By way of the present petition filed under Section 482 Code of Criminal Procedure, 1973 petitioners seeks quashing of complaint case […]
Court: Gujarat High Court Bench: JUSTICE Akil Kureshi Hemlataben vs State on 21 October, 2010 Law Point: No Multiple maintenance Claims by wife in matrimonial proceedings JUDGEMENT Petitioner is wife of the respondent No.2. She has challenged the order dated 25th August 2010 passed by the learned Additional Sessions Judge, Ahmedabad allowing the appeal of the […]
Court: Madras High Court Bench: JUSTICE K.N.BASHA Tmt.Indira vs N.Kannan on 28 February, 2007 Law Point: Family court order set aside on Jurisdiction JUDGEMENT The petitioners have come forward with this petition challenging the order of the dismissal of the maintenance petition filed by the petitioners in M.C.No.22 of 2002 by the learned Judge, Family Court, […]
Court: Supreme Court of India Bench: D.P. Wadhwa, M.B. Shah Padmja Sharma vs Ratan Lal Sharma on 28 March, 2000 Law Point: Liability of maintenance of children is co-extensive. Proportional contribution by both parents. JUDGEMENT Appellant, the wife, whose marriage with the respondent has since been dissolved by decree of divorce on the ground of […]
Court: High Court of Delhi Bench: JUSTICE Shiv Narayan Dhingra Neetu Mittal vs Kanta Mittal And Ors on 30 September, 2008 Law Point: There is no legal liability on the parents to continue to support a disobedient son or a son which becomes a liability on them or a son who disrespects or disregards them […]
Court: Kerala High Court Bench: JUSTICE M. Sasidharan Nambiar Shanavas vs Raseena on 10 December, 2010 Law Point: NBW cannot be issued for non payment of maintenance under section 23(1) of DV act JUDGEMENT First respondent, through her mother, filed petition under Section 12 of Protection of Women from Domestic Violence Act before Judicial First Class Magistrate’s Court-II, […]
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: Markandey Katju, Gyan Sudha Misra Manoj Yadav vs Pushpa @ Kiran Yadav on 11 January, 2011 Law Point: All State Amendments in Sec. 125 are invalid JUDGEMENT Heard learned counsel for the parties. We also wish to express our appreciation of Ms. Kamini Jaiswal, learned counsel, whom we had […]
Court: Heigh Court of Delhi Bench: JUSTICE Pradeep Nandrajog Alok Kumar Jain vs Purnima Jain on 17-04-2007 Law Point: Factors for awarding Interim Maintenace under section 24 Hindu Marriage Act JUDGEMENT 1. Alok Kumar Jain was married to Ms.Purnima Jain at New Delhi. They were blessed with 2 daughters. 2. Alok Kumar Jain was employed […]
Court: Delhi District Court Bench: MS. Pooja Talwar Daman Reet Kaur Vs. Indermeet Singh Juneja on 18.11.2010 Law Point: Employable wife not entitled to maintenance. JUDGEMENT 1. I shall dispose of an application filed for interim maintenance under Section 23 Protection of Women under Domestic Violence Act, (henceforth referred to as the […]