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: MADHYA PRADESH HIGH COURT Bench: JUSTICE V.K. Agrawal Kuntibai Vs. Alakhram On 21 April 1998 Law Point: Section 125 — Maintenance: Refusal: Wife had Sufficient Means to Maintain Herself — Besides long delay in filing an application, Courts below found petitioner/wife had no justification for living separately from her husband — She had sufficient […]
Court: Bombay High Court Bench: JUSTICE D.B. Deshpande Riyasatbi Shaikh Jani And Another Vs. Shaikh Jani Shaikh Kasam And Another On 8 December 1981 Law Point: Wife not entitled to maintenance as she has not led any evidence to show that husband refused or neglected to maintain her. JUDGEMENT 1. Both these criminal revision applications […]
Court: High Court Of Calcutta Bench: JUSTICES M.K. Mukherjee and A.K. Nandi Md. Jahangir Khan Vs. Manoara Bibi On 22 March 1991 Law Point: “Future salary not being a tangible corporeal property cannot be attached for arrears of maintenance.” JUDGEMENT 1. This is a reference by a learned single Judge of this Court. A simple […]
Court: Gujarat High Court Bench: JUSTICE R.M. Doshit Karodiben & Ors. Vs. Rajubhai Mahendra Singh & Ors. & ORS. On 24 January 1997 Law Point: Section 125 — Maintenance — Claim against or by brothers or sisters — Not maintainable. JUDGEMENT 1. The petitioners herein are the mother and the two minor sons who have […]
Court: High Court Of Allahabad Bench: JUSTICE Amitava Lala and Pankaj Mithal Kishore Kumar Trivedi Vs. Kiran On 05 April 2007 Law Point: Hindu Adoptions and Maintenance Act, 1956 – Section 18- When marital status affected or disrupted by decree under one law-Respondent, cannot got ancillary or incidental relief by way of subsequent suit or […]
Court:HIGH COURT OF GAUHATI Bench: JUSTICE R.K. Manisana Singh Sri Santi Ram Sarma vs. Smt. Kanaklata Devi On 03 June 1993 Law Point: Section 125 – Held, records of the case including the judgment does not show that the petitioner had an opportunity of being heard on the question of enhancement of maintenance allowance – […]
Court: Gauhati High Court Bench: JUSTICE B.B. Deb Subal Chandra Saha Vs. Pritikana Saha On 17 February 2003 Law Point: Section 125(4) — Maintenance : Adultery : Wife-respondent living together with another man in rented house as husband and wife till they were apprehended by police from that house : Their intention to continue in […]
Court: High Court Of Calcutta Bench: JUSTICE G.R. Bhattacharjee Shibsankar Samanta Vs. Sobhana Samanta On 18 March 1992 Law Point: Maintenance – Reversal of order – Section 125, Criminal Procedure Code, 1973 (Cr.P.C.) – Sessions Judge reversed findings of Magistrate and held that there was marriage between parties and they resided together as husband and […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ashutosh Mohunta Ravinder Kumar Vs. Smt. Sunita & Anr. On 21 May 2002 Law Point: Sections 125(4), 482 — Maintenance: Adultery: Wife Living in Adultery not Entitled to Receive any Allowance from her Husband: Order Passed by Judicial Magistrate, 1st Class Quashed. JUDGEMENT 1. This is a […]
Court: Calcutta High Court Bench: JUSTICE Gitesh Ranjan Bhattacharjee Asit Kumar Barman Vs. Radha Barman @ Bauri On 22 January 1993 Law Point: Section 125 — Sessions Judge granted maintenance after revising the order of Judicial Magistrate — Discrepancy between evidence and original case about time and place — Difference between social and educational level […]