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: Orissa High Court Bench: JUSTICE P.K. Tripathy Smt. Dhani Nayak & Ors. Vs. Sanakara Nayak On 24 February 2003 Law Point: Section 125(3) Proviso — Maintenance : Quantum : Period of limitation : Commencement : Discussed. JUDGEMENT 1. Heard. 2. Both the criminal revisions are heard analogously being against the common impugned order and […]
Court: Karnataka High Court Bench: JUSTICE B.N. Mallikarjuna Malayaiah Vs. G.s. Vasantha Lakshmi & Ors. On 12 August 1996 Law Point: No maintenance if separation by mutual consent –– Wife living separately from her husband by consent –– Cannot enforce her right and ask for maintenance u/Section 125, Cr.P.C. JUDGEMENT 1. This revision is by […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Popat Kashinath Bodke Vs. Kamalabai Popat Bodke & Ors. On 6 February 2003 Law Point: Maintenance : Parties residing separately by mutual consent by relinquishment deed : In view of Section 125(4), Cr.P.C. wife would not be having right to claim alimony from husband after date of […]
Court: High Court Of Kerala Bench: JUSTICE J.B. Garg Mohandas Panicker P. Vs. K.K. Dakshayani and Another On 20 December 2013 Law Point: When wife is living in adultery, she is not entitled to get any amount towards maintenance. JUDGEMENT 1. This appeal is filed against the order passed by the Family Court, Kozhikode in […]
Court: Calcutta High Court Bench: JUSTICE Ashis Baran Mukherjee Rampada Biswas Vs. Dolly Mitra & Ors. On 22 December 1997 Law Point: Maintenance : West Bengal Amendment : Retrospective Recourse : Sufficient Ground to Be Given — Award of maintenance passed on 24.8.1994 — Such order to be prospective — If Trial Court intends to […]
Court: Delhi High Court Bench: JUSTICE Veena Birbal Shakuntala Vs. Shivji On 9 September 2013 Law Point: No material placed on record by petitioner/wife that salary of respondent/husband is much more or that father of respondent is not dependent upon him — Even salary certificate on record shows lesser income — Findings given in impugned […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Kamla Devi Vs. Rajmal Singh On 13 May 1994 Law Point: Apart from maintaining himself husband is taking care of aged father and younger brother — Petitioner wife has no responsibility on her shoulders — It is not the case of petitioner that respondent is having luxuries […]
Court: Allahabad High Court Bench: JUSTICE Bharat Bhushan Rekha Rani Vs. State Of U.P. & Anr On 14 August 2013 Law Point: Section 125 — Maintenance — Enhancement of amount — Claim not maintainable — Revisionist-wife failed to give any evidence to support her claim. It would not be proper for this Court to speculate […]
Court: Rajasthan High Court Bench: JUSTICE Sunil Kumar Garg Harish Kumar Vs. Manju On 28 May 2004 Law Point: Adjustment of Amount : Amount paid by petitioner husband to respondent wife towards her maintenance in pursuance of order passed by ADJ under Section 24, Hindu Marriage Act liable to be adjusted against amount payable under […]
Court: Allahabad High Court Bench: JUSTICE M.K. Mittal Dilshad Haji Risal Vs. State Of U.P. On 12 September 2005 Law Point: Section 125 — Maintenance — Sentence of jail to husband is no susbstitute for recovery of amount of monthly allowance fallen in arrears. JUDGEMENT 1. This application under Section 482, Cr.P.C. has been filed […]