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: Bombay High Court Bench: JUSTICE Shah & Kanade Bajirao Raghoba Tambar Vs. Tolanbai and Another on 1 MARCH 1979 Law Point: Criminal Procedure Code, S. 125 and Hindu Marriage Act, Ss. 5, 11 and 25 — Second Marriage null and void and parties have no status of husband and — wife though not declared […]
Court: Supreme Court Of India Bench: JUSTICE Dr. A.S. Anand & Faizan Uddin Kirtikant D. Vadodaria Vs. State Of Gujarat & Anr. On 26 April 1996 Law Point: Maintenance of stepmother –– Object and purpose of Section 125 –– Wife, child and parents should not be left in helpless state of distress, destitution and starvation […]
Court: Calcutta High Court Bench: JUSTICE Sadhan Kumar Gupta Saibal Dey Vs. Chaitali Dey & Anr. On 11 May 2006 Law Point: Even in ex parte order it is duty of Court to give proper reasoning as to why such fabulous amount of maintenance as well as litigation cost awarded in favour of wife although […]
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: Madras High Court Bench: JUSTICE S.R. Pandian S.S. Manickam Vs. Arputha Bhavani Rajam On 21 February 1979 Law Point: Wife loses her right to obtain maintenance as per strict letters of Section 125 of Cr.P.C, when she was leading adulterous life. JUDGEMENT 1. By this revision petition, the respondent in M. C. No. 390 […]
Court: Gujarat High Court Bench: JUSTICE J.B. Pardiwala Nitaben Dineshkumar Oza Vs. Dineshkumar Ishwarlal Oza & Anr. On 18 March 2016 Law Point: If a child whether legitimate or illegitimate has attained majority as per Majority Act, 1975 and not suffering from any physical or mental abnormality or injury, thereby unable to maintain itself would […]
Court: Karnataka High Court Bench: JUSTICE M.S. Nesargi Abdulmunaf Vs. Salima on 29 May 1978 Law Point: Wife is capable of earning in view of her being a normal healthy person and educated up to SSLC. Refusal to earning by such wife may be taken into consideration while considering the quantum of maintenance. JUDGEMENT 1. […]
Court: Karnataka High Court Bench: JUSTICE J.B. Garg Veerashetty and Ors. vs. Suresh On 13 April 2017 Law Point: SECTION 125-Claim for maintenance by an aged father against his two sons-Order passed by the Family Court directing the petitioners/sons to pay maintenance to the respondent/father-Revision against-Sacrosanct duty of children to maintain their parents. JUDGEMENT 1. […]
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: Bombay High Court Bench: JUSTICE Sharad Manohar Mohammed Sharif Vs. Raisa Begum and Another On 26 July 1985 Law Point: Wife not entitled to maintenance as she was in wrong as all efforts to reconcile proved futile by the husband. JUDGEMENT 1. A question of quite some importance is raised by Mr. Kadar in […]