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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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Vinita Devangan Vs. Rakesh Kumar Devangan

Court: Chhattisgarh High Court Bench: JUSTICE Dilip Raosaheb Deshmukh Vinita Devangan Vs. Rakesh Kumar Devangan On 1 May 2009 Law Point: It is for wife to plead and prove that she was unable to maintain her for grant of maintenance in Section 125. JUDGEMENT 1. This criminal revision is directed against the order dated 20.8.2007 […]

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Kamlesh Vs. Sitaram

Court: Rajasthan High Court Bench: JUSTICE Ashok Parihar Kamlesh Vs. Sitaram 27 July 2004 Law Point: Wife not able to maintain herself : Word “maintain” used under Section 125, Criminal Procedure Code to be taken in broader sense that petitioner should be able to maintain herself decently to live comfortable life, not necessary luxurious life […]

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Yerram Vinod Vs. State Of A.P. & Ors.

Court: Andhra Pradesh High Court Bench: JUSTICE A. Gopal Reddy Yerram Vinod Vs. State Of A.P. & Ors. On 20 January 2011 Law Point: Major children who through some mental or corporal defect or injury are unable to maintain themselves are entitled to maintenance under Section 125(1)(c). JUDGEMENT 1. This Criminal Petition under Section 482 […]

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Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr.

Court: Gujarat High Court Bench: JUSTICE D.H. Waghela Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr. On 9 November 2006 Law Point: Maintenance to Daughter unjustified. Child born during period of wedlock but without father having access to wife at relevant time. Daughter could not, in the eye of law, have […]

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Merubhai Mandanbhai Odedara & Anr. Vs. Raniben Merubhai Odedara

Court: Gujarat High Court Bench: JUSTICE S.K. Keshote Merubhai Mandanbhai Odedara & Anr. Vs. Raniben Merubhai Odedara On 16 March 2000 Law Point: Maintenance-Quantum Fixation according to income. JUDGEMENT 1. The respondent filed Misc. Civil Application No. 66 of 1999 under Sections 18 and 20 of Hindu Adoption and Maintenance Act in the Court of […]

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Saju Sasidharan Vs. Dhanya & Anr.

Court: Kerala High Court Bench: JUSTICES K.T. Sankaran & M.L. Joseph Francis Saju Sasidharan Vs. Dhanya & Anr. on 7 August 2012 Law Point: Maintenance pendente lite — Oral request for such relief cannot be entertained by Family Court — Order passed by Family Court granting interim maintenance set aside. JUDGEMENT 1. The question involved […]

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In Re : Md. Jahangir

Court: Calcutta High Court Bench: JUSTICE D.P. Sengupta In Re : Md. Jahangir Law Point: Maintenance : Magistrate not permitted to impose sentence for more than one month : Impugned order of Magistrate refusing to release husband /petitioner illegal and same set aside. JUDGEMENT 1. In the present application under Section 401 read with Section […]

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Palaniammal Vs. K. Chinnusamy

Court: Madras High Court Bench: JUSTICE Janarthanam Palaniammal vs K. Chinnusamy on 27 August 1994 Law Point: Lump-sum payment evidenced by a deed. Husband’s obligation to maintain discharged. JUDGEMENT 1. The petitioner is the wife, while the respondent is the husband. The wife instituted proceedings claiming maintenance for herself under Section 125 of the Code […]

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Alora Sundaran Vs. Mammali Sumathi & Anr.

Court: Kerala High Court Bench: JUSTICE R. Basant Alora Sundaran Vs. Mammali Sumathi & Anr. On 6 July 2006 Law Point: Magistrate has power to sentence Husband for not more than 1 month if there is default in payment of maintenance. JUDGEMENT 1. Does the decision in Shahada Khatoon v. Amjad Ali, I (2000) DMC […]

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P.M. Devassia Vs. Ancy & Ors.

Court: Kerala High Court Bench: JUSTICE K.A. Abdul Gafoor P.m. Devassia Vs. Ancy & Ors. On 26 October 2006 Law Point: Civil Court liable to take into account order of maintenance competent to pass under Section 125, Cr.P.C. while considering claim for maintenance in civil suit. JUDGEMENT 1. The father is assailing the decree granting […]

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