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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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maintenance

State Commission for Women not Empowered to Grant Maintenance

Supreme Court of India Bhabani Prasad Jena Etc vs Convenr.Sec.Orissa S.Comn.For … on 3 August, 2010 Bench: Aftab Alam, R.M. Lodha Law Point: State Commission not empowered to issue maintenance and DNA test Author: R Lodha Appellant(s) Bhabani Prasad Jena Respondent(s) Convenor Secretary, Orissa State Commission for Women & Anr. JUDGEMENT R.M. Lodha, J. Leave […]

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Once Children Attains Majority, Provisions of CrPC 125 cease

Supreme Court of India Amrendra Kumar Paul vs Maya Paul & Ors on 4 August, 2009 Bench: S.B. Sinha, Cyriac Joseph Law Point: Once children attained majority, provisions of CrPC 125 cease Author: S Sinha Appellant(s) Amarendra Kumar Paul Respondent(s) Maya Paul & Ors. JUDGEMENT 1. Leave granted. 2. Appellants herein are aggrieved by and […]

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Where successive claims for maintenance are made by a party under different statutes, Court would consider an adjustment or set-off

Court:DELHI HIGH COURT Bench: JUSTICE Sanjeev Sachdeva GAJENDER SINGH Vs. STATE (GNCT OF DELHI) & ANR. on 19 March 2020 Law Point: Where successive claims for maintenance are made by a party under different statutes, Court would consider an adjustment or set-off, of amount awarded in previous proceeding/s, while determining whether any further amount is […]

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Future Salary can not be Attached for Arrears of Maintenance

MADHYA PRADESH HIGH COURT JUSTICE B.D. Rathi ANIL JAIN Vs. SHILPA JAIN On 11 November 2014 Law Point: Future salary is not tangible corporeal property available for seizure — Only when salary became payable and takes shape of tangible corporeal property it can be attached for realization of arrear as well as current maintenance according […]

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No Maintenance to Live-In Partner under CrPC 125

JHARKHAND HIGH COURT JUSTICE D.K. Sinha Vineeta Devi Vs. Bablu Thakur & Anr. On 25 April 2011 Law Point: Statutory provision by which “wife” has been defined cannot be liberalized in terms of Section 125, Cr.PC — Statute sanctions an illegitimate child from father is entitled for maintenance but such sanction of maintenance not provided […]

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No Maintenance if Wife unable to Substantiate Allegations

Calcutta High Court JUSTICE Surya Kumar Tiwari Kumar Sankar Chakraborty Vs. Juthika Chakraborty On 6 February 1996 Law Point: Allegations of ill-treatment and neglect — Not substantiated — Wife not residing with her husband of her own accord — Maintenance granted to respondent by Magistrate — Not justified — Set aside. JUDGEMENT This petition has […]

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No Interim Maintenance if RCR Decree is in Favor

PUNJAB AND HARYANA HIGH COURT JUSTICE J.B. Garg PARMANAND MISHRA Vs. REKHA MISHRA On 13 May 1994 Law Point: Decree of restitution of conjugal rights in favour of the husband. Interim maintenance should not be endorsed. JUDGEMENT Parmanand Mishra, the husband has moved the present petition under Section 482 of the Code of Criminal Procedure […]

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No Maintenance to Children from First Marriage of Wife

Madhya Pradesh High Court JUSTICE Vandana Kasrekar Pradeep Jain Vs. Manjulata Jain Modi & Anr. On 5 July 2018 Law Point: Maintenance Grant of to wife and not child of another father or mother of another person Non-applicant No. 2 is daughter of Ist marriage of wife non-applicant No. 1 and not of applicant. Family […]

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No Maintenance to Wife Living with Some Other Man

Rajasthan High Court JUSTICE Vijay Kumar Vyas Mukesh Vs. Sangeeta On 25 July 2017 Law Point: Parties legally married to each other and respondent-wife not able to maintain herself — Respondent-wife willingly left petitioner-husband and living with some other person alleged to be her new husband — Courts below did not consider matter in right […]

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Husband and Wife to Contribute For Maintenance of Child

Bombay High Court JUSTICE Bharati H. Dangre Sumit Vijay Kumar Vs. Shraddha Gupta Jain On 13 April 2018 Law Point: Family Court has considered earning capacity of husband and wife and also liabilities borne by them — Court has considered bank statement of husband which was placed on record and also referred to certain credit […]

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