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: Gauhati High Court Bench: JUSTICE Amitava Roy Abdul Malik Vs. Nashim Akhtar On 4 December 2008 Law Point: Intention and element of permanence construed to be determining factors to identify place to be one of residence of person for purpose of Section 126 CPC. JUDGEMENT 1. The order dated 14.6.2007 and 6.9.2007 passed by […]
Court: Allahabad High Court Bench: JUSTICE Vijay Kumar Verma Amod Kumar Srivastava Vs. State Of U.p. & Ors. On 23 May 2008 Law Point: Grant of maintenance to daughters after attaining majority not permissible since their inability to maintain themselves cannot be attributed to any physical or mental abnormality or injury within meaning of Section […]
Court: Calcutta High Court Bench: JUSTICE Malay Kumar Basu Nitha Ranjan Chakraborty Vs. Smt. Kalpana Chakraborty Law Point: Major Son not entitled to maintenance. JUDGEMENT 1. This revisional application is directed against the judgment and order dated 24th August, 2001 passed by the learned Additional Sessions Judge, 6th Court, Alipore in its revisional jurisdiction in […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]