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: Andhra Pradesh High Court Bench: JUSTICE B.S. Raikote Smt. Kudupudi Lakshmi Verra Venkataratnam Vs. Kudupudi Sri Krishna Vara Prasad & Ors. Decided on 24 November 1998 Law Point: Maintenance : Husband Neglects Wife Without Reasonable Cause — Both under Section 125, Criminal Procedure Code and under Section 18, Hindu Adoptions and Maintenance Act, if […]
Court: Delhi High Court Bench: JUSTICE Sanjay Kishan Kaul Abha Arora Vs. Angela Sharma & Anr. Decided on 18 May 2007 Law Point: Any claims for residence or maintenance by Wife can only be made against her husband only. JUDGEMENT 1. The plaintiff was the absolute owner of the property bearing No. F-18 Geetanjali Enclave, […]
Court:MADHYA PRADESH HIGH COURT Bench: JUSTICE U.L. Bhat PRAMOD KAPLISH Vs. SMT. ALKA KAPLISH Decided on 3 August 1995 Law Point: Circumstances — Statement of assessable income produced by revision petitioner — Proved his income increasing over years — Added circumstance of absence of specific denial in counter — Interim maintenance — Only for future […]
Court: Madras High Court Bench: JUSTICE M. Thanikachalam Bommi & Anr. Vs. Munirathinam Decided on 28 July 2004 Law Point: When marriage itself is disputed, DNA test to check the legitimacy of child before passing maintenance award can be demanded and should be allowed. JUDGEMENT 1. The plaintiffs in O.S. No. 202 of 2001 on […]
The Ratio of This Judgement Has Been OverRuled By SupremeCourt Rupali Devi Vs. State Of Uttar Pradesh & Ors. Court: Madhya Pradesh High Court Bench: JUSTICE Indrani Datta Bharat Singh Vs. State Of M.P. on 29 September 2010 Law Point: Cruelty, dowry demand — Limitation — Computation of period — Territorial jurisdiction — Allegations with […]
Court: Supreme Court Of India Bench: JUSTICES K. Venkataswamy & S.S. Mohammed Quadri Arun Vyas & Anr. Vs. Anita Vyas on 14 May 1999 Law Point: Discharge of Accused : After Taking Cognizance of Offence but before Trial of Case by Magistrate : Not Illegal — When there is prima facie evidence or material against […]
Court: Kerala High Court Bench: JUSTICE G. Sasidharan Kuttappan Vs. Vijayamma & Ors. On 24 August 2001 Law Point: Maintenance : Non-payment : Application has to be Filed within one Year of Amount Becoming Due. JUDGEMENT 1. This petition is filed by the respondent in M.C. No. 31 of 1994 on the file of the […]
Court: High Court Of Judicature at Allahabad Bench: JUSTICE Ram Surat Ram Kapil Goyal Vs. State Of U.P. And Anr on 25.4.2016 Anil Kumar Bajpai, Adv. For the appellant G.A. For the respondent. Law Point: Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case JUDGEMENT Heard Sri Anil Kumar Bajpai for the petitioner. This […]
Court: Orissa High Court Equivalent citations: AIR 1967 Ori 163 Bench: R Das, G Misra Akasam Chinna Babu vs Akasam Parbati And Anr. on 10 January, 1967 Law Point: Permanent alimony cannot be granted to a party without a decree under the Hindu Marriage Act. JUDGEMENT 1. The plaintiff-appellant is the husband of defendant-respondent No. […]
Court: High Court Of Delhi Bench: JUSTICE Aruna Suresh Ikjot Chatwal vs Balbir Chatwal on 3 February, 2010 Law Point: Wife independent, having business and source of income, denied maintenance JUDGEMENT 1. Petitioner has filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act (hereinafter referred to as the „Act‟) seeking divorce on the […]