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: Delhi High Court Bench: JUSTICE Pratibha Rani Damanpreet Kaur vs Indermeet Juneja & Anr. on 14 May, 2012 Law Point: Well educated lady earning well earlier and had chosen not to work of her own will, though had capacity to work and find a suitable job for herself, not eligible for maintenance. JUDGEMENT 1. The petitioner […]
Court: Supreme Court of India Bench: G.S. Singhvi, Asok Kumar Ganguly Inst.Of Chartered Accountants Of … vs Vimal Kumar Surana & Anr on 1 December, 2010 Law Point: Matters can be remitted back to lower courts for fresh consideration in the interest of justice. JUDGEMENT 1. Leave granted. 2. The question which arises […]
Court: Supreme Court of India Bench: C.K. Thakker, D.K. Jain Pankaj Kumar vs State Of Maharashtra & Ors on 11 July, 2008 Law Point: Right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. JUDGEMENT Leave granted. 2. This appeal arises from the final judgment and order […]
Court: Supreme Court of India Equivalent citations: 1993 SCR (3) 954, 1993 SCC (3) 406 Bench: Punchhi, M.M. Smt. Chand Dhawan vs Jawaharlal Dhawan on 11 June, 1993 Law Point: Pendente Lite till Pendency of Trial; Pemanent Alimony only if Decree is passed JUDGEMENT CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2653-54 of 1991. From the […]
Court: Supreme Court of India Bench: Dipak Misra, Prafulla C. Pant Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015 Law Point: Affidavit must for complaint u/s 156(3) including matrimonial cases. JUDGEMENT The present appeal projects and frescoes a scenario which is not only disturbing but […]
Court: Orissa High Court Bench: S Mohapatra Binayak Chandra Pady vs Kamala Padhy Alias Padhiani on 7 May, 1986 Law Point: Effect of non payment of maintenance arrears in HMA 24 JUDGEMENT 1. This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, […]
Court: Calcutta High Court Equivalent citations: AIR 1987 Cal 153, 90 CWN 1060 Bench: A M Bhattacharjee, S Chakravarty Ashit Mukherjee vs Smt. Susmita Mukherjee (Nee Roy) … on 13 May, 1986 Law Point: Maintenance pendente lite- Income of parties- Failure of court to take into consideration such income- Affidavit in support of application […]
Court: Delhi District Court Bench: Sh. Inderjeet Singh Manish Kapoor vs Charu Kapoor on 28 August, 2010 Law Point: Trial court ordered residence rights in the property of father, Session court overturned. Landmark Judgement in DV. JUDGEMENT 1.1 (Introduction) – The respondent Smt. Charu Kapoor filed an application under section 12 of Protection of […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, Aftab Alam Chaturbhuj vs Sita Bai on 27 November, 2007 Law Point: Expression “unable to maintain herself” did not mean that wife must be absolutely destitute before she could apply for maintenance under Section 125 Cr.P.C JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is […]
Court: Supreme Court of India Bench: JUSTICES P. Sathasivam & B.S. Chauhan Vinny Parmar vs Paramvir Parmar on 20 July, 2011 Law Point: Court to consider status of parties, their respective needs, capacity of husband to pay, having regard to reasonable expenses for his own maintenance and other legal obligations JUDGEMENT 24.04.2009 passed by the […]