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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

No Maintenance to Adulterous Wife even in CrPC 125

Bombay High Court JUSTICE K.L. Wadane Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse & Anr. On 8 February 2018 Law Point: Divorce granted in favour of petitioner-husband — Order of Civil Court attained finality — Question of ‘adultery’ finally determined by Civil Court and that finding confirmed by first Appellate Court and this Court in […]

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Sanjeev Kumar Agarwal Vs. Rashmi Agarwal & Anr.

Court: Allahabad High Court Bench: JUSTICE Vijay Lakshmi Sanjeev Kumar Agarwal Vs. Rashmi Agarwal & Anr. On 9 May 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 22 — Criminal Procedure Code, 1973 — Section 125 — Domestic Violence — Compensation orders — Justification — Wife had not moved […]

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Maintenance Order Gained Using Fraud to be Set Aside

Rajasthan High Court JUSTICE R.S. Chauhan Rafique Mohammed Vs. Anisa & Ors. On 18 March 2013 Law Point: Grant to second child — Second application by wife not maintainable qua wife — Respondent-wife hidden the fact that she had filed application under Section 125, Cr.P.C. on 12.6.1998 and was granted maintenance for Iddat period from […]

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Factum of Marriage Not Proved – No Maintenance

Gauhati High Court JUSTICE Mir Alfaz Ali Mantush Choudhary @ Mantu Choudhary Vs. State Of Assam & Anr. On 15 February 2018 Law Point: Factum of marriage as claimed by respondent, having found improbable and absurd negating marital relationship between parties — No maintenance could be granted under Section 125, Cr.P.C. — In view of […]

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Nihal Singh (Dr.) Vs. Dr. Priyanka Singh Badaliya Baby Harsha

[vc_column_text pb_margin_bottom=”no” pb_border_bottom=”no” width=”3/4″ el_position=”first”] Court: Delhi High Court Bench: JUSTICE I.S. Mehta Nihal Singh (Dr.) Vs. Dr. Priyanka Singh Badaliya Baby Harsha On 11 Oct 2017 Law Point:Protection of Women from Domestic Violence Act, 2005 — Section 12 — Criminal Procedure Code, 1973 — Sections 397, 401 — Maintenance — Award of — Statutory […]

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Wife Hiding Income Dis-entitle her from Claiming Maintenance

Gauhati High Court JUSTICE Kalyan Rai Surana Shilpa Agarwalla Vs. Naveen Tayal On 2 August 2017 Law Point: To provide immediate relief to spouse unable to support or maintain himself/herself — Withholding of income — Adverse presumption — Wife ill and to take care of minor daughter — When petitioner-wife filed petition for maintenance, she […]

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Second wife will not be entitled to maintenance

Punjab and Haryana High Court JUSTICE Jaishree Thakur Raj Rani & Anr. Vs. Om Kumar Kaushik On 14 February 2018 Law Point: Hindu lady who married after coming into force of Hindu Marriage Act, 1955, with person who had living lawfully wedded wife, cannot be treated to be legally wedded wife — Petitioner being second […]

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Wife Owns Property Maintenance Reduced

Madhya Pradesh High Court JUSTICE Sujoy Paul Deepak Katakwar Vs. Anita Katakwar On 9 August 2017 Law Point: Revenue entry shows piece of land is owned by two persons — Amount of Rs. 4,000 p.m. may be reduced to Rs. 2,000 p.m. — Respondent-wife has not rebutted contention that in addition she is getting Rs. […]

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Failure to Prove Marriage – No Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Bula Roy Vs. State Of Jharkhand & Anr. On 16 July 2014 Law Point: Failure of wife to prove her marriage with husband-OP No. 2 — Witnesses examined by petitioner have not proved rituals of marriage — No relative of petitioner examined — On the other hand, OP No. […]

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Respondent not Biological Father Can not be saddled with Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Satrughan Baske Vs. Silsia Kerketta & Anr. On 25 March 2014 Law Point: That OP No. 2 is son born to petitioner and OP No. 1 — No cogent evidence that petitioner is biological father of OP No. 2 — Impugned order passed by Courts below directing petitioner to […]

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