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
Bombay High Court JUSTICE Abhay M. Thipsay Shabuktabano Ayyaz Inamdar & Anr. Vs. State Of Maharashtra & Anr. On 2 Sept 2013 Law Point: Neither Magistrate nor Sessions Judge made any serious effort to ascertain approximate income of respondent No. 2 on basis of evidence — Magistrate fixed amount of maintenance by holding that respondent […]
Court: BOMBAY HIGH COURT Bench: Bharati Dangre BHAGYASHRI Vs. JAGDISH & ANR. on 26 February 2022 Law Point: (i) Hindu Marriage Act, 1955 — Sections 24, 25 — Interim maintenance — Entitlement — Till disposal of main proceedings filed by husband claiming permanent alimony — Petitioner-wife submitted that since marriage between petitioner and respondent dissolved by […]
Bombay High Court JUSTICE P.D. Kode Nishant Vs. Sonia On 27 August 2013 Law Point: Default in appearance occurred on part of applicant i.e. failure of Advocate to inform about date — Such an opportunity deserves to be given for serving ends of justice — Proceedings are prolonged since the year 2011, orders of interim […]
DELHI HIGH COURT JUSTICE Pradeep Nandrajog, J. & Pratibha Rani RUPALI GUPTA Vs. RAJAT GUPTA On 5 September 2016 Law Point: Denial to wife, qualified CA, having sufficient means to maintain herself — Appellant- wife working in that capacity since 2003 cannot be expected to earn only Rs. 7,000/- p.m. which is below minimum wages […]
Sikkim High Court JUSTICE Sunil Kumar Sinha Shiva Kumar Pradhan Vs. Meena Rawat & Anr. On 1 Dec 2015 Law Point: Legitimate or illegitimate child, who has attained majority, not physically or mentally abnormal, not entitled to receive maintenance JUDGEMENT 1. This Petition is directed against the Order dated 30.06.2015 passed by the Family Court, […]
Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]
Uttarakhand High Court JUSTICE Prafulla C. Pant S. Vishwanathan Vs. Pushpa On 10 June 2010 Law Point: Ex parte order without getting notices served on revisionist as required under Section 13 of Act read with Rule 12 — Magistrate is directed to pass fresh orders after hearing parties — Impugned order set aside. JUDGEMENT 1. […]
Bombay High Court JUSTICE R.M. Savant Deepak L. Bhandare Vs. Durga Deepak Bhandare & Anr. On 23 September 2013 Law Point: Trial Court fixed interim maintenance @ Rs. 5,000 per month as personal expenses for wife and Rs. 7,000 per month for the personal and school expenses of daughter — Trial Court assumed income of […]
Karnataka High Court JUSTICE S. Venkataraman M. Ravishankar Vs. R. Pushpa On 26 November 1996 Law Point: Loans such as F.A., L.I.C. premium, P.F. loan, etc. not to be taken into account — Income tax, P.F. and house building loan can be considered for fixing interim maintenance. JUDGEMENT Though this matter has come up for […]
Bombay High Court JUSTICE B.H. Marlapalle Rajashree @ Vanita Rajesh Dixit Vs. Rajesh Nagesh Dixit On 01 April 2005 Law Point: Alteration in allowance : Provision of Section 24, Hindu Marriage Act cannot be given restricted meaning : Subsequent change in employment of husband : Family Court rightly entertained application as change of circumstances in […]