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: Punjab & Haryana High Court Bench: JUSTICE V.K. Jhanji Gurdeep Singh Vs. Daljit Kaur On 7 January 1997 Law Point: Hindu Marriage Act, 1955 — Section 25 — Permanent Alimony and Maintenance — Permanent alimony can be granted only when “decree” is passed — Order dismissing divorce petition is not ‘decree’ — After dismissal […]
Court: Supreme Court of India Equivalent citations: 1978 AIR 597, 1978 SCR (2) 621 Bench: Beg, M. Hameedullah (Cj), Chandrachud, Y.V., Bhagwati, P.N., Krishnaiyer, V.R. & Untwalia, N.L., Fazalali, S.M. & Kailasam, P.S. Maneka Gandhi vs Union Of India on 25 January, 1978 Law Point: Right of dignity – right to live is not […]
Court: Delhi High Court Bench: JUSTICE Pradeep Nandrajog Rajat Taneja Vs. Harmeeta Singh On 25 July 2007 Law Point: No opportunity granted to Husband to file reply to application filed by respondent under Section 24 of Hindu Marriage Act — Petitioner entitled to setting aside of order granting monthly maintenance to wife under Section 24 […]
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Ravi Dutta Vs. Kiran Dutta & Anr. On 11 February 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 28, 23(2) — Interim maintenance — Non-consideration of Domestic Incident Report by trial Court — Court trying cases under D.V. Act cannot bypass mandate […]
Court: Calcutta High Court Bench: JUSTICE Malay Kumar Basu Smt. Swastika Sen Vs. State Of West Bengal & Anr. On 3 December 2002 Law Point: Maintenance can only be granted to a wife who is indeed unable to maintain herself. This is the clear dictate of law and cannot be permissible. JUDGEMENT This revisional application […]
Court: Delhi High Court Bench: JUSTICE Shiv Narayan Dhingra Renu Mittal Vs. Anil Mittal & Ors. On 27 September 2010 Law Point: Maintenance — Grant of — Jurisdiction under Criminal Procedure Code and Protection of Women from Domestic Violence Act is parallel jurisdiction — If maintenance has been granted under Section 125, Cr.P.C. after taking […]
Court:Himachal Pradesh High Court Bench: JUSTICE Rajiv Sharma Pritam Singh Vs. Nirmala Devi On 9 April 2014 Law Point: Section 125 — Maintenance — Enhancement — Compromise was arrived at between parties during pendency of proceedings — Compromise was signed by parties and wife had given up her future maintenance — Husband has given pucca house […]
Court:Rajasthan High Court Bench: JUSTICE S K Garg Raj Kumar Vs. Mst. Shanta Bai On 14 February 2002 Law Point: Petition under s. 127 of Crpc has to be filed before the Magistrate who has passed the first order of maintenance. JUDGEMENT 1. This revision petition has been filed by the husband-pelitioner against the judgment […]
Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES S.S. Sandhawaliaand S.P. Goyal Bhagwant Singh Vs. Surjit Kaur On 2 December 1980 Law Point: Sections 125 and 127(2) — Magistrate passing order of maintenance under Section 125 enhanced in revision — Wife not satisfied, filing civil suit for maintenance — Civil Court dismissing holding wife not entitled to […]
Court:GUJARAT HIGH COURT Bench: JUSTICE S.R. Brahmbhatt HANSABEN RAMJIBHAI PITHWA Vs. STATE OF GUJARAT & ANR. On 9 April 2012 Law Point: Section 127, Cr.P.C. has no jurisdiction to entertain application on account of inherent lack of jurisdiction and existing order of Civil Court under which maintenance was fixed — Now that maintenance was rightly […]