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: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: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:BOMBAY HIGH COURT Bench: JUSTICE Abhay M. Thipsay MOHAMMED NAIM Vs. SHAIKH SHAZIYA FARHEEN & ANR. On 4 February 2014 Law Point: Sections 125, 127 — Maintenance — Cancellation — Change in circumstances — Ground — Wife started earning after initial order passed. This was significant change in circumstances, inasmuch, inability of wife to maintain […]
Court:Kerala High Court Bench: JUSTICE M.R. Hariharan Nair Saroja Vs. Janardhanan on 15 June 2001 Law Point: Section 127(2) – Cancellation of order granting maintenance. There is no justification for continuing to provide maintenance to wife and child invoking power under section 125 of CrPC. JUDGEMENT 1. The revision petitioners are another and child, who […]
Court: High Court Of Uttarakhand Bench: JUSTICE Umesh Chandra Dhyani Kavita Vs. State of Uttarakhand On 30.10.2013 Law Point: Section 125(4)–Maintenance of wife–Denied–Legality–Held–As wife is living separately without any ground is not entitle to maintenance–No interference–Petition is dismissed. JUDGEMENT 1. An application under Section 125 of Cr.P.C. for grant of maintenance allowance […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE V.K. Agrawal Kuntibai Vs. Alakhram On 21 April 1998 Law Point: Section 125 — Maintenance: Refusal: Wife had Sufficient Means to Maintain Herself — Besides long delay in filing an application, Courts below found petitioner/wife had no justification for living separately from her husband — She had sufficient […]
Court: Bombay High Court Bench: JUSTICE D.B. Deshpande Riyasatbi Shaikh Jani And Another Vs. Shaikh Jani Shaikh Kasam And Another On 8 December 1981 Law Point: Wife not entitled to maintenance as she has not led any evidence to show that husband refused or neglected to maintain her. JUDGEMENT 1. Both these criminal revision applications […]
Court: High Court Of Allahabad Bench: JUSTICE Amitava Lala and Pankaj Mithal Kishore Kumar Trivedi Vs. Kiran On 05 April 2007 Law Point: Hindu Adoptions and Maintenance Act, 1956 – Section 18- When marital status affected or disrupted by decree under one law-Respondent, cannot got ancillary or incidental relief by way of subsequent suit or […]
Court: Gauhati High Court Bench: JUSTICE B.B. Deb Subal Chandra Saha Vs. Pritikana Saha On 17 February 2003 Law Point: Section 125(4) — Maintenance : Adultery : Wife-respondent living together with another man in rented house as husband and wife till they were apprehended by police from that house : Their intention to continue in […]
Court: Jharkhand High Court Bench: JUSTICE D.G.R. Patnaik Sukro Devi Vs. State Of Jharkhand & Anr. On 19 June 2007 Law Point: Section 125(4) — Maintenance — Adultery — Both Courts below recorded findings of fact and assigned adequate grounds for such findings — Facts of case suggest it was not isolated or solitary instance […]