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: Rajasthan High Court Bench: JUSTICE G.L. Gupta Bheekha Ram Vs. Goma Devi & Ors. On 22 January 1999 Law Point: Wife not able to establish that she had been neglected by her husband — She is living with her parents of her own accord — Not entitled to maintenance . JUDGEMENT […]
Court: Calcutta High Court Bench: JUSTICE D.P. Sircar Chandra Mohan Majhi Vs. Smt. Kaushalya Majhi On 20 February 1997 Law Point: Maintenance –– Without sufficient materials to prove fact — Second party cannot be saddled with responsibility of marriage and maintaining first party –– Party claiming maintenance to prove marriage as per religious rites and […]
Court: Patna High Court Bench: JUSTICE Abhiram Singh Banshi Das Vs. Jitni Debi On 18 May 1983 Law Point: Section 125(1) and 125(3) — Compromise on application for maintenance — Wife to go to live with husband — Should husband neglect again to maintain her she would be entitled to Rs. 200/- p.m. as maintenance […]
Court: Madhya Pradesh High Court Bench: JUSTICE N.K. Gupta Ram Prasad Vs. Geeta Mehra On 9 January 2014 Law Point: Maintenance — Non-entitlement — Perverse orders passed in favour of respondent-wife — Respondent left matrimonial home without any justifiable ground and she refused to come back — Orders passed by Courts below reversed and set […]
Court: Andhra Pradesh High Court Bench: JUSTICE Rama Rao K. Sivarama Krishna Prasad Vs. K. Bharath And Another On 25 April 1985 Law Point: Section 125(1) and Explanation (b) — Hindu Marriage Act, 1955 — Sections 11, 12 and 16 — At wife’s insistence a decree of annulment of marriage was passed u/s 12 of […]
Court: Madhya Pradesh High Court Bench: JUSTICE U.L. Bhat Sharif Ahmed Vs. Imaman Bi On 20 February 1995 Law Point: Wife has no excuse that her salary was not sufficient for her expenses. Maintenance denied to wife. JUDGEMENT 1. Revision petitioner is the husband of the respondent. They were married in 1976 and a son […]
Court: Madhya Pradesh High Court Bench: JUSTICE N.K. Gupta Jeevan Singh Vs. Sangeeta Bai On 7 October 2013 Law Point: Applicant was neither valid wife of non-applicant, nor she had any reason to live away from her husband, to get any maintenance from her husband — She was not ousted but she herself left house […]
Court: Punjab and Haryana High Court Bench: JUSTICE Paramjeet Singh Saroj Bala @ Geeta Vs. Ashok Kumar Kalyan On 5 February 2013 Law Point: Divorce by mutual consent — Wife residing separately by mutual consent and accepted lump sum amount of maintenance as full and final settlement as paid — Wife not entitled to maintenance. […]
Court: Calcutta High Court Bench: JUSTICE J.N. Hore Amarendra Nath Bagui Vs. Gouri Rani Bagui And Another On 29 June 1990 Law Point: When a wife lives separately by mutual consent she cannot claim maintenance under Section 125 of the Cr.P.C. JUDGEMENT 1. The present Revisional Application at the instance of the husband is directed […]
Court: Gauhati High Court Bench: JUSTICE Amitava Roy Abdul Malik Vs. Nashim Akhtar On 4 December 2008 Law Point: Intention and element of permanence construed to be determining factors to identify place to be one of residence of person for purpose of Section 126 CPC. JUDGEMENT 1. The order dated 14.6.2007 and 6.9.2007 passed by […]