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: 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: 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 […]
Court: High Court Of Rajasthan Bench: JUSTICE R.S. Chauhan Shashi Alias Mala vs. State and Anr. On 27 March 2006 Law Point: In case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband. Hence petition dismissed. […]
Court: Supreme Court Of India Bench: JUSTICE Ranganath Misra and Lalit Mohan Sharma Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav And Another On 27 January 1988 Law Point: Conditions for valid marriage — Void and voidable marriages — Appellant married respondent who was already married — The first marriage was subsisting and the first was […]
Court: Karnataka High Court Bench: JUSTICE B.N. Mallikarjuna Malayaiah Vs. G.s. Vasantha Lakshmi & Ors. On 12 August 1996 Law Point: No maintenance if separation by mutual consent –– Wife living separately from her husband by consent –– Cannot enforce her right and ask for maintenance u/Section 125, Cr.P.C. JUDGEMENT 1. This revision is by […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Popat Kashinath Bodke Vs. Kamalabai Popat Bodke & Ors. On 6 February 2003 Law Point: Maintenance : Parties residing separately by mutual consent by relinquishment deed : In view of Section 125(4), Cr.P.C. wife would not be having right to claim alimony from husband after date of […]
Court: Delhi High Court Bench: JUSTICE Veena Birbal Shakuntala Vs. Shivji On 9 September 2013 Law Point: No material placed on record by petitioner/wife that salary of respondent/husband is much more or that father of respondent is not dependent upon him — Even salary certificate on record shows lesser income — Findings given in impugned […]
Court: Bombay High Court Bench: JUSTICE Shah & Kanade Bajirao Raghoba Tambar Vs. Tolanbai and Another on 1 MARCH 1979 Law Point: Criminal Procedure Code, S. 125 and Hindu Marriage Act, Ss. 5, 11 and 25 — Second Marriage null and void and parties have no status of husband and — wife though not declared […]