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 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: Karnataka High Court Bench: JUSTICE V. Jagannathan V.K.V. Sarma Vs. Indra Sarma On 12 August 2011 Law Point: ‘Relationship in nature of marriage’ and ‘Domestic relationship’ defined. Maintenance not allowed. JUDGEMENT 1. The petitioner is before this Court aggrieved by the Trial Court allowing the application filed by the respondent under Section 12 of […]
Court: Uttarakhand High Court Bench: JUSTICE Servesh Kumar Gupta Kamla Vs. State Of Uttarakhand & Anr. On 6 January 2012 Law Point: Applicant failed to prove she is legally wedded wife. She might be living with him as man and woman, her status is that of concubine or having a live-in relationship. Not granted maintenance. […]
Court: Delhi High Court Bench: JUSTICE Pratibha Rani Anjum Vs. Yunus Saleem On 8 September 2016 Law Point: Wife is having sufficient means to maintain herself and availing all facilities at the house of husband. She has sufficient means to lead her life as per social status of husband. JUDGEMENT 1. Whereas Crl.M.A.No.6650/2015 has been […]
Court: Madhya Pradesh High Court Bench: JUSTICE C.K. Prasad Mangilal Vs. Ratnaprabha & Anr. On 5 January 1995 Law Point: Wife had no ground to leave the matrimonial house. Maintenance not allowed. JUDGEMENT 1. The wife i.e. Non-applicant No. 1 had filed an application on 16-11-1988 in the Court of Judicial Magistrate, First Class, Alirajpur, […]
Court: Kerala High Court Bench: JUSTICE R. Basant Muhammed Vs. Kunhayisha Law Point: Major unmarried daughter not entitled to claim maintenance from her parents unless her inability to maintain herself attributable to her physical or mental abnormality or injury : Her mere status as unmarried daughter, whatever be her religion, does not entitle her to […]
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 […]
Court: Allahabad High Court Bench: JUSTICE Vijay Kumar Verma Amod Kumar Srivastava Vs. State Of U.p. & Ors. On 23 May 2008 Law Point: Grant of maintenance to daughters after attaining majority not permissible since their inability to maintain themselves cannot be attributed to any physical or mental abnormality or injury within meaning of Section […]
Court: Gujarat High Court Bench: JUSTICE D.H. Waghela Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr. On 9 November 2006 Law Point: Maintenance to Daughter unjustified. Child born during period of wedlock but without father having access to wife at relevant time. Daughter could not, in the eye of law, have […]
Court: Kerala High Court Bench: JUSTICES K.T. Sankaran & M.L. Joseph Francis Saju Sasidharan Vs. Dhanya & Anr. on 7 August 2012 Law Point: Maintenance pendente lite — Oral request for such relief cannot be entertained by Family Court — Order passed by Family Court granting interim maintenance set aside. JUDGEMENT 1. The question involved […]