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: Allahabad High Court Bench: JUSTICE Surendra Kumar Manoj Kumar Gupta Vs. Kamlesh Kumari & Anr. On 17 January 2012 Law Point: Magistrate is fully competent to recover the maintenance amount remaining unpaid from husband and to pay the same to wife. — Magistrate is directed to issue recovery warrant for maintenance amount remaining unpaid […]
Court: Kerala High Court Bench: JUSTICE R. Basant Salam Vs. Ayisha & Anr. On 4 December 2006 Law Point: Dispute regarding paternity — DNA test answered against petitioner — Claimant submitted she has no further evidence — Learned Counsel for petitioner submits petitioner wants evidence to be adduced — Even assuming erroneous submission made before […]
Court: Punjab & Haryana High Court Bench: JUSTICE V.K. Bali Jaivir Vs. Santosh On 14 February 1995 Law Point: Default in paying maintenance allowance — Warrant of arrest cannot be issued as a matter of first resort — Resort prior in point of time, has to be made to attach property. JUDGEMENT It is true […]
Court: Andhra Pradesh High Court Bench: JUSTICES Bilal Nazki & K.C. Bhanu C. Subramanyam Vs. C. Sumathi & Anr. On 17 October 2003 Law Point: Magistrate has no power to dismiss petition under Section 125, Cr.P.C. for default : For any reason, if it is dismissed, said Court will become functus officio : It has […]
Court: Kerala High Court Bench: JUSTICES.S. Satheesachandran Abdulrahiman Vs. State Of Kerala On 22 September 2011 Law Point: One month’s imprisonment for each month default is not sole criteria which governs Court for imposing maximum punishment to the Husband Court has to exercise its discretion judicially in fixing quantum of punishment. JUDGEMENT […]
Court: Punjab and Haryana High Court Bench: JUSTICE R.L. Anand Kulwant Kaur @ Preeti & Ors. Vs. Prem Nath & Ors. On 15 March 2001 Law Point: In Maintenance Cause of Action of Wife is against Husband and not Anybody Else i.e. Partners and Co-owners of Property of Husband. JUDGEMENT 1. The present revision under […]
Court: MADHYA PRADESH HIGH COURT Bench: JUSTICE Bhawani Singh, CJ. & Arun Mishra NANHI BAi Vs. NETRAM On 31 March 2001 Law Point: Wife is adultrous, Maintenance denied to her but husband liable of maintaining children. JUDGEMENT Learned Single Judge Mr. Justice S.K. Dubey (as he then was) has referred the instant revision to Larger […]
KERALA HIGH COURT JUSTICE D. Sreedevi N.P. ABU Vs. VELLAM THOTTIL ASMA & ORS. On 26 August 1998 Law Point: Children Entitled to Claim Maintenance, for awarding maintenance to wife living separately, Court to conclude whether she is justified in living separately or not. JUDGEMENT This revision has been filed against the order in M.C. […]
Court: Allahabad High Court Bench: JUSTICE P.K. Jain Mohd. Ismail Vs. Smt. Bilquees Bano On 8 April 1997 Law Point: Date of payment of maintenance should normally be from the date of order and sufficient reason should be given if awarded from date of application. JUDGEMENT 1. Heard Mr. Satish Trivedi, learned Counsel for the […]
Court: Orissa High Court Bench: JUSTICE R.N. Biswal Babuli @ Rajkishore Rana Vs. Prasanti @ Purnamasi Rana & Anr. On 7 July 2007 Law Point: No specific instances of ill-treatment to Wife by Husband. No evidence to show that Wife apprehended danger to her life if she would live with her husband. Maintenance order against […]