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
The husband had filed a transfer petition for the transfer of maintenance case under Section 125 CrPC filed by his wife. When the husband visited the concerned court for contesting, the opposite party and his family members assaulted him physically. The husband was apprehensive of danger to his life. He had filed the transfer petition […]
KARNATAKA HIGH COURT JUSTICE K.N. Phaneendra PARAMESHWAR J. & ORS. Vs. STATE OF KARNATAKA & ANR. On 2 JULY 2018 Law Point: Section 482 — Sections 498A, 506 — Cruelty — Matter is essentially arising out of domestic relationship between parties — Compromise petition filed by parties is accepted — Proceedings quashed. JUDGEMENT 1. Petitioner […]
Jammu And Kashmir High Court JUSTICE Dhiraj Singh Thakur Sujata Rajput Vs. Rajesh Baru On 13 December 2013 Law Point: No details of income given by petitioner-wife with which her expenses could be compared by Court to determine her rights under Section 30 of Act — Looking to disparity in income between petitioner and respondent, […]
Sikkim High Court JUSTICE Sunil Kumar Sinha Shiva Kumar Pradhan Vs. Meena Rawat & Anr. On 1 Dec 2015 Law Point: Legitimate or illegitimate child, who has attained majority, not physically or mentally abnormal, not entitled to receive maintenance JUDGEMENT 1. This Petition is directed against the Order dated 30.06.2015 passed by the Family Court, […]
Court: Uttarakhand High Court Bench: JUSTICE U.C. Dhyani Ashwin Chaudhry Vs. Kiran Chaudhry On 20 June 2016 Law Point: Hindu Marriage Act, 1955 — Section 26 — Custody of minor child — Pendency of matrimonial petition — Postponement of petition for custody of child — Not proper — Child’s welfare is of paramount consideration while […]
Court:Madras High Court Bench: JUSTICE K.N. Natarajan S. Abboy Naidu & Anr. Vs. R. Sundara Rajan On 01 December 1987 Law Point: (i) Guardians and Wards Act — Sections 25 and 7 — Father filed petition to take back custody of child aged one year from maternal Grand-parents of minor — Petitioner apprehends danger to […]
Court: Supreme Court of India Bench: JUSTICES D.P. Mohapatra & Brijesh Kumar Vikas Aggarwal vs Anubha on 12 April 2002 Law Point: Divorce petition in H.C. on original side. Direction to appear- Non Appearance-Defence rightly struck off. JUDGEMENT Leave granted. Heard learned counsel for the parties. This appeal has been preferred against […]