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: Delhi High Court Bench: JUSTICE Pratibha Rani Binda Devi Vs. Dabboo Yadav @ Sanjeev Yadav On 7 September 2016 Law Point: Section 125 — Maintenance — Relationship between parties. JUDGEMENT 1. For the reasons stated in the application 395 days delay in filing and 395 days in re-filing the appeal is condoned. 2. Application […]
Court: ORISSA HIGH COURT Bench: JUSTICE A. Pasayat AHALYA BARIHA @ BARIHANI Vs. CHHELIA PADHAN On 19 July 1991 Law Point: Maintenance — Petitioner’s application for maintenance for the illegitimate child from the opp. party — Trial Courts Order, reversed by Additional Session Judge — Ground — Credible evidence, corroborating the assertions of paternity of […]
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: Punjab and Haryana High Court Bench: JUSTICE H.S. Brar Kumari Salon Vs. Surjit Kumar Ratti On 9 September 1994 Law Point: Both father as well as mother in service. Equally liable to support and maintain minor. Bear expenses in equal shares. JUDGEMENT 1. This is Revision Petition under Section 401 of the Code of […]
Court: Bombay High Court Bench: JUSTICE P.R. Borkar Shivaji Vs. Alka & Anr. On 14 January 2010 Law Point: Minor son not be entitled for maintenance under Section 125, Cr.P.C. from the date on which he attained majority. JUDGEMENT 1. Heard Mr. P.B. Patil, learned Counsel for the petitioner and Mrs. M.L. Sangit, learned Counsel […]
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: Punjab and Haryana High Court Bench: JUSTICE Bakhshish Kaur Angrej Singh @ Arjan Singh Vs. State Of Punjab & Ors. On 3 November 1999 Law Point: Magistrate Cannot Impose Imprisonment of More Than One Month for non-payment of maintenance — Power of Magistrate cannot be enlarged. JUDGEMENT 1. Sukhpal Kaur-respondent No. 2 for herself […]
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 […]