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
BOMBAY HIGH COURT JUSTICE A.V. Savant & S.S. Parkar Bhagwan Raoji Dale Vs. Sushma @ Nanda Bhawan Dale & Anr. On 18 April 1998 Law Point: Wife, Divorcee : Extended Definition of Word ‘Wife’ Cannot Be Claimed — Wife withdrew herself from society of her husband without any reasonable cause and without consent of her […]
CHHATTISGARH HIGH COURT JUSTICE Sanjay K. Agrawal Hemlata Karayat Vs. Vijay Kumar Karayat On 7 August 2014 Law Point: Claim from second husband — Void marriage — Effect of — Wife admitted that she was earlier married and no divorce has taken place — Second husband was not required to seek formal declaration from competent […]
MADHYA PRADESH HIGH COURT JUSTICE B.D. Rathi ANIL JAIN Vs. SHILPA JAIN On 11 November 2014 Law Point: Future salary is not tangible corporeal property available for seizure — Only when salary became payable and takes shape of tangible corporeal property it can be attached for realization of arrear as well as current maintenance according […]
JHARKHAND HIGH COURT JUSTICE D.K. Sinha Vineeta Devi Vs. Bablu Thakur & Anr. On 25 April 2011 Law Point: Statutory provision by which “wife” has been defined cannot be liberalized in terms of Section 125, Cr.PC — Statute sanctions an illegitimate child from father is entitled for maintenance but such sanction of maintenance not provided […]
Madhya Pradesh High Court JUSTICE Vandana Kasrekar Pradeep Jain Vs. Manjulata Jain Modi & Anr. On 5 July 2018 Law Point: Maintenance Grant of to wife and not child of another father or mother of another person Non-applicant No. 2 is daughter of Ist marriage of wife non-applicant No. 1 and not of applicant. Family […]
Supreme Court of India JUSTICE G.B. Pattanaik & U.C. Banerjee Khemchand Om Prakash Sharma Vs. State Of Gujrat & Anr. On 25 February 2000 Law Point: Second wife not entitled to claim maintenance where first wife is alive and there has been no annulment of marriage by decree of divorce or otherwise : Courts below […]
Rajasthan High Court JUSTICE Vijay Kumar Vyas Mukesh Vs. Sangeeta On 25 July 2017 Law Point: Parties legally married to each other and respondent-wife not able to maintain herself — Respondent-wife willingly left petitioner-husband and living with some other person alleged to be her new husband — Courts below did not consider matter in right […]
Bombay High Court JUSTICE K.L. Wadane Bhagwat Pitambar Borse Vs. Anusayabai Bhagwat Borse & Anr. On 8 February 2018 Law Point: Divorce granted in favour of petitioner-husband — Order of Civil Court attained finality — Question of ‘adultery’ finally determined by Civil Court and that finding confirmed by first Appellate Court and this Court in […]
Rajasthan High Court JUSTICE R.S. Chauhan Rafique Mohammed Vs. Anisa & Ors. On 18 March 2013 Law Point: Grant to second child — Second application by wife not maintainable qua wife — Respondent-wife hidden the fact that she had filed application under Section 125, Cr.P.C. on 12.6.1998 and was granted maintenance for Iddat period from […]
Gauhati High Court JUSTICE Mir Alfaz Ali Mantush Choudhary @ Mantu Choudhary Vs. State Of Assam & Anr. On 15 February 2018 Law Point: Factum of marriage as claimed by respondent, having found improbable and absurd negating marital relationship between parties — No maintenance could be granted under Section 125, Cr.P.C. — In view of […]