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About Me

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.

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  • 362, II Floor, Kohat Enclave, Pitampura, Delhi 110034
  • +91-8010850498, +91-9990855750
  • info@shoneekapoor.com
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section 125

Factum of Marriage Not Proved – No Maintenance

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 […]

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Second wife will not be entitled to maintenance

Punjab and Haryana High Court JUSTICE Jaishree Thakur Raj Rani & Anr. Vs. Om Kumar Kaushik On 14 February 2018 Law Point: Hindu lady who married after coming into force of Hindu Marriage Act, 1955, with person who had living lawfully wedded wife, cannot be treated to be legally wedded wife — Petitioner being second […]

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Failure to Prove Marriage – No Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Bula Roy Vs. State Of Jharkhand & Anr. On 16 July 2014 Law Point: Failure of wife to prove her marriage with husband-OP No. 2 — Witnesses examined by petitioner have not proved rituals of marriage — No relative of petitioner examined — On the other hand, OP No. […]

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Respondent not Biological Father Can not be saddled with Maintenance

Jharkhand High Court JUSTICE H.C. Mishra Satrughan Baske Vs. Silsia Kerketta & Anr. On 25 March 2014 Law Point: That OP No. 2 is son born to petitioner and OP No. 1 — No cogent evidence that petitioner is biological father of OP No. 2 — Impugned order passed by Courts below directing petitioner to […]

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Compromise Between Parties to Live Together Maintenance can not go on

Bombay High Court JUSTICE P.D. Kode Ratan Narayan Ingale Vs. Sau. Sujeta Ratan Ingale & Ors. On 28 August 2013 Law Point: Compromise between parties and they have started living together — Applicant is maintaining non-applicants — No propriety in continuing said orders as object sought to be achieved by passing such orders is well […]

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Wife Left Home Without Justifiable Reason – No Maintenance

Telangana & Andhra Pradesh High Court JUSTICE T. Sunil Chowdary S. Rehana Sulthana @ Rehana Begum Vs. B. Mohammad Ghouse & Anr. On 28 March 2016 Law Point: Establishment of ingredients is sine qua non — Petitioner-wife failed to prove that she left matrimonial home because of harassment meted out by husband and his family […]

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Quantum of Maintenance on Basis of Estimation of Income is Wrong

Bombay High Court JUSTICE Abhay M. Thipsay Shabuktabano Ayyaz Inamdar & Anr. Vs. State Of Maharashtra & Anr. On 2 Sept 2013 Law Point: Neither Magistrate nor Sessions Judge made any serious effort to ascertain approximate income of respondent No. 2 on basis of evidence — Magistrate fixed amount of maintenance by holding that respondent […]

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Wife Enjoying Two Maintenance is Not Permitted by Law

Court: Orissa High Court Bench: JUSTICE Biswanath Rath Bhavin Shah Vs. Sapna Shah On 8 January 2016 Law Point: Wife in enjoyment of maintenance from two Courts — Not permissible in law — Grant of interim maintenance in favour of wife by another competent Court of Law — This fact brought to notice of Family […]

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Acquittal of Husband in 498A – No Maintenance to Wife

Madhya Pradesh High Court JUSTICE C.V. Sirpurkar Pooja Gaur Vs. Umit @ Pinky Patel On 26 April 2016 Law Point: Acquittal in criminal case — No specific allegations against husband alleging harassment for dowry — She left matrimonial home of her own accord — Wife is suffering from some mental issues for which she has […]

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Interim Maintenance to be Paid even when Ex Parte Order Set Aside

Bombay High Court JUSTICE P.D. Kode Nishant Vs. Sonia On 27 August 2013 Law Point: Default in appearance occurred on part of applicant i.e. failure of Advocate to inform about date — Such an opportunity deserves to be given for serving ends of justice — Proceedings are prolonged since the year 2011, orders of interim […]

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