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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
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section 125

Child who has attained Majority is not entitled for Maintenance

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, […]

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Right of maintenance waived by wife by way of MoU, cannot be claimed again.

Court: Delhi High Court Bench: JUSTICE SANJEEV SACHDEVA Minni Chaudhary Vs. Iqbal Singh @ Iqbal Ahmed On 24 September 2018 Law Point: Right of maintenance waived by wife by way of MoU, cannot be claimed again. JUDGEMENT 1. Petitioner impugns order dated 19.01.2015, whereby the family court has rejected the application filed by the petitioner […]

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Wife Working, Enough Pay and Emoluments – No Maintenance

Patna High Court JUSTICE Ahsanuddin Amanullah Suman Kumari, Surendra Rai Vs. State of Bihar & Anr. On 19 April 2012 Law Point: Wife working as teacher in Government school — She is able to maintain herself from the pay and emoluments received — Offer made voluntarily on behalf of the husband for depositing a sum […]

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Maintenance to be on basis of Actual Income of Husband

Bombay High Court JUSTICE R.M. Savant Deepak L. Bhandare Vs. Durga Deepak Bhandare & Anr. On 23 September 2013 Law Point: Trial Court fixed interim maintenance @ Rs. 5,000 per month as personal expenses for wife and Rs. 7,000 per month for the personal and school expenses of daughter — Trial Court assumed income of […]

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Amendment to Amount of Maintenance Claimed Not Allowed

Allahabad High Court JUSTICE R.D. Khare Mohd. Akhtar Siddiqui @ Babar Vs. State Of U.P. & Ors. On 10 September 2009 Law Point: Amendment application amending amount claimed in proceedings under Section 125, Cr.P.C. — Not permissible in law — Impugned order passed on amendment application unsustainable in eyes of law and set aside. JUDGEMENT […]

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Conditions when Interim Maintenance can be Challenged

Supreme Court of India JUSTICE R.C. Lahoti & Brijesh Kumar Prasanta Kumar Dey Vs. State of West Bengal & Anr. On 04 Decemer 2000 Law Point: Second Revision Application: Maintainability : Fit Case for Interference, Shorn of Technicalities Under Section 401 r/w Section 482, Cr.P.C. — Criminal Procedure Code, 1973 — Sections 125, 126(2), 397, […]

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Wife and Other Dependent not Entitled for more than One Fifth Income

Calcutta High Court JUSTICE Basudeva Panigrahi Dhananjoy Samanta Vs. Sabitri Samanta On 14 March 2000 Law Point: Wife and Other Dependent Shall Not be Entitled to More Than 1/5th Each From Gross Amount — Petitioner receiving Rs. 5,700/- p.m. as salary as Assistant Teacher — Petitioner liable to pay @ Rs. 1,150/- to opposite party […]

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Wife Staying Away w/o Justifiable Reason No Maintenance

Supreme Court of India JUSTICE B.P. Singh & Arun Kumar Ramkaran Vs. Gyarsi & Anr. On 24 January 2005 Law Point: Maintenance rejected to wife as she separated from appellant-husband for no justifiable reason — Father of respondent was demanding sum of Rs. 30,000/- for sending her to house of appellant-husband — Revisional Court confirmed […]

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Interim Maintenance Orders Interlocutory Revision Not Maintainable

Andhra Pradesh High Court JUSTICE K.B. Siddappa Jupally Veeraswamy Vs. Jupally Shantamma & Anr. On 8 April 1996 Law Point: No revision against an interlocutory order, second revision application not maintainable — Exercise of extra-ordinary jurisdiction of High Court u/Sec. 482, Cr.P.C. — To correct the abuse of process of Court — Not to convert […]

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Minor Not Biological Child No Maintenance

Rajasthan High Court JUSTICE J.B. Garg Harikishan Vs. Shanti Devi On 4 September 1987 Law Point: Application for cancellation of maintenance pleading parties after marriage never cohabited and minor not the child of the marriage. Whether order grating maintenance to minor liable to be cancelled — Yes. JUDGEMENT 1. This is an application under Section […]

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