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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
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section 125

Maintenance Paid under CrPC 125 is adjustable against HMA24

Supreme Court Of India JUSTICE J.B. Garg Sudeep Chaudhary Vs. Radha Chaudhary On 31 January 1997 Law Point: Maintenance paid under Section 125 is adjustable under Hindu Marriage Act, 1955 Section 24 JUDGEMENT 1. Special leave granted. 2. The respondent-wife has been served by substituted service but does not appear. 3. The appellant-husband and the […]

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Proceedings for Enhancement in same Court which Decided Maintenance

Andhra Pradesh High Court JUSTICE Muktadar G. Balraj Vs. Mallamma & Anr. On 17 Feb 1984 Law Point: Petition u/s. 127 for enhancement of maintenance granted u/s. 125 — Nature of proceedings and where to be field — Held Section 127 Cr.P.C. is an independent proceeding and, therefore, Section 126 Cr.P.C. has no application thereto […]

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D. Velusamy Vs D. Patchaiammal

Court:Supreme Court of India Bench: JUSTICES Markandeya Katju & T.S. Thakur D. Velusamy Vs D. Patchaiammal On 21 October 2010 Law Point: Criminal Procedure Code, 1973 — Section 125 — Maintenance — Divorced wife is treated as a wife for purpose of Section 125, Cr.P.C. but if a person has not even been married obviously […]

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Smt. Swastika Sen Vs. State Of West Bengal & Anr

Court: Calcutta High Court Bench: JUSTICE Malay Kumar Basu Smt. Swastika Sen Vs. State Of West Bengal & Anr. On 3 December 2002 Law Point: Maintenance can only be granted to a wife who is indeed unable to maintain herself. This is the clear dictate of law and cannot be permissible. JUDGEMENT This revisional application […]

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Pritam Singh Vs. Nirmala Devi

Court:Himachal Pradesh High Court Bench: JUSTICE Rajiv Sharma Pritam Singh Vs. Nirmala Devi On 9 April 2014 Law Point: Section 125 — Maintenance — Enhancement — Compromise was arrived at between parties during pendency of proceedings — Compromise was signed by parties and wife had given up her future maintenance — Husband has given pucca house […]

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Raj Kumar Vs. Mst. Shanta Bai

Court:Rajasthan High Court Bench: JUSTICE S K Garg Raj Kumar Vs. Mst. Shanta Bai On 14 February 2002 Law Point: Petition under s. 127 of Crpc has to be filed before the Magistrate who has passed the first order of maintenance. JUDGEMENT 1. This revision petition has been filed by the husband-pelitioner against the judgment […]

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Bhagwant Singh Vs. Surjit Kaur

Court:PUNJAB AND HARYANA HIGH COURT Bench: JUSTICES S.S. Sandhawaliaand S.P. Goyal Bhagwant Singh Vs. Surjit Kaur On 2 December 1980 Law Point: Sections 125 and 127(2) — Magistrate passing order of maintenance under Section 125 enhanced in revision — Wife not satisfied, filing civil suit for maintenance — Civil Court dismissing holding wife not entitled to […]

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Hansaben Ramjibhai Pithwa Vs. State Of Gujarat & Anr.

Court:GUJARAT HIGH COURT Bench: JUSTICE S.R. Brahmbhatt HANSABEN RAMJIBHAI PITHWA Vs. STATE OF GUJARAT & ANR. On 9 April 2012 Law Point: Section 127, Cr.P.C. has no jurisdiction to entertain application on account of inherent lack of jurisdiction and existing order of Civil Court under which maintenance was fixed — Now that maintenance was rightly […]

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Mohammed Naim Vs. Shaikh Shaziya Farheen & Anr.

Court:BOMBAY HIGH COURT Bench: JUSTICE Abhay M. Thipsay MOHAMMED NAIM Vs. SHAIKH SHAZIYA FARHEEN & ANR. On 4 February 2014 Law Point: Sections 125, 127 — Maintenance — Cancellation — Change in circumstances — Ground — Wife started earning after initial order passed. This was significant change in circumstances, inasmuch, inability of wife to maintain […]

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Saroja Vs. Janardhanan

Court:Kerala High Court Bench: JUSTICE M.R. Hariharan Nair Saroja Vs. Janardhanan on 15 June 2001 Law Point: Section 127(2) – Cancellation of order granting maintenance. There is no justification for continuing to provide maintenance to wife and child invoking power under section 125 of CrPC. JUDGEMENT 1. The revision petitioners are another and child, who […]

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