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: High Court of Kerala Bench: JUSTICE R. Basant Joseph @ Biju George Vs. Mary @ Priya Thomas & Anr. On 30 July 2008 Law Point: Family Courts Act, 1984 – Sec. 13–Family Court Rules, 1989 (Kerala)–Rule 35–Any arrangement by which dispute settled between parties can fall within the ambit of expression “settlement”–Is not restricted […]
Court: Supreme Court of India Bench: JUSTICES Doraiswamy Raju & Arijit Pasayat Vijay Kumar Prasad Vs. State Of Bihar & Ors. On 7 April 2004 Law Point: Maintenance: Territorial jurisdiction – If son was practising at time of presentation of petition in Patna High Court, he could not have been physically present at Siman: Court […]
Court: Allahabad High Court Bench: JUSTICE P Bakshi Bundoo vs Smt. Mahrul Nisa And Anr. On 22 September 1978 Law Point: Maintenance-Revisional jurisdiction-Failure to prove factum of impotency of Husband-Dismissal of application. JUDGEMENT 1. An application was filed by Shrimati Mahrul Nisa under Section 488, Cr. P.C. claiming maintenance from her husband Bundoo. Her contention […]
Court: High Court Of Jharkhand Bench: JUSTICE Rongon Mukhopadhyay Ramdhani Sah vs. State of Jharkhand and Ors. On 22 June 2016 Law Point: Maximum period for which a person against whom realisation of arrears of maintenance amount is due, has been taken into custody can be for a period of one month and not beyond […]
Court: High Court Of Bombay Bench: High Court Of Bombay Sharadchandra Chandrashekhar Satbhai Vs. Indubai Sharad Satbhai On 25 August 1977 Law Point: The fact that a decree for judicial separation has been passed in favour of the husband on the ground of desertion means that the wife is guilty of refusing to live with […]
Court: High Court Of Rajasthan Bench: JUSTICE R.S. Chauhan Shashi Alias Mala vs. State and Anr. On 27 March 2006 Law Point: In case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband. Hence petition dismissed. […]
Court: Supreme Court Of India Bench: JUSTICE Ranganath Misra and Lalit Mohan Sharma Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav And Another On 27 January 1988 Law Point: Conditions for valid marriage — Void and voidable marriages — Appellant married respondent who was already married — The first marriage was subsisting and the first was […]
Court: Orissa High Court Bench: JUSTICE P.K. Tripathy Smt. Dhani Nayak & Ors. Vs. Sanakara Nayak On 24 February 2003 Law Point: Section 125(3) Proviso — Maintenance : Quantum : Period of limitation : Commencement : Discussed. JUDGEMENT 1. Heard. 2. Both the criminal revisions are heard analogously being against the common impugned order and […]
Court: Karnataka High Court Bench: JUSTICE B.N. Mallikarjuna Malayaiah Vs. G.s. Vasantha Lakshmi & Ors. On 12 August 1996 Law Point: No maintenance if separation by mutual consent –– Wife living separately from her husband by consent –– Cannot enforce her right and ask for maintenance u/Section 125, Cr.P.C. JUDGEMENT 1. This revision is by […]
Court: Bombay High Court Bench: JUSTICE J.G. Chitre Popat Kashinath Bodke Vs. Kamalabai Popat Bodke & Ors. On 6 February 2003 Law Point: Maintenance : Parties residing separately by mutual consent by relinquishment deed : In view of Section 125(4), Cr.P.C. wife would not be having right to claim alimony from husband after date of […]