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: Orissa High Court Bench: S Mohapatra Binayak Chandra Pady vs Kamala Padhy Alias Padhiani on 7 May, 1986 Law Point: Effect of non payment of maintenance arrears in HMA 24 JUDGEMENT 1. This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, […]
Court: Calcutta High Court Equivalent citations: AIR 1987 Cal 153, 90 CWN 1060 Bench: A M Bhattacharjee, S Chakravarty Ashit Mukherjee vs Smt. Susmita Mukherjee (Nee Roy) … on 13 May, 1986 Law Point: Maintenance pendente lite- Income of parties- Failure of court to take into consideration such income- Affidavit in support of application […]
Court: Punjab and Haryana High Court Bench: JUSTICE Ranjit Singh Lior Avi Ben Moyal vs Narcotics Control Bureau on 28 November, 2008 Law Point: Audio-Video evidence, use of voice experts to test voice samples. Requiring accused to record voice not infringment under article 20(3) of Indian Constitution. JUDGEMENT Petitioner is facing prosecution for an offence under […]
Court: Delhi District Court Bench: Sh. Inderjeet Singh Manish Kapoor vs Charu Kapoor on 28 August, 2010 Law Point: Trial court ordered residence rights in the property of father, Session court overturned. Landmark Judgement in DV. JUDGEMENT 1.1 (Introduction) – The respondent Smt. Charu Kapoor filed an application under section 12 of Protection of […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, Aftab Alam Chaturbhuj vs Sita Bai on 27 November, 2007 Law Point: Expression “unable to maintain herself” did not mean that wife must be absolutely destitute before she could apply for maintenance under Section 125 Cr.P.C JUDGEMENT 1. Leave granted. 2. Challenge in this appeal is […]
Court: Supreme Court of India Bench: Vikramajit Sen, C. Nagappan Roxann Sharma vs Arun Sharma on 17 February, 2015 Law Point: Landmark judgment announced by SC dealing with guardianship, custody and visitation JUDGEMENT 1 Leave granted in both the Special Leave Petitions. 2 Civil Appeal of 2015 arising out of SLP(C) No.31615 of 2014 assails […]
Court: Karnataka High Court Equivalent citations: I (2002) DMC 84, ILR 2001 KAR 4925 Bench: JUSTICE M Anwar Arun Kumar Agarwal vs Mrs. Radha Arun on 15 March, 2001 Law Point: Petition under CrPC 340 to be decided only at the end. JUDGEMENT 1. By the above appeal, the appellant herein intends to […]
Court: Supreme Court of India Bench: JUSTICES P. Sathasivam & B.S. Chauhan Vinny Parmar vs Paramvir Parmar on 20 July, 2011 Law Point: Court to consider status of parties, their respective needs, capacity of husband to pay, having regard to reasonable expenses for his own maintenance and other legal obligations JUDGEMENT 24.04.2009 passed by the […]
Court: Gujarat High Court Bench: JUSTICE Akil Kureshi Hasmukhbhai vs State on 9 February, 2011 Law Point: Children have to maintain parents. JUDGEMENT 1. Petitioners are sons of respondent No.2. Respondent No.2 father had filed Criminal Miscellaneous Application No.585 of 2008 before the Family Court, Rajkot seeking maintenance from his sons contending that in old […]
Court: Bombay High Court Bench: JUSTICE R. S. DALVI Ritula Singh vs Lt.Col. Rajeshwar Singh on 26 February, 2010 Law Point: Interim maintenance cannot be increased based on husband’s salary hike to an earning wife JUDGEMENT 1.Rule, returnable forthwith. 2.The parties are wife and husband. They have been married since 22.10.1986. The wife has filed a […]