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: HIMACHAL PRADESH HIGH COURT Equivalent citations: II (1997) DMC 83 Bench: R Khurana Darje Wangial vs Karam Singh on 18/11/1996 Law Point: The burden upon the woman to establish the paternity of the child and to show that the person from whom she claims maintenance for the child is the father of the child. […]
Court: JHARKHAND HIGH COURT Bench: JUSTICE H.C. Mishra PAWAN KUMAR GUPTA Vs. DEVANTI DEVI On 30 March 2012 Law Point: Family Court directed to pass fresh judgment in accordance with law taking into consideration all materials brought on record by Husband. JUDGEMENT 1. Heard learned Counsel for the petitioner. No one appears on behalf […]
Court: Delhi High Court Bench: JUSTICE Badar Durrez Ahmed Bhupinder Singh Vs. Delhi Commission For Women & Ors. On 1 February 2007 Law Point: No power granted to Commission to pass orders and/or directions for maintenance. These powers vested in Courts, both Criminal and Civil — Rights and obligations in respect of maintenance pertaining to Hindus to […]
Court: Supreme Court Of India Bench: JUSTICE Ashok Bhushan, K.M. Joseph Sanjeev Kapoor Vs. Chandana Kapoor On 19 February 2020 Law Point: Magistrate can review order passed u/s 125 Crpc, Bar u/s 362 Crpc not applicable. JUDGEMENT This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated […]
Court: Rajasthan High Court Bench: JUSTICE M.A.A. Khan Radhey Shyam & Ors. Vs. Meera Devi & Anr. On 11 December 1996 Law Point: Karta of H.U.F. may be under statutory obligation to maintain disqualified member of H.U.F. and his wife and minor children. But summary proceedings contemplated in Section 125, Cr.P.C cannot be invoked against Karta. JUDGEMENT […]
Court: Calcutta High Court Bench: JUSTICE Ashis Kumar Chakraborty Tripti Chakraborty Vs. Anjan Chakraborty On 28 July 2017 Law Point: Post held by Husband and monthly salary are important factors to be considered in determination of amount of maintenance. JUDGEMENT This revisional application, at the instance of the respondent wife in the matrimonial suit, is directed against […]
The guidelines laid down in Kusum Sharma v. Mahinder Kumar Sharma (Delhi High Court) have now been superseded by the Supreme Court’s judgment in Rajnesh v. Neha (2020), which provides the uniform framework for determining maintenance across India. Court: High Court Of Delhi Bench: JUSTICE J.R. MIDHA Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015 […]
Court: Supreme Court of India Bench: Justice RAJESH BINDAL Aditi Alias Mithi vs Jitesh Sharma on 6 November, 2023 Law Point: No maintenance without compliance of guidelines JUDGEMENT 1. Leave granted. 2. As per the office report dated 30.10.2023, the respondent had refused to receive notice, hence, the service is deemed to be complete. 3. […]
Court: Madhya Pradesh High Court Bench: Justice Prem Narayan Singh Smt. Sangeeta Rathore vs Naresh Rathore on 17 August, 2023 Law Point: Wife should be legally wedded wife for claiming maintenance from her husband JUDGEMENT This criminal revision has been filed by the petitioner under Section 19(4) of Family Court Act, 1984 being aggrieved by […]
Court: Chattisgarh High Court Bench: Justice N.K. Chandravanshi Smt. Surekha Sahu vs Shiv Kumar Sahu on 28 July, 2021 Law Point: Respondent-husband is physically disabled person wife is not interested to live with husband maintenance dismissed JUDGEMENT 1. This criminal revision has been preferred by the applicant against the order dated 30-7-2019 passed by the […]