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    • 362, Second Floor, Kohat Enclave, Pitampura, Delhi 110034
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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.

CONSULTATION

Contact Info

  • 362, Second Floor, Kohat Enclave, Pitampura, Delhi 110034
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    6/12, East Patel Nagar, New Delhi – 110008, India
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    P2A, Basement, Block-P, Jangpura Extension, New Delhi 110014
  • +91-8010850498
  • info@shoneekapoor.com
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Maintenance

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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No Ex Parte Maintenance Orders if Respondent Not Served

Uttarakhand High Court JUSTICE Prafulla C. Pant S. Vishwanathan Vs. Pushpa On 10 June 2010 Law Point: Ex parte order without getting notices served on revisionist as required under Section 13 of Act read with Rule 12 — Magistrate is directed to pass fresh orders after hearing parties — Impugned order set aside. JUDGEMENT 1. […]

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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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Home Loan is Pre-existing Liability of Husband while deciding Maintenance

Karnataka High Court JUSTICE S. Venkataraman M. Ravishankar Vs. R. Pushpa On 26 November 1996 Law Point: Loans such as F.A., L.I.C. premium, P.F. loan, etc. not to be taken into account — Income tax, P.F. and house building loan can be considered for fixing interim maintenance. JUDGEMENT Though this matter has come up for […]

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Additional Evidence in Maintenance Proceeding; When Admissible

Supreme Court of India JUSTICE Tarun Chatterjee & V.S. Sirpurkar Anupam Gupta Vs. Sumeet Gupta On 19 November 2008 Law Point: Production of additional evidence — Directions for producing additional evidence with directions to appellant to pay maintenance to respondent @ Rs. 35,000/- p.m. and clear arrears within two weeks unsustainable — Impugned order set […]

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Wife to Get Maintenance only if her Income is Insufficient

Delhi High Court JUSTICE D.P. Wadhwa Pradeep Kumar Kapoor Vs. Shailja Kapoor On 20 May 1988 Law Point: No finding by trial court about the insufficiency of the income of wife for her support — Husband earning Rs. 200/- p.m. from sale of paintings not based on any evidence — Husband net income from salary […]

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Maintenance u/s 24HMA can be Altered with Change of Earnings

Bombay High Court JUSTICE B.H. Marlapalle Rajashree @ Vanita Rajesh Dixit Vs. Rajesh Nagesh Dixit On 01 April 2005 Law Point: Alteration in allowance : Provision of Section 24, Hindu Marriage Act cannot be given restricted meaning : Subsequent change in employment of husband : Family Court rightly entertained application as change of circumstances in […]

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IPC 494 can not be initiated in Maintenance Proceedings

Supreme Court of India JUSTICE Dr. Arijit Pasayat & P. Sathasivam Tarakanath Kar Vs. Lipika Kar On 07 May 2008 Law Point: Dispute whether ‘C’ or respondent ‘L’ legally married wife of appellant or was it case of bigamy — Direction for initiation of departmental proceedings by High Court — Improper and invalid — High […]

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No Maintenance on basis of Speculation of Income of Husband

Madhya Pradesh High Court JUSTICE Dipak Misra Raghubir Yadav Vs. Purnima Kharga (Yadav) On 18 September 2000 Law Point: Income of Husband Fixed on Conjectures: Fact that Wife Worked in Television Serials and Stage Plays and Earned Some Income from said Sources, not Considered by A.D.J.: Trial Judge’s Order does not Withstand Close Scrutiny : […]

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HMA 24 Maintenance can not be increased in Revision

Calcutta High Court JUSTICE Tarun Chatterjee Malaya Das (Nee) Ghosh Vs. Basudeb Das On 30 September 1996 Law Point: Revisional Court –– Does not retain its jurisdiction to increase the maintenance. JUDGEMENT This revisional application is directed against an order being order No. 102 dated 23rd May, 1994 passed by Mr. R.N. Mallick Choudhury, Additional […]

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