Important court decisions for 498A, maintenance, domestic violence, custody, divorce and related legal strategy.
Court: Gauhati High Court Bench: JUSTICE Amitava Roy Paul Tushar Biswas Vs. Addl. Dist. Judge, East Khasi Hills District & Anr. On 21 November 2005 Law Point: No logic or rationale in permitting parallel proceedings before Court. Illogical to continue proceedings. JUDGEMENT 1. The matrimonial alliance between the parties though conclusively determined […]
Court: Supreme Court of India Bench: JUSTICE R.V. Raveendran, J.M. Panchal Munish Bhasin & Ors vs State on 20 February 2009 Law Point: Section 438–Anticipatory bail–Offences under Sections 498A and 406 r/w Section 34, I.P.C.–Whether in proceeding under Section 438, Court would be justified in awarding maintenance to wife and child?–Held, “no”–Maintenance can be claimed […]
Court: Delhi High Court Bench: JUSTICE Kailash Gambhir Smt. Kavita vs Shri Rakesh Raman on 8 April 2011 Law Point: While adjudicating matrimonial cases, courts to be cautious and conscious of fact that the holy bond of matrimony involves delicate human emotions and complex situations and often there gets created a chasm which if fortified […]
Court: Jharkhand High Court Bench: JUSTICE D.P. Singh Falguni @ Anirudh Pradhan and Ors. vs. State of Bihar (Now Jharkhand) Law Point: The complainant had sexual intercourse with the Appellant even before marriage, proved that she had not been induced into marriage.More over,lack of material proof as regards the marriage,rendered the prosecutions story regarding mock […]
Court: Gujarat High Court Bench: JUSTICE D.H. Waghela Abdul Razak Haji Gulambhai Qureshi Vs. Johrabibi Haji Kalubhai Qureshi & Anr. On 9 November 2006 Law Point: Maintenance to Daughter unjustified. Child born during period of wedlock but without father having access to wife at relevant time. Daughter could not, in the eye of law, have […]
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