Important court decisions for 498A, maintenance, domestic violence, custody, divorce and related legal strategy.
Court: Delhi High Court Bench: JUSTICE Sunil Gaur Ravi Dutta Vs. Kiran Dutta & Anr. On 11 February 2014 Law Point: Protection of Women from Domestic Violence Act, 2005 — Sections 12, 28, 23(2) — Interim maintenance — Non-consideration of Domestic Incident Report by trial Court — Court trying cases under D.V. Act cannot bypass mandate […]
Court: Supreme Court of India Bench: JUSTICES Dipak Misra & Sudhansu Jyoti Mukhopadhaya Ghusabhai Raisangbhai Chorasiya & Ors. Vs. State Of Gujarat On 18 February 2015 Law Point: There is no allegation of any kind of physical torture — Evidence brought on record with regard to cruelty is absolutely sketchy and not convincing — On […]
Court: Bombay High Court Bench: JUSTICE A.M. Khanwilkar & R.Y. Ganoo Ramesh Laxman Sonawane Vs. Meenaxi Ramesh Sonawane On 14 October 2011 Law Point: Cruelty — Desertion — Dissolution of marriage — Appellant-husband proved that respondent wife treated him with cruelty — Unsubstantiated allegations levelled by respondent wife that husband is having illicit relations.— This […]
Court: Calcutta High Court Bench: JUSTICE Malay Kumar Basu Smt. Swastika Sen Vs. State Of West Bengal & Anr. On 3 December 2002 Law Point: Maintenance can only be granted to a wife who is indeed unable to maintain herself. This is the clear dictate of law and cannot be permissible. JUDGEMENT This revisional application […]
Court: Punjab And Haryana High Court Bench: JUSTICE S Sudhalkar Smt. Rama @ Ram Kala Vs. Anil Kumar Joshi On 29 October 1999 Law Point: Father given the guardianship and claim of wife dismissed that she is better financially. JUDGEMENT 1. Contention of the appellant is that she was married with the respondent and out […]
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