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
Short and Crisp Summary The Supreme Court of India upheld the divorce between Lakshmeesha M.C. and Prabhavathi but imposed severe financial penalties on the husband. He must pay an additional ₹10 lakh on top of ₹20 lakh alimony, and the family home was given to the wife and son. If he fails to pay, the […]
Court: Supreme Court Bench: Justice Surya Kant and Ujjal Bhuyan Prabhavathi @ Prabhamani Vs Lakshmeesha M.C on 12 August, 2024 Law Point: A party causing marital breakdown cannot seek divorce on irretrievable breakdown grounds, as benefiting from misconduct is unjust, ruled SC. JUDGEMENT 1. Leave granted. 2. The challenge herein is to an order dated 14.07.2023 […]
Short Summary The Supreme Court of India dissolved the marriage between Kiran Jyot Maini and Anish Pramod Patel, citing irretrievable breakdown under Article 142 of the Constitution. Despite both being financially independent, the court ordered the husband to pay ₹2 crore as permanent alimony. The judgment raises questions about fairness in maintenance laws, particularly when […]
Court: Supreme Court Of India Bench: Justice Sudhanshu Dhulia, Prashant Kumar Mishra State (Gnct Of Delhi) vs Vipin @ Lalla on 7 January, 2025 Law Point: If Evidence of Victim does not inspire confidence; no conviction in Rape Case JUDGEMENT 1. Leave granted. 2. Heard Ms. Sonia Mathur, learned senior counsel appearing for the appellant […]
Court: Supreme Court Of India Bench: Justice Sudhanshu Dhulia, Prashant Kumar Mishra State Of Karnataka vs Battegowda on 9 January, 2025 Law Point: JUDGEMENT 1. Heard learned Additional Advocate General for the appellant-State and the learned senior counsel for the respondents at length. 2. This appeal has been filed by the State of Karnataka, challenging […]
Supreme Court in a significant ruling held that a wife is entitled to claim maintenance under Section 125 of the Cr.P.C., even if she refuses to live with her husband despite a decree of restitution of conjugal rights. Thus a husband filing Restitution of Conjugal Rights case is now futile. The bench of CJI Sanjiv […]
Introduction The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. Five Lakhs on a woman’s father for lodging false cases under Section 498A of the Indian Penal Code (IPC) at different cities/ States against the husband with the sole purpose to harass him. Parteek Bansal v. State of Rajasthan & […]
For an ordinary non-legal person, which most of men are prior to filing of dowry related cases against them, Articles 15(3) is the answer to their most basic yet generally misguided question. Clause 3 of Article 15 of the Constitution of India gives powers to the legislature to create special provisions for women and children. […]
“Law should not sit limply, while those who defy it go free and those who seek its protection lose hope”. (Jennison v. Baker, 1972). “Justice should not only be done but should manifestly and undoubtedly be seen to be done” is what was of fundamental importance as per Lord Hewet while explaining what entails Justice. […]
Supreme Court Affidavit Format For Maintenance for Non Agrarian Deponents In accordance with the Supreme Court affidavit format, it is mandatory for non-agrarian deponents—that is, individuals who earn their livelihood through non-agricultural means such as salaried jobs, businesses, or professional services—to submit a comprehensive maintenance affidavit format. This affidavit must include a detailed disclosure of […]
