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Landmark Judgments and Articles on Law

Maintenance applicable from date of order

HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. Reserved Judgment Court No. – 93 Case :- CRIMINAL REVISION No. – 2921 of 2018 Revisionist :- Pratima Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajiv Lochan Shukla,Anand Pati Tiwari,Chandra Shekhar Rai…

No Maintenance under Domestic Violence Act for “No Refusal Or Neglect” to maintain Wife

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.233 OF 2018 1. SGK Age 33 yrs Occ Service 2. GJK Age 63 yrs Occ Pensioner 3. SGK Age 30 yrs Occ. Nil, All r/o Paldewar Complex, Behind Arya Bhavan…

Whether a woman who has accepted alimony under Customary divorce is entitled to get maintenance under Domestic violence Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.290 OF 2018 Gajanan S/o Parashram Rathod Vs Surekha Gajanan Rathod, CORAM : S. G. MEHARE, J. PRONOUNCED ON : 24.01.2023. 1. Rule. Rule made returnable forthwith and heard finally by…

Wife living in adultery is not entitled to maintenance

Kerala High Court Mariyumma vs Mohammed Ibrahim on 28 June, 1978 Equivalent citations: AIR 1978 Ker 231 Author: S Poti Bench: P N Pillai, P S Poti, G Vadakkel JUDGMENT Subbamonian Poti, J. 1. This revision is against an order passed by the Judicial Magistrate…

Writ of Habeas Corpus not valid in Custody case if child is happy with Father.

Madras High Court Writ Petn. No. 17819 of 1991 Vaidehi vs I. Gopinath on 3 February, 1992 Equivalent citations: AIR 1993 Mad 315, I (1994) DMC 379 Bench: K Natarajan, Maruthamuthu ORDER K. M. Natarajan, J. 1. This writ petition is filed by the mother…

Whether Maintenance is based upon total earning and life style or basic necessities

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION NO. 199 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE S.G.SHAH 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not…

Maintenance in interest of justice not as Husbands NRI Status

Delhi High Court Smt. Anubha vs Shri Vikas Aggarwal And Ors. on 27 September, 2002 Equivalent citations: 100 (2002) DLT 682, I (2003) DMC 139 Appellant Advocate A.S. Chandhiok, Sr. Adv and; Hari, Adv Respondent Advocate Nemo Cases Referred Sobha Rani v. Madhukar Reddi Bench:…

Divorce: Writing, scornful and descent letters to office, Suicide threats – Cruelty

CALCUTTA HIGH COURT Bench: JUSTICE Chittatosh Mookerjee and Mukul Gopal Mukherji Sm. Krishna Sarbadhikary vs Alok Ranjan Sarbadhikary Petition no 119 1982 JUDGEMENT The principal doubt in this interest is possibly a schooled Additional District Judge, 2nd Court, Alipore was fit in dissolving a matrimony…

Divorce : Abusive and childish Misbehavior of mother cruelty

GAUHATI HIGH COURT Bench: JUSTICE J.N. Sarma MONIKA HOM ROY Vs. SMARAN ROY On 5 Jun 2000 Decided On Jun-05-2000 Case Number First Appeal No. 82 of 1995 JUDGEMENT This interest has been filed by a mother underneath Section 28 of a Hindu Marriage Act…

Divorce : False claim of adultery opposite father is cruelty

MADHYA PRADESH HIGH COURT Bench: JUSTICE D.M. Dharmadhikari Pushpa Datt Mishra vs. Smt. Archana Mishra alias Premvati Choubey On 08 May 1991 CASE NO.F.A. No. 15 of 1990 JUDGEMENT This interest is by a father underneath Section 28 of a Hindu Marriage Act, 1955 (the…

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