As a divorced woman, if she cannot maintain herself or remains unmarried, the man who was, once, her husband continues to be under a statutory duty and obligation to provide maintenance to her. However since the decree of divorce was passed on the ground of desertion by wife, she would not be entitled to Maintenance for any period prior to the passing of the decree under Section 13 of the Hindu Marriage Act. Continue reading “Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]”
KEYWORDS:-Muslim Husband – Second Marriage- Maintenance – AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980 (SUPREME COURT OF INDIA) Begum Subanu alias Saira Banu and another Appellant Versus A.M. Abdul Gafoor Respondent (Before : A. P. Sen And S. Natarajan, JJ.) Criminal Appeal … Continue reading In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance
KEYWORDS:-Maintenance to Muslim wife- DATE:- 23-04-1985- whether the law of Islam is capable of evolution ? AIR 1985 SC 945 : (1985) 3 SCR 844 : (1985) 2 SCC 556 : (1985) 1 SCALE 767 : (1985) CriLJ SC 875 (SUPREME COURT OF INDIA) Mohd. Ahmed Khan Appellant Versus Shah Bano Begum and others Respondent (Before : Y. V. Chandrachud, C.J.I., D. A. Desai, O. Chinnappa … Continue reading Mohd. Ahmed Khan Vs Shah Bano Begum and others[SC 1985 APRIL]
Keywords: Preliminary Inquiry in Maintenance Case AIR 1960 SC 882 : (1960) 3 SCR 431 : (1960) CriLJ SC 1246 (SUPREME COURT OF INDIA) Nand Lal Misra Appellant Versus Kanhaiya Lal Misra Respondent (Before : K. Subba Rao And J. C. Shah, JJ.) Criminal Appeal No. 64 of 1958, Decided on : 01-04-1960. The procedure does not contemplate a Preliminary enquiry into paternity of child—Summons … Continue reading Nand Lal Misra Vs Kanhaiya Lal Misra[SC 1960 April ]
19-11-1993- But under S. 10(l)(b), harm or injury to health, reputation, the working-career or the like, would be an important consideration in determining whether the conduct of the respondent amounts to cruelty. Irretrievable breakdown of the marriage is not a ground by itself AIR 1994 SC 710 : (1993) 3 Suppl. SCR 796 : (1994) 1 SCC 337 : JT 1993 (6) SC 428 : … Continue reading V. Bhagat Vs Mrs. D. Bhagat
19-03-1975- Keywords-Preponderance of probabilities-Second Appeal-Condonation of matrimonial offence-Sexual Life⇒ The evidence of condonation consists here in the fact that the spouses led a normal sexual life despite the respondent’s acts of cruelty. respondent was guilty of cruelty but the appellant condoned it and the subsequent conduct of the respondent is not such as to amount to a revival of the original cause of action. The … Continue reading Dr. N. G. Dastane Vs Mrs. S. Dastane
18-10-2013-Badshah Keywords:-Legally wedded wife-Maintenance-summary remedy- The Court as the interpreter of law is supposed to supply omissions, correct uncertainties, and harmonize results with justice through a method of free decision IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION No.19530/2013 IN SPECIAL LEAVE PETITION (CRL.) No.8596/2013 Badshah ….Petitioner Versus Sou.Urmila Badshah Godse & Anr. …Respondents J U D G M E N … Continue reading “wife” in Section 125 of the Criminal Procedure Code, includes a woman who had been duped into marrying a man who was already married.
Keywords: Maintanance Both parents are obliged to pay maintenance to child in proportion to their salary AIR 2000 SC 1398 : (2000) 2 SCR 621 : (2000) 4 SCC 266 : (2000) 2 SCALE 589 (SUPREME COURT OF INDIA) PADMJA SHARMA Appellant Versus Ratan Lal Sharma Respondent (Before: D. P. Wadhwa And M. B. Shah, JJ.) Civil Appeal No. 2462 of 1999, Decided on: 28-03-2000. … Continue reading Padmaja Sharma Vs Ratan Lal Sharma[SC 2000 March]