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498a Discussion Forum Fight against the misuse of IPC 498a (anti-dowry law) 2022-09-01T14:40:50+00:00 http://www.498a.org/forum/feed.php?f=52 2022-09-01T14:40:50+00:00 2022-09-01T14:40:50+00:00 http://www.498a.org/forum/viewtopic.php?t=15514&p=104142#p104142 <![CDATA[Maintenance Related Judgements • Major son is not entitled for maintenance u/s 24 &26 HMA]]>
Shyam Chandra Prasad Vs Rajeshwari Devi : 2001 (3) RCR (civil) 372 (Delhi), Delhi high court

Avnish Pawar Vs Sunita Pawar : 2000 (4) RCR (civil) 679 (MP), Madhya Pradesh High Court

Alka Bhaskar Vs Bhaskar Satchidanand Bakre: 1991 AIR (Bombay) 164 , Bombay high court

Kartar Chand Vs Taravati :1982 AIR (Bombay) 15 , Bombay high court

Statistics: Posted by siranjeet — Thu Sep 01, 2022 2:40 pm


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2019-11-11T14:01:00+00:00 2019-11-11T14:01:00+00:00 http://www.498a.org/forum/viewtopic.php?t=10910&p=104107#p104107 <![CDATA[Maintenance Related Judgements • Re: Shared responsibility f both parent In maintainence of c]]>
Dinesh kumar vs shobha Chouhan : 2019 (3) CCC 212 Rajasthan H C

CCC = Civil Court Cases (Journal)

Statistics: Posted by siranjeet — Mon Nov 11, 2019 2:01 pm


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2018-01-08T21:57:50+00:00 2018-01-08T21:57:50+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103937#p103937 <![CDATA[Maintenance Related Judgements • Re: Buying property]]> Statistics: Posted by leghelp01 — Mon Jan 08, 2018 9:57 pm


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2018-01-06T20:52:39+00:00 2018-01-06T20:52:39+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103936#p103936 <![CDATA[Maintenance Related Judgements • Re: Buying property]]> however she may not be granted any right to residence if you are paying maintenance as ordered by the court.
dont pay without court order.

Statistics: Posted by JASWANT — Sat Jan 06, 2018 8:52 pm


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2017-12-27T04:11:23+00:00 2017-12-27T04:11:23+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103933#p103933 <![CDATA[Maintenance Related Judgements • Re: Buying property]]>
@anand - Would it be a problem If I transfer money to my mother and take the property on her name? (I am sure there won't be any family issues) but If opposite party come to know that we bought a land on my mother's name, will it be an issue?

Statistics: Posted by four98 — Wed Dec 27, 2017 4:11 am


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2017-12-13T03:39:36+00:00 2017-12-13T03:39:36+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103931#p103931 <![CDATA[Maintenance Related Judgements • Re: Buying property]]> 2. Property price in India is on high side. It is ok if you let your money remain in bank account without investing.
2. If you end up purchasing property in India keep it secret. No one should know including your lawyer or relatives.

Statistics: Posted by anand108 — Wed Dec 13, 2017 3:39 am


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2017-12-13T03:15:53+00:00 2017-12-13T03:15:53+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103930#p103930 <![CDATA[Maintenance Related Judgements • Re: Buying property]]> Statistics: Posted by fight_like_hell — Wed Dec 13, 2017 3:15 am


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2017-12-12T21:30:40+00:00 2017-12-12T21:30:40+00:00 http://www.498a.org/forum/viewtopic.php?t=15443&p=103929#p103929 <![CDATA[Maintenance Related Judgements • Buying property]]>

she filed 498a / probably she will file for maintenance soon / Charge sheet not yet filed by police / I Filed one side divorce. recently.

I am an NRI, I would like to buy property in india. I have couple of questions.

1 - Can i buy property on my mother's name through sending money from USA(My Account) to INDIA(My Mother's Account)

2 - Would the court ask me to provide the bank transactions of my USA account and My Mother's India Account?

3 - If I transfer money to my mother and buy property on her name, would this allow her to claim high maintenance?

4 - Or Can i buy the property on my name and show to the court that I have taken loan in USA to buy property?

Thanks.

Statistics: Posted by four98 — Tue Dec 12, 2017 9:30 pm


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2017-09-11T09:45:01+00:00 2017-09-11T09:45:01+00:00 http://www.498a.org/forum/viewtopic.php?t=15423&p=103811#p103811 <![CDATA[Maintenance Related Judgements • Easy Strategies for Doing Transfer Tension-free]]> Gathering requirements to perform day-to-day regime is just not intricate, nonetheless the matters that improves problem with goods is the time associated with shifting. When you decide to move together with the items that you have at your house this gets to be a complication. Which has a desire to take every thing safely from the modern destination people today sometimes eliminate the title more than the beloved goods. So as not to take care of this specific upsetting circumstance associated with separation on the final marketing and advertising to maneuver planned. The main stage involving shifting is before packing. In advance of products are bundled and also gone to live in the new vacation spot, them must adhere to the overall wellbeing guidelines to make sure that absolutely nothing fails during packaging plus moving a same. Before providing record is usually that's why the leading desire for a safe and secure move. Prep is actually the thing which is needed to cease everything for a good note. Allow me to share the particular inclusions involving before preparation guidelines that you have to appear out.

Offer Collection: Produce an index of the products that will be meant for providing products for you to move that from spot to other. It is very a lot forced to all have the main loading resources by facet to make sure that elements might be jam-packed and also migrated well. The safety with transferring may appear far more relying on just how everything's packed.

Very early Start off: To discover the nearly all successful reaction of supplying plus moving it is better to start out early. Possess enough amount of time in your hand when you move. The following can save you coming from stress and anxiety for the continue moment. Beginning commence may let you package safe.

Labels: When you've got satisfactory in time your hand, that can be done an important opt to your self and it's by way of marking this products. Marking the stuffs while providing them won't just assist in the course of relocating, yet can even stay clear of confusions within the end.

Throw Inadequate Stuff: If you don't want to shift by using just about any misunderstandings as well as secure way too, next the obvious way to have that is causing things that are usually useless regarding you. Tennis ball so the pointless products, this can save your own transport cost plus the investment about taking products for the same.

This isn't necessarily the difficulty which switching is a complication. Relocating is an activity which can be loved for the most effective if you find appropriate preparing inside same. Pre arranging within shifting could lend to victorious result. Among the finest organizing you can do with your transferring is actually hiring packers and moving companies for the same. Switching companies using their professionalism are equipped for the intricate periods involving separation which enables it to enjoy changing toward constructive termination.

Statistics: Posted by ashokdkrana — Mon Sep 11, 2017 9:45 am


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2017-08-06T18:13:10+00:00 2017-08-06T18:13:10+00:00 http://www.498a.org/forum/viewtopic.php?t=12649&p=103722#p103722 <![CDATA[Maintenance Related Judgements • Re: Attributes of a good lawyer - you wish your lawyer had !]]> Statistics: Posted by victimoffraud — Sun Aug 06, 2017 6:13 pm


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2017-03-23T23:04:07+00:00 2017-03-23T23:04:07+00:00 http://www.498a.org/forum/viewtopic.php?t=15385&p=103571#p103571 <![CDATA[Maintenance Related Judgements • Re: Advice needed - Ex parte DV order]]>
I realized that I have posted this under a wrong section. I will repost my q again under appropriate area.

Statistics: Posted by seekinghelp — Thu Mar 23, 2017 11:04 pm


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2017-03-23T04:52:15+00:00 2017-03-23T04:52:15+00:00 http://www.498a.org/forum/viewtopic.php?t=15385&p=103569#p103569 <![CDATA[Maintenance Related Judgements • Re: Advice needed - Ex parte DV order]]> Stay calm and do not react too much.

I do not think a DV order can be handwritten. So no DV order has been passed in my opinion.

If a DV order is passed, it can only give residence rights to wife, and not ownership. It is not a big deal.

If wife wants mutual consent divorce, it is great news. Time for celebration. Agree to it for minimum money, and get over with it.

Regards.

Statistics: Posted by anand108 — Thu Mar 23, 2017 4:52 am


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2017-03-23T03:31:57+00:00 2017-03-23T03:31:57+00:00 http://www.498a.org/forum/viewtopic.php?t=15385&p=103567#p103567 <![CDATA[Maintenance Related Judgements • Advice needed - Ex parte DV order]]>
The wife and her brother tried to forcibly make my BIL sign a mutual consent divorce agreement and "initial" a DV order that was apparently given in 2009. The DV order was a photocopy of a handwritten order stating an ex parte order for maintenance and residence. This is the first time we've seen this DV order.

My BIL now lives at MIL's house which is an ancestral house. Can the wife forcibly enter the MIL's house and claim a portion of it as hers? MIL doesn't want the wife inside her house at all. The maintenance amount is set too high because it doesn't seem to have taken my BIL's finance into consideration at all.

Can we appeal this now? Then under what section can we fight this? We would like to protect MIL's house being overtaken by this wife and lower/rid of the maintenance amount as the wife hold a masters degree and has worked (seems to work now too) and there is no child between them.

Any guidance would be much appreciated. Thank you.

Statistics: Posted by seekinghelp — Thu Mar 23, 2017 3:31 am


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2016-12-08T14:53:43+00:00 2016-12-08T14:53:43+00:00 http://www.498a.org/forum/viewtopic.php?t=15342&p=103354#p103354 <![CDATA[Maintenance Related Judgements • Re: No maintenance to qualified wife Rupali Gupta delhi HC]]> Monu Songra vs Pinki : 2016(4)RCR(criminal) 804 Pb



Well qualified wife can't sit idle

Punjab-Haryana High Court
Monu Songra vs Pinki on 29 September, 2016
Criminal Revision No. 2625 of 2014 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Criminal Revision No. 2625 of 2014 (O&M)
Date of Decision: 29.09.2016
Monu Songra ....Petitioner
Versus
Pinki ....Respondent
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Ashish Gupta, Advocate
for the petitioner.
Mr. P.K.Ganga, Advocate
for the respondent.
****
ANITA CHAUDHRY, J(ORAL) The petitioner has assailed the order dated 13.6.2014 passed by the Additional Sessions Judge, Sirsa who allowed interim maintenance of Rs. 10,000/- per month to the wife reversing the order of the Magistrate who had dismissed the application filed under Section 125 Cr.P.C.

The parties were married on 27.11.2010. The husband is a Constable in Rajasthan. There is no child from this marriage. The wife had claimed that she had conceived but it resulted in miscarriage on 1.3.2011. Allegations were made that there were demands of dowry and she was not treated well. She claimed that she was thrown out of the matrimonial home. The petition under Section 125 Cr.P.C. was filed in February 2013.

The Chief Judicial Magistrate vide its order dated 3.10.2013 dismissed the application and the reasons are disclosed in para 8 of the order which reads as under:-

"After hearing ld. Counsel for the parties and having gone 1 of 5 through record carefully I am of the considered opinion that the application is liable to be dismissed. It is admitted case of the parties that they married to each other. It is also admitted case of the parties that they got strained relations between them. It is also admitted fact that no child was born out this wedlock. It is also admitted fact that criminal case u/s 498-A IPC has been registered against the respondent at the instance of the complainant. It is also admitted case that the petitioner filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 which was dismissed as withdrawn. No doubt there are counter allegations against each other and both the parties are trying to make the other party responsible for disturbing the matrimonial life. But in this application, only one this is to be examined as to whether the petitioner is unable to maintain herself or whether he or she is having any sufficient means of income. The copy of FIR mentioned above clearly shows that the petitioner has categorically stated therein that she is physiotherapist doctor meaning thereby that she is well educated and respondent has categorically stated that she is earning 25,000/- per month. Even this amount may be exaggerated however it can be easily inferred that she might have been earning sufficient income maintain herself."
Aggrieved by the judgment, a revision was preferred by the wife. The Additional Sessions Judge, Sirsa vide its order dated 13.6.2014 was of the view that even if the wife had a professional degree it would not 2 of 5 matter and she would have to gain sufficient experience to earn and there was no allegation that she was working as a doctor in an institute or had opened her own clinic. It allowed the revision and awarded Rs. 10,000/- per month as maintenance.

The petitioner claims that the wife did not want to live with him and she had filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights but later the petition was withdrawn as he had appeared and made a statement that he was willing to keep her at his place of posting but the wife refused to accompany him. It was pleaded that the wife had got an FIR registered against him. It was also pleaded that the petitioner had concealed that she was a Physiotherapist before her marriage and was working and she did not mention this fact in her petition and it was a case of concealment. It was pleaded that his basic salary was Rs. 8550/- per month and after deduction, the carry home salary was 15065/- and the Court below had allowed Rs. 10,000/- taking the major portion of his salary, when he had his old parents to look after.

I have heard submissions of both the sides.

Counsel for the petitioner has placed on record a copy of the judgment dated 30.4.2016 to show that the trial had ended in acquittal. He has placed on record a copy of the FIR where the wife had described herself as a physiotherapist (doctor).

The submission on behalf of the petitioner was that the wife had deserted the husband and she did not want to go and live in Rajasthan and she herself withdrew the petition and it was a case of concealment of fact. It was urged that the wife had done her diploma in Physiotherapy after her 12th class and thereafter had completed her Graduation sometime in 3 of 5 2007 and the marriage took place in 2010 and the wife was working even before marriage and the Revisional Court assumed that it would take a number of years for her to settle in her profession. It was urged that the Court did not consider the fact that there was an admission that she was a Physiotherapist and this information was given by her at the time of lodging of the FIR in September 2013.

The submission, on the other hand, was that the respondent was not earning and the husband is under a duty to provide for the wife.

The wife in her petition filed under Section 125 Cr.P.C. did not disclose that she was a Physiotherapist or was earning but in the First Information Report lodged with the police in September 2013 she had mentioned that she was a Physiotherapist (doctor). The information was provided by the complainant. There was no reason for the complainant to mention that. When it has been specifically mentioned it can be assumed that she was a practicing Physiotherapist. The husband is posted in Rajasthan. It is not possible for him to collect the information whether she was running a clinic or about her income. The trial Court had noted this and had declined the application for interim maintenance and rightly so. The Revisional Court based on assumptions wrongly allowed maintenance at the interim stage. It should have taken some affidavit from the wife. The wife had to explain how that fact was introduced in the FIR. There was a categoric assertion in the FIR that she was a Physiotherapist, it appears that the wife was hiding facts. She is capable of earning. The trial Court is yet to consider the case on merits. It will have to determine whether a qualified woman who can get a job can sit idle and insist on maintenance. Everyone has to earn for himself or herself or at least make an effort and would not sit 4 of 5 idle. See Mamta Jaiswal versus Rajesh Jaiswal 2000(3) MPLJ 100. The order passed by the Revisional Court is set aside.

Before parting with the order, it is necessary to mention that the petition filed in 2013 has still not been decided. The litigation can really corrode human relationship and it is the duty of the Court to curtail it. There is no need to hurry but procrastination should not be manifest. The Courts should be in complete control over the proceedings and should not permit the lis to be prolonged and if either party is delaying the proceedings, necessary steps should be taken.

The petition is allowed. Order dated 13.6.2014 passed by the Additional Sessions Judge, is set aside.

Nothing contained in this order shall be taken as an opinion on merits. The trial Court would independently decide the case on the basis of the evidence that shall be adduced by the parties.

(ANITA CHAUDHRY)
JUDGE
September 29, 2016
Gurpreet
Whether speaking/reasoned : Yes
Whether reportable : No
5 of 5

Statistics: Posted by siranjeet — Thu Dec 08, 2016 2:53 pm


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2016-12-08T14:18:50+00:00 2016-12-08T14:18:50+00:00 http://www.498a.org/forum/viewtopic.php?t=13860&p=103353#p103353 <![CDATA[Maintenance Related Judgements • Re: Citations_Well educated wife with No work expirience !!!]]> Monu Songra vs Pinki : 2016(4)RCR(criminal) 804 Pb



Well qualified wife can't sit idle

Punjab-Haryana High Court
Monu Songra vs Pinki on 29 September, 2016
Criminal Revision No. 2625 of 2014 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Criminal Revision No. 2625 of 2014 (O&M)
Date of Decision: 29.09.2016
Monu Songra ....Petitioner
Versus
Pinki ....Respondent
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Ashish Gupta, Advocate
for the petitioner.
Mr. P.K.Ganga, Advocate
for the respondent.
****
ANITA CHAUDHRY, J(ORAL) The petitioner has assailed the order dated 13.6.2014 passed by the Additional Sessions Judge, Sirsa who allowed interim maintenance of Rs. 10,000/- per month to the wife reversing the order of the Magistrate who had dismissed the application filed under Section 125 Cr.P.C.

The parties were married on 27.11.2010. The husband is a Constable in Rajasthan. There is no child from this marriage. The wife had claimed that she had conceived but it resulted in miscarriage on 1.3.2011. Allegations were made that there were demands of dowry and she was not treated well. She claimed that she was thrown out of the matrimonial home. The petition under Section 125 Cr.P.C. was filed in February 2013.

The Chief Judicial Magistrate vide its order dated 3.10.2013 dismissed the application and the reasons are disclosed in para 8 of the order which reads as under:-

"After hearing ld. Counsel for the parties and having gone 1 of 5 through record carefully I am of the considered opinion that the application is liable to be dismissed. It is admitted case of the parties that they married to each other. It is also admitted case of the parties that they got strained relations between them. It is also admitted fact that no child was born out this wedlock. It is also admitted fact that criminal case u/s 498-A IPC has been registered against the respondent at the instance of the complainant. It is also admitted case that the petitioner filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 which was dismissed as withdrawn. No doubt there are counter allegations against each other and both the parties are trying to make the other party responsible for disturbing the matrimonial life. But in this application, only one this is to be examined as to whether the petitioner is unable to maintain herself or whether he or she is having any sufficient means of income. The copy of FIR mentioned above clearly shows that the petitioner has categorically stated therein that she is physiotherapist doctor meaning thereby that she is well educated and respondent has categorically stated that she is earning 25,000/- per month. Even this amount may be exaggerated however it can be easily inferred that she might have been earning sufficient income maintain herself."
Aggrieved by the judgment, a revision was preferred by the wife. The Additional Sessions Judge, Sirsa vide its order dated 13.6.2014 was of the view that even if the wife had a professional degree it would not 2 of 5 matter and she would have to gain sufficient experience to earn and there was no allegation that she was working as a doctor in an institute or had opened her own clinic. It allowed the revision and awarded Rs. 10,000/- per month as maintenance.

The petitioner claims that the wife did not want to live with him and she had filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights but later the petition was withdrawn as he had appeared and made a statement that he was willing to keep her at his place of posting but the wife refused to accompany him. It was pleaded that the wife had got an FIR registered against him. It was also pleaded that the petitioner had concealed that she was a Physiotherapist before her marriage and was working and she did not mention this fact in her petition and it was a case of concealment. It was pleaded that his basic salary was Rs. 8550/- per month and after deduction, the carry home salary was 15065/- and the Court below had allowed Rs. 10,000/- taking the major portion of his salary, when he had his old parents to look after.

I have heard submissions of both the sides.

Counsel for the petitioner has placed on record a copy of the judgment dated 30.4.2016 to show that the trial had ended in acquittal. He has placed on record a copy of the FIR where the wife had described herself as a physiotherapist (doctor).

The submission on behalf of the petitioner was that the wife had deserted the husband and she did not want to go and live in Rajasthan and she herself withdrew the petition and it was a case of concealment of fact. It was urged that the wife had done her diploma in Physiotherapy after her 12th class and thereafter had completed her Graduation sometime in 3 of 5 2007 and the marriage took place in 2010 and the wife was working even before marriage and the Revisional Court assumed that it would take a number of years for her to settle in her profession. It was urged that the Court did not consider the fact that there was an admission that she was a Physiotherapist and this information was given by her at the time of lodging of the FIR in September 2013.

The submission, on the other hand, was that the respondent was not earning and the husband is under a duty to provide for the wife.

The wife in her petition filed under Section 125 Cr.P.C. did not disclose that she was a Physiotherapist or was earning but in the First Information Report lodged with the police in September 2013 she had mentioned that she was a Physiotherapist (doctor). The information was provided by the complainant. There was no reason for the complainant to mention that. When it has been specifically mentioned it can be assumed that she was a practicing Physiotherapist. The husband is posted in Rajasthan. It is not possible for him to collect the information whether she was running a clinic or about her income. The trial Court had noted this and had declined the application for interim maintenance and rightly so. The Revisional Court based on assumptions wrongly allowed maintenance at the interim stage. It should have taken some affidavit from the wife. The wife had to explain how that fact was introduced in the FIR. There was a categoric assertion in the FIR that she was a Physiotherapist, it appears that the wife was hiding facts. She is capable of earning. The trial Court is yet to consider the case on merits. It will have to determine whether a qualified woman who can get a job can sit idle and insist on maintenance. Everyone has to earn for himself or herself or at least make an effort and would not sit 4 of 5 idle. See Mamta Jaiswal versus Rajesh Jaiswal 2000(3) MPLJ 100. The order passed by the Revisional Court is set aside.

Before parting with the order, it is necessary to mention that the petition filed in 2013 has still not been decided. The litigation can really corrode human relationship and it is the duty of the Court to curtail it. There is no need to hurry but procrastination should not be manifest. The Courts should be in complete control over the proceedings and should not permit the lis to be prolonged and if either party is delaying the proceedings, necessary steps should be taken.

The petition is allowed. Order dated 13.6.2014 passed by the Additional Sessions Judge, is set aside.

Nothing contained in this order shall be taken as an opinion on merits. The trial Court would independently decide the case on the basis of the evidence that shall be adduced by the parties.

(ANITA CHAUDHRY)
JUDGE
September 29, 2016
Gurpreet
Whether speaking/reasoned : Yes
Whether reportable : No
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Statistics: Posted by siranjeet — Thu Dec 08, 2016 2:18 pm


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