Wife not entitled for Maintenance in these cases Some Case laws

When there are no evidence to show that the wife has deserted you with reasonable cause court can deny maintenance in such case  In Bheekha Ram v. Goma Devi and Ors., it was held by the Rajasthan HC that, there is no maintenance to the deserting wife. Right to maintenance stems performance of marital duty. If there […]

What if Husband is living separately from parents?

If the husband is living separately from his parents and his wife residing with his parents at her matrimonial home and husband wants wife to leave his parents’ house and parents doing cruelty against the wife. Will husband get bail in that condition? When husband is living separately from his wife and his parents and […]

LATEST JUDGEMENTS ON QUASHING BY VARIOUS HIGH COURTS IN 498A/DV

Madras High Court Arunkumar vs The State Rep By on 30 September, 2020                                                   CRL.O.P.No.4373 of 2020 Therefore the entire proceedings is liable to be quashed and it cannot be sustained, […]

Best Judgements in 498a

There are many Judgements in 498a but the most used judgements are mentioned Below:- 1. Arnesh Kumar Vs. State of Bihar.. This Judgement is most commonly used especially in bail arguments and best argument to secure bail is the non-compliance of 41A notice. If you have not got 41A notice in 498a you will definitely […]

What to do if wife is threatening me to commit suicide?

Is the wife really threatened you? In many matrimonial cases I have seen wife many time threatens husband to commit suicide or attempt one. But why she do this? The reason why she do this can be plenty most common are listed below.. She wants her wishes to come true…Here you need to realize her […]

What to do if you don’t get 41A notice in false 498a case?

One of my client staying abroad had got a call from police one day asking him to join the investigation in India. The police asked my client to come to India. He recieved only call and called me that the police has asked me to come to India to join the investigation. But in my […]

How court dismisses 406 IPC…

The essential ingredient of 406 IPC is entrustment of dowry articles with proof of possession. The allegation of entrustment should be present in the FIR. The wife should be able to produce the proof of ownership. I.e Bills and photographs. As regards section 406 IPC, it be observed that in order to establish the commission of offence […]

Irretrievable Breakdown of Marriage How Supreme Court can grant Divorce…

Irretrievable breakdown of the marriage is not a ground by itself. But while scrutinizing the evidence on record to determine whether the ground(s) alleged is/are made out and in determining the relief to be granted, the said circumstance can certainly be borne in mind. The unusual step as the one taken by us herein can […]

How the proceedings under 340 CrPC Takes Place?

How complaint is filed? If the wife has committed perjury in court i.e. suppose she has stated in her examination in chief that she is not working at the time of the application and the husband brings in such record to show that she is actually working. Thus wife has committed perjury by deposing falsely […]

Difference between ‘Capable of working’ ‘Actually Working wife’

Many people think that if they are able to show that the wife is capable of working and have been working previously or employed with a good employer as well as having great qualification will not make them liable to pay anything to the wife? Many clients are satisfied by the advise that your wife […]