Maintenance Reduced to 50% by Hon’ble Supreme Court this is how?

The Hon’ble Supreme court in this judgement of Bhushan Kumar has reduced the maintenance on behalf of husband to 50% The husband was earning around Rs. 34000/- He argued that only Rs. 9000/- is left for him and trial court has put up maintenance of Rs. 10000/- The Hon’ble Supreme court reduced the maintenance to […]

Modification of Maintenance under 25(2) DV ACT

Article on Section 25(2) of The Protection of Women from Domestic Violence Act, 2005 Section 25(2) of The Protection of Women from Domestic Violence Act, 2005 provides for alteration, modification or revocation of maintenance if there is a change in circumstances so warrant. Section 25(2) can be used if you are ordered to pay maintenance […]

Do not do this during Bail hearing in 498a?

The Bail is the discretionary relief and there is no prediction whether a bail is to be given or not. With so much of un predictability there comes something from the Judge side. Now in 498a bail case sometimes judge may ask you to settle the case and may ask for an offer from your […]

How to add Your evidence in investigation only in 498a

I see many number of clients who have evidence with them and waiting for the Defence evidence stage to use it. The problem with this is sometimes the best possible evidence cannot be produced by the husband to prove his innocence. Now if the husband is saying that his relatives where not present at the […]

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 […]