The important portions of the full judgment are made bold below: http://lobis.nic.in/dhc/AS/judgement/03-07-2010/AS02072010CMM10452008.pdf CM(M) No.1045/2008 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.1045/2008 & CM No.13003/2008 Date of Decision : July 02, 2010 SMT. SUSHILA DEVI ….. Petitioner Through: Mr.K.Sunil, Advocate with Petitioner in person. versus SHRI JOGINDER KUMAR ….. Respondent Through: Mr.Saurabh Tiwari, Advocate with Respondent in person. CORAM: HON’BLE MS. JUSTICE ARUNA SURESH (1) Whether reporters of local paper may be allowed to see the judgment? (2) To be referred to the …[Continue Reading]
Madras HC relies on Rajasthan HC judgment in HMA 24 case
Normally, the Supreme court judgments set a precedent on High courts in India. It is not normal that a state HC will use as precedent a judgment of another state’s High court of India. However, in this maintenance case under Hindu Marriage Act HMA Sec 24 below, the Madras HC has relied upon a Rajasthan HC judgment. What this means is that one could use judgment of another HC in one’s arguments to bolster their case if it does. ————————————————————————————- IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:4-11-2006 CORAM : THE HONOURABLE MR.JUSTICE S.ASHOK KUMAR C.R.P.PD.Nos.1505 and 1506 of …[Continue Reading]
Delhi High Court slaps fine for vexatious maintenance case on already divorced woman
Justice S N Dhingra of Delhi High Court gives a judgment which bars a woman who was having a prior mutually agreed divorce settlement from filing a fresh maintenance case on husband. The interesting part is that court slapped a fine of Rs 10,000 on the woman for filing a frivolous and vexatious case. See news below: http://www.prokerala.com/news/articles/a110246.html The Delhi High Court Monday slapped a fine on a woman for contempt, taking serious note of the fact that she had concealed she was employed and continued to claim maintenance from her husband, and filed cases against him despite an undertaking …[Continue Reading]
Have a short marriage, and screw husband for life!
I read with interest the news item reported in DNA Mumbai, esp. the headline which is so deceptive. The headline says – Short marriage, small alimony http://www.dnaindia.com/mumbai/report_short-marriage-small-alimony_1336414 Well, here is my take on this deceptive, putting wool over the eyes of public kind of news headline. The news says: A wife of two and a half months wanted her separated husband to bear the expenses of her higher education in the US. The Bombay high court said no. The court refused to enhance the interim maintenance for the woman, a Pune-based dentist. So far so good… we are on track, …[Continue Reading]
Principles and procedures in deciding maintenance under HMA 24
This Delhi High Court(HC) judgment talks about the fact that if wife withdrew large sums of money from joint account of husband, which could not be accounted for in household expenditure; then trial court was not correct in award of maintenance amount without taking this fact into consideration. The case was sent back to trial court to take into account this crucial fact. ——————————————————————– IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SECTION 13(1)(I)(A) OF THE HINDU MARRIAGE ACT CM(M) No.367/2007 RESERVED ON : 02-04-2007 DATE OF DECISION: 17-04-2007 Alok Kumar Jain ……. Petitionerthrough: Mr.Sandeep Sethi, Sr. …[Continue Reading]
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