Anil Srivastav Advocate, Blogs

The question has arisen, is whether any directions are called for to prevent the misuse of  Section 498A IPC , as acknowledged in certain studies and decisions. The Landmark Judgment Given by the Hon’ble Supreme Court of India in Rajesh Sharma & ors Vs State of UP & Anrs The complainant alleged that she was married to appellant No.1 on 28th November, 2012. Her father gave dowry as per his capacity but the appellants were not happy with the extent of the dowry. They started abusing the complainant. They made a demand of dowry of Rs.3,00,000/- and a car which the family could not arrange. On 10th November, 2013, appellant No.1 dropped the complainant at her matrimonial home. She was pregnant and suffered pain in the process and her pregnancy was terminated. On the said version, and further version that her Stridhan was retained, appellant No.1 was summoned under  Section 498A  and  Section 323  IPC. Appellants 2 to 5 were not summoned. Order...

The Hon’ble Supreme Court’s bench of Aftab Alam and Dr. Arijit Pasayat JJ, in CHATURBHUJ VS SITA BAI Observes: Courts to consider status of the Parties, their respective needs, capacity of husband to pay, having regard to reasonable expanses for his own  maintainace  and other legal obligation. While deciding the SLP arrived due to impugned order passed by the High Court, ther Hon’ble court after granting the relief to the appellant the court further observed While dealing with the ambit and scope of the provision contained in   Section 125   of the Code, it has to be borne in mind that the dominant and primary object is to give   social justice to the woman, child and infirm parents etc. and to prevent destitution and   vagrancy by compelling those who can support those who are unable to support themselves   but have   a moral claim for support. The provisions in   Section 125   provide a speedy remedy to those women, children...

The Income Affidavit contents to be filled in the Court while the trial of Domestic violence Act and Hindu Marriage act Petitions as According to   Kusum Sharma vs Mahinder Kumar Sharma on 14 January, 2015 Author: J.R. Midha  . While deciding the petition the Honble High Court of Delhi directed to file the income details by both the parties directed to file their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing the following particulars:-- 7.1 Personal Information (i) Educational qualifications. (ii) Professional qualifications. (iii) Present occupation. (iv) Particulars of past occupation, (v) Members of the family. (a) Dependent. (b) Independent. 7.2 Income (i) Salary, if in service. (ii) Income from business/profession, if self employed. (iii) Particulars of all earnings since marriage. (iv) Income from other sources:-- (a) Rent. (b) Interest on bank deposits and FDRs....