Daily Archives: June 26, 2007

498A not only against husband but also against husband’s father, mother, brother, sister, etc.

Supreme court of India !!! :

“………..The appellant has also filed a maintenance petition against her husband. What can she possibly get by prosecuting him as well as his family members? 

The appellant filed the criminal case under Section 498A etc.  not only against her husband but also against her husband’s father, mother, brother, sister, etc.

In exercise of our discretionary jurisdiction under Article 136, we are not inclined to interfere with the impugned Judgment of the High Court quashing the criminal case filed by the appellant.

After all, the appellant will not get any benefit by sending her husband or his family members to jail.  She is pursuing her maintenance case, and if she is so advised she can also file a suit for damages, which if filed will be decided on its own merits. ….”

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Appeal (civil) 5131 of 2006 – Lekha V P. Anil Kumar – Custody of Minor, child interviewed

Custody of Minor. Boy of 12 years. Child interviewed and the child wishes to be with the mother. Welfare of the child Paramount. Mother’s second marriage NOT important in deciding custody in this case.

Mother shall hand over the child to father during every mid summer vacation for about a month without adversely affecting the child’s education. Father to be provided sufficient access. Mother not to prevent father from giving gifts.

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Appeal (civil) 5779 of 2006 – Sujata Uday Patil Vs Uday Madhukar Patil. – maintenance and second marriage

Divorce. Maintenance to Son and wife. Wife earns Rs. 2000 p.m.. Husband supposed to earn Rs. Rs.8,423/. Difficulties in giving immovable property in lieu of maintenance. Divorce Granted. One time maintenance fixed at Rs. 8 Lakhs

Validity of Second marriage during pendancy of appeal over earlier divorce decree etc discussed.

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SANTA SHARMA vs SUSHIL SHARMA. SC of India. 16/02/2000

Wife abducts kid from US to India. Wife also claims that Husband is an alcoholic. One of the children is a girl aged 5.

India NOT a signatory to the Hague convention – either the 1900 convention or the latest “..Convention of 25 October 1980 on the Civil Aspects of International Child Abduction..”.

The convention can be found at http://www.hcch.net/index_en.php?act=conventions.text&cid=24

Signatories to 1980 convention http://www.hcch.net/index_en.php?act=conventions.status&cid=24 Court opines that one child is a five year old girl child and the two children cannot be separated from each other. Father’s habits also are discussed.

Wife gets custody.

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