LI 9. Judgements for husbands who are seeking for justice

List Of Judgments Where Maintenance Denied To Wife

These are the list of judgments in which Maintenance denied to wives. These judgments will helpful to those husbands who are seeking for justice.

 1. MUMBAI HIGH COURT: Dated  17 July, 1991

Same relief (maintenance)cannot be asked twice in two different courts

2. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998

Child can claim maintenance u/s 125 from mother

3.  HIGH COURT OF P & H :  Dated 28 July 1961

Maintenance not based on Arithmetic Calculation

4.  KARNATAKA HIGH COURT: Dated 22 September 1992

Women to Prove legitimacy of child for maintenance

5.  MADHYA PRADESH HIGH COURT : Dated 24 March 2000

No Interim/Maintenance for Capable, Working Women

6. DELHI HIGH COURT  : Dated 28 July 2008

She was earning and she had not come to the Court with clean hands.

7. MADRAS HIGH COURT : Dated 22 Feb 2008

Wife Troubled -No Maintenance

8. SUPREME COURT  : Dated 23 March, 2009

SC Judgement on HMA24 - Wife working no maintenance

9. HIGH COURT OF P & H

Maintenance awarded in two sections to be offset

10. HIGH COURT OF ALLAHABAD

Old Parents, Maintenance reduced.

11. MUMBAI HIGH COURT: Dated 22 February, 2008

Perjury in 125 crPc

12.  MUMBAI HIGH COURT  : Dated Apr 2008.

Maintenance not granted as it is proved no reason to leave husbands.

13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007

Claim alimony within 6 Months of Divorce

14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

Unemployed man can not be forced to pay Maintenance

15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 December 2010

TRANSFER PETITION – Payment to Husband

16. MUMBAI HIGH COURT  :  Dated 4 Feb 2005

Maintenance not granted as it is proved that wife wants to reside separately.

17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI

Vexatious petition, maintenance, relief is declined

18. BOMBAY HIGH COURT :  Dated 14 March 2011

Perjury Judgement : Rigorous imprisonment for False Case

19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI: Dated  15 April 2011

Maintenance claim based on Affidavit dismissed

20. PUNJAB - HARYANA HIGH COURT: Dated  17 February 2011

Maintenance claim based on Affidavit dismissed

21. DELHI HIGH COURT

Husband Property Not Counted in Maintenance

22.  CHENNAI HIGH COURT  : Dated 21 June 2002

Maintenance Denied

23. DELHI HIGH COURT  : Dated 1 September, 2010

Claim of high status of husband not sufficient for interim maintenance

24.  DELHI HIGH COURT  : Dated 30 August, 2010

Multiple Maintenance petitions are not allowed

25. SUPREME COURT OF INDIA : Dated 20 July, 2010

Reduced Interim Maintenance

26.  SUPREME COURT OF INDIA : Dated  11 June, 1993

No Maintenance

27. MUMBAI HIGH COURT :  Dated  18 July, 2009

No Maintenance to Wife if RCR By Husband Succeed

28. MUMBAI HIGH COURT

Permanent Alimony Cancelled.

29. MUMBAI HIGH COURRT: Dated 2010

Income Tax and Maintenance

30. MUMBAI HIGH COURRT: Dated 18 November 2010

Income tax returns cannot decide Maintenance

31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991

Challenging the rejected interim maintenance

32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010

False affidavit, perjury procedure in 24 HMA

33. DELHI HIGH COURT  : Dated 7 September 2006

Divorce withdrawn – Maintenance to be paid

34. DELHI HIGH COURT: Dated 16 November 2004

Father In Law not responsible for Residence

36. CENTRAL INFORMATION COMMISSION

Bank Account Details and confidentiality

37. BOMBAY HIGH COURT: Dated  15 September, 2004

Return of Stridhan, Alimony and Hiding Past

38. GAUHATI HIGH COURT: Dated  23 April, 2004

Guardianship within 2 Months

39. DELHI HIGH COURT : Dated  9 March, 2010

Fine for Delaying tactics by Lawyer

40. CENTRAL INFORMATION COMMISSION

Central Information Commission - CIC Order in Passport

LI 8. Various Interim Applications

Various Interim applications list 1
i) I.A for stay of suit u/s 10 cpc
ii)I.A for clubbing of suit u/s 151 cpc
iii)I.A u/o 7 rule return of plaint
iv)I.A u/s 39 for transfer of decree i.e DTC
v)I.A u/s 94 for temporary injuctions
vi)I.A u/s 148 cpc for enlargement of time
vii)I.A u/o 6 rule to strike out pleadings
viii)I.A u/o 7 rule 14 for production of documents by plff
ix) I.A u/o 8 rule 1-A for production of documents by def
x)I.A u/o 7 rule 10 to return of plaint
xi) I.A u/o11 rule 1 for interrogatories
xii)I.A u/o 13 rule 10 for call of documents
xiii) I.A u/o 16 rule 1 for list of witness by plaintiff or defendant

.......
Adv Mohammad Akhter Hussain Alig
Patna High Court

LI 7. Basics tipa to know your case status

Basic Tips To Know Your Case Status..

Very important is to know your case number.

Case number start with type of your case, it start with two or three alphabet,
like if civil case, it will be OS,
for criminal case it will be CC,
Private Complaints it will be PCR,
to execute order of court it will be EX,
to execute final order of court it will be FDP,
to appeal for higher court it will be RA and so on.

Next will be serial number of your case of that year, serial number will be separate for different different case, start with serial number from 1st January.

Next number will the year of your case filed.

If it is OS34/2017, means Civil case of serial number 34 of the year 2017.

Every case will update daily in website.

Website address is
For all over india  http://ecourts.gov.in

From here you had to select your state,
then your district,
then in which court, your case registered.

Then you had to select, type of your case,
your case number,
then year of your case filed,
then for security reason you had to type captcha as shown their.

You will get detail of your case, status of your case and next date of your case.

If you don't know your case number, you can find your case from other options, like, name or surname of your, or name or surname of your advocates, or wuth FIR number.

Minimum knowledge and involvement is much needed to understand your case and follow up your case.

Adv Mohammad Akhter Hussain Alig
Patna High Court

LI 6. Precondition before filing PIL

In the last update have dealt with provisions undtr which PIL can be filedbefore different judicial forums. Before filing any PIL Public Interest Litigation, you must make a representation to government. In case you wish to file a PIL exposing some scam, you should first ask for action to CBI or to other appropriate Investigating Agency.

These are normal preconditions.

All PILs basically seek a writ of Mandamous. Such a writ lie when Govt refuses to take action or when it is not taking any action.

This can only happen when Govt refuses such representation or when it does not take action on such representation.

If there is non compliance of any Govt. Policy that affects masses at large than you can file PIL after making due representation and if you wants to file suit in trial court, 4 Persons can file such public interest / Representative Suit.

Adv Mohammad Akhter Hussain Alig
Patna High Court

LI 5. Provisions under which PIL can be filed

LI 5. Provisions under which PIL can be filed...

With reference to provisions under which a PIL can be filed, here are 4 points.

1) In High Court, PIL is filed under Art 226.
2) If High Court rejects, PIL, against that order PIL(SLP) is filed in Supreme Court under Art 136
3) When issue is of National Interest, PIL can be filed directly in Supreme Court under Art 32
4) If you live in a town where there is no High Court, then you can file a PIL Civil Suit in Trial Court. These are known as Representative Suits filed under Order 1  Rule 8 of CPC. In foreign countries such suits are known as "Class Action". If you want to challange validity of anly law or section, Suit under Order 27A can also be filed in Court in your town. Suit against Government for negligence etc under Order 27 of CPC.

Hope this will make it clear to you that even if you are living in small town, you have ample power to move local Court for over a 1000 PIL issues.

Adv Mohammad Akhter Hussain
Patna High Court

LI 4. Dowry Cases

LI 4. Dowry Cases:
In dowry cases, when the demand of dowry has been alleged, the onus to prove the innocence shifts to the defence. He has to prove that she died due to natural death and there was no torture and that before the cremation, the father and other relatives of the victim girl were informed and that the local police was also informed about the incident. When there is unnatural death, it is the prime duty to inform police.
 Section 202 of IPC punishes the illegal omission to give information by those who are by some law bound  to give information,  when such omission is intentional.
Section 113B of the Evidence Act provides that when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for or in connections with any demand for dowry the court shall presume that such person had caused the dowry death.

Adv Mohammad Akhter Hussain
Patna High Court

LI 3. Burden of Proof

LI 3. Burden of Proof:
In Criminal Law there is a presumption of innocence in favor of the accused and it the duty of the prosecution to prove the guilt of the accused. In Criminal trial the consideration before the court generally is as to whether the prosecution is able to substantiate the allegation levelled against the accused beyond all shadow of reasonable doubt or not and secondly how far the defence version of false implication of the accused or the denial of the occurrence is reasonable. But when the prosecution fails to place the full facts before the court the court is put in doubt as to what has actually happened and in such circumstances the benefit of doubt is given to the accused by the Court.
But when the accused relies upon the general exceptions of IPC or within any provision  contained in the IPC specifically...the burden (onus of proof)  of proof shifts on the accused  (see Sec. 105 of Indian Evidence Act).

Adv Mohammad Akhter Hussain
Patna High Court

LI 2. Case Diary

LI 2. Case Diary:  The case diary is very important document but the court do not use the diary or statements recorded therein as evidence of the case. A case diary is useful in sense that its shows in what order the facts came to light and how the evidence of various witnesses are obtained. It has been held that under section 172 (2) of Cr.PC , police diary can't be treated as evidence in a trial butvthe court is entitled to peruse it in the aid of trial.
Adv Mohammad Akhter Hussain
Patna High Court.

LI 1. How to be in courtroom?

LI1: Here some tips & information  on how to be in courtroom.
>Arriving at Courtroom.. At most of courtrooms you must go through Security Screening....
*Certain things will not be allowed in the courtroom such as seizures, knives, weapons, or any sharp objects.
* It will take some time to go through Security
*Empty your pockets
*Your bags will be searched..better to leave outside the courtroom.

>Finding your courtroom.
Once the security screening completed..find out which courtroom..you should be in. Every courtroom have a list of cases for each day. The list may be on electronic port or in printed form (Cause List). If you can find the list, go through the same and further follow the display board for your Item No. in that particular court or you may ask the court clerk for expected time. The same cause list is provided for in which courtroom and in what time your case be called upon for hearing. After that go inside the courtroom..don't wait outside because no one knows you have arrived and no one come and look for you.

>Entering the courtroom.
*Don't bring any food or drink into the courtroom.
*Before Entering courtroom turn off your cellphone or other electronic devices.
*If you see the Hon.Judge in the courtroom when you arrived,  sit down quietly and if you don't see the judge, approach court clerk, introduce your Item No. and let him know that you have arrived.
*If court has already been started..don't approach the clerk ..instead check the Cause List and be seated until your number is called upon.
*When judges cme to the court they'll go through list in order and if your number enlisted in the end ..you are required to wait for your turn. If you leave the courtroom you might miss your case.

>Addressing the Judge.
*If you are already present in the courtroom before arrival of Hon.Judge ...stand up when Judge enter the courtroom.
*When your case is called upon...stand up and walk to the table in front of courtroom and introduce yourself by giving your name and representation.
*Remember..addressed the Judge as Your Honour.
*If the Judge or another party is talking stay serious and have some kind of patience.
*when you are speaking to the Judge..stand up..and speak loudly and clearly.
*Never interrupt Judge or anyone else and wait for your turn.
*One thing must be in mind ..the Judge might know but can't give you legal advice on your case.
*If you want the Judge to see any document ..passed the documents to the clerk of the court.
* Remember..be polite and respectful.

@Feel free to ask your queries@
Adv Mohammad Akhter Hussain
Patna High Court