Blogs

Indian Courts have jurisdiction to try Domestic Violence on Indian Nationals even if it occurred abroad

The Bombay High Court ruled that a Woman who has been seperated from her husband for the past two years can file a DV complaint. It was contended by her husband that as it has been two years, a domestic violence complaint cannot be filed as they had been living separately and since the alleged  Read More

‘Shared Household’ is necessary for Domestic Violence Complaint

Wherein a woman had filed a domestic violence report, against her neighbors and there is no whisper of the fact that the alleged accused are in fact her relatives, the High Court held that the said woman cannot file domestic violence.

The Act of Domestic Violence particularly the Protection of Women Against Domestic Violence, 2005 is  Read More

18 Stages of Civil Suit As Per Civil Procedure Code, 1908

1. Presentation of plaint. 2. Service of summons on defendant. 3. Appearance of parties 4. Ex-parte Decree 5. Interlocutory Proceedings 6. Filing of written statement by defendant 7. Production of documents by parties (plaintiff and defendant) 8. Examination of parties 9. Discovery and Inspection 10. Admission 11. Framing of issues by the court. 12. Summoning And Attendance Of Witnesses 13. Hearing Of Suits And Examination Of Witnesses 14.  Read More

Dear Husbands, your wife’s parents being rich is immaterial in deciding maintenance

Where a family court rejected a woman’s interim maintenance application as she was living with her parents who are very well-to- do, she has appealed that said order before the Bombay High Court. The Bombay High Court, hearing the aggrieved wife, has held that the family court did not have the right approach to deciding maintenance  Read More

Article: Consensual Sexual Relations Prior to Marriage not resulting in marriage is not rape

In a landmark judgement, Supreme Court has defined consent in relation to sexual relations being obtained on the premise of getting married. Thus, wherein a couple had sexual relations and the consent of the woman in the said relationship was obtained on the basis that the man told her that they would get married, and  Read More

Restitution is not equal to Sexual Rights

Delhi High Court has held that an order passed for cohabitation does not give sexual rights to either party. The Court cannot enforce sexual relations between the parties. The Courts can only legally ask either party to cohabit but the courts do not and cannot enforce sexual intercourse.

Click here to view judgement

  Read More

Demand of privacy by spouse is not cruelty and thus not a valid ground for divorce

Wherein a wife demanded privacy and wanted her husband to get another house as they were living with 8 people in a 3BHK, the Delhi High Court held that the wife’s demands were valid and the right to privacy is a fundamental right that the wife is entitled to.

The petition was filed by the husband  Read More

Pheras around agarbatti same as pheras around sacred fire: SC

Wherein a man was seeking nullity on the marriage as his marriage was solemnized with pheras around an agarbatti, the Bombay High Court dismissed his appeal.

The Bench held that sacred fire has not been defined under the Act.

The court has said:

What is a sacred fire has not been defined in the Act. The fact that  Read More

Husband cant deny maintenance even if wife earns more

Wherein a husband was trying to get out of paying maintenance on the pretext of wife earning more and he has his parents to look after, Punjab and Haryana High Court decided that:

The Punjab and Haryana High Court inAmit Kumar v. Navjot Dubey,denied to accept the husbands contention and upheld the decision of the district  Read More

Property inherited from fathers becomes joint family property: SC

Wherein a property was sold to another party which had a re-conveyance deed/clause which said that in the event of resale, the said property would reconvene back to the original party. The argument here is whether said property is actually ancestral property or not. In order to arrive at a decision whether this property is  Read More

Can Blood Sample be collected without consent?

Wherein a drunk man is refusing to give his blood sample to check his alcohol level, can he be compelled to give his blood sample?

Or would the compelling of blood sample fall under the purview of violating his right to self incrimination granted to him under Art. 20(3) of the constitution of India?

 

“this Court finds  Read More

Outside the walls of marriage, rape is recognised, however within one its not. In a PIL filed before the Delhi High Court to declare Martial Rape as a ground for divorce, the same was refused.

A PIL was filed in the Delhi High Court to declare Martial Rape as a ground for divorce. The Petition was dismissed by a Division bench consisting of Chief Justice DN Patel and Justice Hari Shankar on the grounds that the Court did not have power to legislate under Article 226 of the Constitution.

It is  Read More

A victim has the right to appeal against acquittal under Section 372 CRPC, without any leave being sought, held the Supreme Court.

A Supreme Court bench consisting of Justice Kishan Kaul and Justice KM Joseph passed an order against the Allahabad High Court, where it was stated that a victim has the right to appeal against any order of acquittal of the accused under Section 372 of the Code of Criminal Procedure.

In the above case the accused-  Read More

Article on the Judgement passed by the Canadian Court: The Non- usage of protection without the consent of the other party amounts to Sexual assault, held the Ontario Court of Justice.

In a recent judgement pronounced by the Ontario Court, where a woman agreed to have sex with the man on the condition that they would use a condom, he penetrated without using the same and putting the woman to a danger of unwanted pregnancy.

The man and woman met through an online dating site where they  Read More

Any Notice delivered through WhatsApp in PDF format is valid held the Bombay HC

In an execution case filed by the SBI Cards and payments, where the Respondent was evading service of notice, the Court held that the notice can be served in a PDF format for the purpose of Order XXI Rule 22 of the Code of Civil Procedure.

The above method was adopted when the Respondent evaded calls  Read More

Mere Inconvenience of the wife to attend court proceedings is not a ground for transferring the Matrimonial proceedings: held the Calcutta HC

In an application filed under section 24 of the Code of civil procedure for the transfer of matrimonial proceedings, the Calcutta Court rejected it. The transfer application was to transfer the proceedings from Alipore to Birbhum Court on the following grounds:

That the wife has a 5 year old daughter residing with her at her parental  Read More

The term support ‟ is not to be construed in a narrow manner so as to mean bare subsistence. It covers such maintenance so as to live in a similar status as was enjoyed by the spouse in their matrimonial home., held the Delhi high Court while awarding maintenance to a husband

In the case Rani Sethi vs Sunil Sethi, the trial court had ordered the wife to pay maintenance to the husband which was challenged by the wife.

The claim by the wife was that the court has erred in considering the fact that she had to maintain her two children. Further on the perusal of records  Read More

The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversory by implementing the provisions of law suitable to their purpose, held the Madhya Pradesh High Court .

In the case of Smt. Mamta Jaiswal vs Rajesh Jaiswal, where a woman was extremely qualified and held a degree of Msc, M.C. M.Ed was not working. The husband filed a divorce against her on the grounds of cruelty, she was awarded alimony of Rs. 800/- as pendente lite alimony and travelling expenses for attending  Read More

No fixed formula can be laid for fixing the amount of maintenance under Section 25 of Hindu Marriage Act?

The Supreme Court in the case of Vinny Parmar vs Paramvir Parmar on 20 July, 2011 held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case..

The Supreme Court found only issue in  Read More

Is the power to order investigation vested in a Magistrate under the provisions of the CRPC?

A Magistrate has all the powers to order an investigation in a case if the police do not intend to investigate the case. Sections 159 and 157 of the Code of Criminal Procedure provides that a magistrate can order investigation of a case if it falls in the jurisdiction of the magistrate.

It is only under  Read More

Can a petition be dismissed without any reason?

In the case of Jitendar kumar vs State of bihar, the Supreme court emphasized on the need of the assigning reasons for any decision made. In the above case, a petition was dismissed by the High Court without assigning any reason. There was no discussion placed on the submissions made by the Counsel.

The reasons laid  Read More

Can GST defaulters be granted bail or anticipatory bail?

The Supreme court upheld the view of the Telangana High Court division bench which upheld the authority of the commissioner under the CGST act to arrest the defaulters under the CGST Act and to reject any interim relief granted to the defaulters The Supreme court conferred with the above view and clarified that anticipatory bail  Read More

Can stamp duty be charged in the retrospect on resale of old flats?

In a case before the Bombay High Court, the court held that stamp duty cannot be charged retrospectively on the resale of old flats , giving relief to prospective buyers and sellers.

The High Court stated that Stamp duty is attracted by the instrument that is the sale deed and is not attracted by the transaction.  Read More

Can non service of summons be a good ground of ignorance of ex parte decree of divorce ?

In the case of Parimal vs Veena Bharti an ex parte decree was passed where the husband obtained divorce against the wife who had refused the service of notice. There was notice sent by process server which was also refused. A public notice was also served in the newspaper. After all the above, the Court  Read More

Does the expression unable to maintain oneself mean capable of earning?

In the case of Tejaswini vs Aravinda Tejas Chandra, the issue which arose was whether the expression unable to maintain herself meant capable of earning. In this case the wife was a holder of a post graduation degree a MBA graduate, and the maintenance under section 125 of the CRPC was dismissed on the above  Read More

Can residential premises be used for Advocates office?

An advocate discharges professional services. In no way can the services of an advocate be deemed to be termed as commercial, since an advocate renders service, charges fees whereas in a commercial activity there is a practice of business/trade or commerce.

The question whether an advocates office requires registration under the Shops and Establishments Act has  Read More

A single act of adultery, a good ground to disentitle a wife from maintenance ?

Justice Alexander Thomas, in a recent order set aside the order of the family court directing that the wife will not be entitled to maintenance for one incident of adultery relying on the principle of section 125 and section 488 of the code of criminal procedure.

In order to disentitle a wife from maintenance it must  Read More

Are the Police bound to check the veracity of the complaint made ? A Five bench of the Supreme court decides.

The Supreme Court in the case of Lalita Kumari vs State of UP had to decide upon two issues mainly if the police can register a First Information Report (F.I.R) upon their discretion. Secondly,if the police are entitled to check the truthfulness of the complaint.

The Supreme Court cleared the divergent opinions of various High Courts  Read More

“When both the mother and father of the minor child are gainfully employed and are having equal financial capacity, the responsibility may have to be equally shared, held the Andhra High Court.

In the case of N. Sreeramudu, S/O. N. Narayana vs Kum. N. Lahari, decided by the Andhra High Court, the issues faced in this case were mainly two :

Whether the judgment and decree of the trial Court enhancing monthly maintenance from Rs.250/- to Rs.1500/- to be confirmed or interfered with in the facts and circumstances? If  Read More

Determination of Maintenance for working wife and minor child

In the case of Tilak Kumari & Anr. vs Sh. Anand the Delhi High Court had to determine the interim maintenance under section 18 and 20 of the Hindu Adoption and Maintenance Act.

The Court relied on the judgement of K Lalchandani vs Smt Meenu Lalchandani as follows:

This court held that wife and children have to  Read More

Both parents to maintain children

The Supreme Court held that a minor child so long as he is minor can claim maintenance from his or her father or mother. Under this Section it is as much the obligation of the father to maintain a minor child as that of the mother. It is not the law that however affluent mother  Read More

No set formula can be laid for fixing the amount of maintenance. It has, in very nature of things, to depend on the facts and circumstance of each case.

The Supreme Court in the case of Smt. Jasbir Kaur Sehgal vs The District Judge Dehradun & Ors, faced the issue of fixation of maintenance.

Th Supreme Court held that :

The wife is aggrieved only because of the paltry amount of maintenance fixed by the court. No set formula can be laid for fixing the amount  Read More

IS A QUALIFIED WIFE ENTITLED TO INTERIM MAINTENANCE ? -Karnataka HC

In the case of Dr. E. Shanthi vs Dr. H.K. Vasudev, the respondent husband had filed for
divorce. the petitioner wife had filed an application under section 24 of the hindu marriage
act for interim maintenance of Rs 5000 per month and litigation expenses of 50,000/.

The above application under section 24 was dismissed by the  Read More

Maintenance reduced for working wife

The quantum of maintenance awarded to the wife who is working was reduced as it was an admitted fact that the husband was also paying a maintenance amount to his mother which equaled around Rs. 5000 and the wife was a working woman. The maintenance amount was reduced from 6000 to 5000 per month.

Click  Read More

Income tax returns not the gospel in determining income of the Parties – Bombay H.C

The issue before the Bombay High Court was whether the interim maintenance granted to the wife and
the sons were reasonable and if they were excessive. In the following case the petitioner submitted the tax
returns of the last 3 years for the determination of the above issue.

However the court held that it would be  Read More

Is a wife who has deserted her husband entitled to maintenance u/s. 125 Crpc

Rohtash Singh vs Smt. Ramendri And Ors on 2 March, 2000 : Special Leave Petition (crl.) 2763 of 1999

This Judgement by the Supreme Court revolves around the issue which is whether a wife against whom a decree for divorce has been passed on account of her deserting the husband can claim Maintenance Allowance under Section  Read More

Whether an earning wife is entitled to interim maintenance u/s. 24 Hindu Marriage Act

Manokaran @ Ramamoorthy vs M. Devaki on 21 February, 2003

Wherein a wife was earning more than her husband who was himself earning merely Rs. 2000 per month, the Family Court Madras had passed an order wherein the said man was meant to pay Rs. 750 to his wife as interim maintenance.

Aggrieved by the said order,  Read More

Reasonable excuse’ in restitution of conjugal rights – allows for grant of maintenance

Dipti Mohanty @ Kanungo & Another vs Surya Prakash Mohanty on 12 September, 2014

Wherein the wife had left the company of her husband and he had gotten a decree for restitution of conjugal rights, the wife’s own maintenance application was rejected by the Cuttack Family Court . It is the contention of the husband (the  Read More

Right to stay with wife: a fundamental right?

The Delhi High Court has held that “Family‟, being the natural and fundamental unit of society, is entitled to protection of its integrity against arbitrary interference by the State.”

Hence when a Pakistani woman was residing in India on a long term visa, a notice was served on her to leave India within 15 days from  Read More

Daughter entitled to maintenance until married?

In this particular judgement, the Punjab and Haryana High Court tackled two questions of importance:

 

Whether the plaintiff-appellant (an unmarried daughter) is entitled to the grant of maintenance till she gets married, as required under Section 21 of the Hindu Adoption and Maintenance Act, 1956

Answering this particular question, the court was of the opinion  Read More

Both parents to maintain children, if both are working (Rajasthan HC)

Dr. A. Jairam vs Dr. A. Suman on 9 May, 2005

In this particular judgement, the Rajasthan High Court dismissed the appeal of a husband who claimed that he was not entitled to pay maintenance to his two minor sons as his wife was working as a government employee and was earning over Rs. 25,000 p.m.  Read More

Forcible Sex amounts to cruelty and is a good ground for dissolution of marriage

The Allahabad High Court has held that forcible sex, unnatural sex, sodomy caused against the wishes of the wife, and which degrades the dignity of the wife is not only a criminal offence but a good ground for dissolution of marriage under section 13 of the Hindu marriage Act.

The above judgement is in conformity with  Read More

Can Financial Deprivation amount to economic abuse under the Domestic Violence act?

The term economic abuse falls under the purview of domestic violence as provided in section 3 of the Domestic Violence Act. In the case decided by the Bombay High Court of Sapna Patel vs Ishwarbhai Patel and others, the Court upheld the decision of the first class magistrate.

In the following case, the deceased husband earned  Read More

Can a Brother in law pay maintenance under the Domestic Violence act ?

In the case of Ajay kumar vs Lata Sharuti, the husband and the brother in law were engaged in a business where they held ancestral joint hindu property and carried on the business of Kiryana store. The wife and the husband resided in the same house on the ground floor.

On the death of the husband,  Read More

Post conviction mental illness: a mitigating factor to commute death sentence to life imprisonment ?

The Supreme Court in the case of Accused X vs the State of Maharashtra held that post conviction illness is a good ground and a mitigating factor to commute death sentence to life imprisonment. . In the above case, the mitigating factor was determined after the conviction.

In the following case, X had mercilessly raped and  Read More

False and forged documents amount to contempt of court?

Whether filing false affidavit, document or statement on oath falls under the purview of contempt of court ?

Section 2(a) of the Contempt of Court Act defines contempt as criminal contempt and civil contempt.

The filing of false affidavits, forged documents and false statement on oaths falls under criminal contempt of court. Such admissions obstructs, impedes and  Read More

Extension of remand beyond 90 days : valid or void?

Requirements to extend remand beyond 90 days explained by the Supreme Court :

The Unlawful Activities Prevention Act (UAPA) provides that an accused can be kept in remand for a period of 90 days. However, a proviso to this under 43(D) 2b of the UAPA provides that such remand can be extended beyond 90 days if  Read More

Inordinate delay : a sufficient ground to quash a FIR ?

The Himachal Pradesh high court quashed the FIR lodged against actor Jeetendra,
who was alleged to have sexually assaulted his cousin. The incident was alleged to
have taken place in 1971 and the FIR was filed after 47 years. This FIR was
quashed on the grounds of:

a. Inordinate delay to file FIR : Section 468  Read More

Wife seperating husband from mother is cruelty, wife expected to be with husband’s family

In another such landmark judgement, the Uttrakhand HC has been of the opinion that a wife separating her husband from his mother would amount to cruelty.

Justice Dhulia and Justice Khulbe opined that:

“In normal circumstances, the wife is expected to be with the family of the husband after marriage because she becomes an integral a part  Read More

Accused cannot indefinitely be kept in jail if registered surety is not produced- Supreme Court

The Supreme Court has ordered CMM, Kolkata to modify their orders in granting bail without registered surety. Bail was granted to one Wasim on the production of registered surety. Wasim claimed that he was a resident of Nagpur and thus cannot produce registered surety and his mother is critically ill and he needs to be  Read More

Supreme Court Directs High Court to give ‘reasons’ in support of judgement

The Supreme Court, asked the Patna High Court, to give reasons to support their conclusion at reaching a judgement of approval or rejection of an appeal. After an appeal and noticing that the High Court had not given any conclusion to the decision that they arrived at, the Supreme Court under s.482 CrpC said:

“Time and  Read More

Delhi High Court waives off 18 month of seperation period before granting of divorce

Delhi High Court, has waived off the cooling off period of a woman who wanted to get re-married to an NRI who was only in India for a limited period.

The Delhi High Court judge opined that the 1 year of seperation necessary before filing the first motion of divorce, plus the six months of the  Read More

Supreme Court on Domestic Violence- Husband has to pay maintenance even if wife is well educated

The Supreme Court recently enhanced the interim maintenance order of a woman who is educated from 9,000 to 25,000 INR. The High Court had rejected the woman’s plea to enhance the order of maintenance to deal with her day to day expenses on the grounds that the woman was well-educated and she was capable of  Read More

I now pronounce you divorce- Book by Siddhartha Shah

I now pronounce you divorced is a short real life divorce stories which were handled by Siddhartha Shah, Senior Counsel specializing in divorce matters. The book will give you insights on the workings of family law and a sensible and balanced insight on divorces through the eyes of someone who sees clients coming to him  Read More

Marriage without Sat Pheras?

Is a marriage valid in Hindu culture without the happening of the saat pheras also known as Saptapadi around the sacred fire.

In the case of S. Nagalingam vs Shivagami, 2001 7 SCC 487, the court observed that the marriages without the saat pheras are also valid and marriages performed as per rituals of the parties  Read More

Siddhartha Shah- Featured in Consultants Review Magazine

Prominent Lawyer Siddhartha Shah is featured in Consultants Review Magazine. Click below to view his story.

 

Click here to read the whole article

 

  Read More

COUNSELOR REPORTS TO BE RELIED ON- SUPREME COURT

Supreme Court states that relying on the counsellor reports for deciding the custody and parental privileges would not be breaking confidentiality and it would actually be assisting the courts in arriving at a decision “which is in the best interest of the child” as that is the legal measure to be used in determining custody.The  Read More

Mere Refusal to marry is not instigation for suicide

Chattisgarh High Court held that mere refusal to marry is not an instigation under section 306 of the Indian Penal Code. If that was the case, then the court would be full of hundreds of litigants.

In order for section 306 to apply, it is important to prove that the accused actually instigated the victim to  Read More

Bombay HC- allows woman to give consent for divorce through skype

Bombay High Court in a recent judgement allowed for a woman living in US who had named her father as her POA holder to give consent via skype and allowed her to make her statements/give consent/recording of the consent terms via skype.

Her petition under 13B of the Hindu Marriage Act was rejected by the family  Read More

Siddhartha Shah featured in Business Today- Here’s what you should do when getting a divorce

Siddhartha Shah, a prominent lawyer featured in this edition of Business Today, regarding an article on ‘Here’s what you should do when getting a divorce’

Click here to view said Article

  Read More

A Policeman cannot issue notice to the Accused under 202 CrPC

In a supreme Court judgement, it was held that a policeman cannot issue notice to the accused as that would be widening the scope of section 202 of the Code of Criminal Procedure. If the Policeman was allowed to issue notice, it would be providing the cop with more power than that of the Magistrate  Read More

HABEAUS CORPUS IN CHILD CUSTODY CASES? SC APPROVES

Wherein the physical custody of the child was with the grandparents, who are not the legal guardians of the child, the father of said child filed a habeaus corpus writ. The High Court, in accordance to that, was of the opinion that the child was being detained by people who are not his legal guardian  Read More

CERTIFICATE NOT REQUIRED FOR ELECTRONIC EVIDENCE U/S. 65B WHEN FILING CHARGESHEET

The Supreme Court held that the prosecution not having a certificate u/s. 65 B for the admissibility of a video recording at the stage of registering the charge sheet would not harm their case and nor deny them the right to admit said video into the recording as the said certificate is required at the  Read More

DIVORCE AND FINANCES- An Article

Divorce is a new and unexpected milestone in a lot of young metropolitan adult lives. No-one plans for it and yet the divorce rates are fast rising. Even the number of judges have been increased and special family courts have been created to deal with the fast rising divorce rates.

Unlike the western world wherein the  Read More

REMARRIAGE AFTER HOW MANY DAYS?

Bombay High Court in a full bench judgement has held that a Hindu can remarry after 90 days of being granted a divorce provided that there is no appeal pending against such order. The question that came before the Bombay High Court was one of interpretation of law wherein Family Courts Act, 1984 provides a  Read More

Successive Bail Applications to be placed before same judge- Supreme Court

The Supreme Court, citing various other judgments was very clear that ‘forum shopping’ when it comes to anticipatory bail applications is not allowed and if a successive bail application is filed, it ought to be filed before the same judge.

The Supreme Court set aside the bail application granted by the High Court and was of  Read More

CORROBORATIVE EVIDENCE REQUIRED IN DYING DECLARATIONS

Supreme Court, while dismissing a high court order, was of the view that corroborative evidence is required even in the case of dying declarations when the deceased’s state of mind is in question.

Wherein a woman had suffered 98% burns on her body and had made a dying declaration holding her husband and mother-in-law responsible, the  Read More

BOTH PARENTS REQUIRED TO MAINTAIN THE CHILD

In a Delhi High Court Judgement, wherein a father contested whether he needs to pay maintenance towards the child if the wife is earning sufficiently well, the Delhi High Court contended that:

It is a settled principle of law that both the parents have a legal, moral
and social duty to provide to their  Read More

RIGHTS OF ILLEGITIMATE CHILDREN – An Article

 

Law is ever changing and it constantly adopts itself to the needs of the society. What is illegitimate now may be legitimate later. Law is forever acclimatizing to the changing culture of todays society. Practices such as sati and untouchability were both prevalent at one point in India and were later repealed by a statute  Read More

NOT COMPLYING WITH TERMS OF COMPROMISE WILL AMOUNT TO CONTEMPT OF COURT

The Supreme Court, in a judgement by His Lordship Judge Banumathi, told a couple going through a mutual consent divorce who had arrived at certain consent terms through mediation, to follow up and comply with the consent terms arrived at in mediation or else, they would be held in contempt of court.

Justice Banumathi held that:

“In  Read More

MARRIAGE WITH MINOR GIRL VALID IF SHE IS WILLING TO COHABIT AFTER ATTAINING MAJORITY

The Bombay High Court in a surprising judgement declared that a marriage performed with a minor girl who was 14 years of age at the time of the marriage is valid after the said girl has attained majority as she herself is willing to cohabit with the Petitioner. The High Court even stayed the proceedings  Read More

ESTIMATE TO BE DRAWN ABOUT HUSBAND’S SALARY

Wherein the husband is trying to hide his salary, the court is of the opinion that the court can estimate the salary of the husband in order to award maintenance to the wife. In this case, the court looked at the able bodied man who was an ex-serviceman and estimated that even if he was  Read More

MOTHER AND FATHER NOT ‘EQUALLY’ BOUND TO PAY CHILD’S EXPENSES

Making an astonishingly logically sound argument albeit not sounding sexist, the Delhi High Court has held that parents are not ‘equally’ responsible for a child’s expenses. In a case wherein the mother was granted custody of the child,the court held that the mother spends a lot of time with the child in his upbringing and  Read More

MOTHER CANNOT GIVE UP THE MAINTENANCE RIGHTS OF HER DAUGHTER

Wherein consent terms were arrived at by both parties and the mother gave up her right to maintenance, stridhan, and alimony, the Supreme Court had no issues. However, finding fault with the mother giving up her child’s maintenance in consent terms, the Supreme Court opined that a mother does not have the right to give  Read More

ORAL AGREEMENTS AND THEIR ENFORCEABILITY

Every novice in law is taught Contracts Act from the very beginning and it is very clear that in the Contracts Act, in order for an agreement to be valid, there ought to be a valid contract and there ought to be the following :

A proposal Acceptance of said proposal Lawful object (which is being dealt with) Consideration  Read More

NOT NECESSARY TO ESTABLISH MOTIVE FOR PROSECUTION

Supreme Court recently adjudicated that it is not necessary for the prosecution in a case where there is circumstantial evidence present about the guilt of a police officer, there is no need for establishment of motive for the same.

While the presence of motive would be helpful the court was of the opinion that the lack  Read More

Can confessions be made before an Executive Magistrate?

Punjab and Haryana High Court have held that confessions made before a Executive Magistrate in the presence of the police are to be held admissible as per section 26 of the Indian Evidence Act.

Section 26 of the Indian Evidence Act reads hereunder:

26. Confession by accused while in custody of police not to be proved against  Read More

HUSBAND: BEG BORROW OR STEAL TO MAINTAIN WIFE

Justice H. S Madaan, Punjab High Court concluded that the imprisonment of a man for non payment of maintenance is only a means to an end and imprisonment does not discharge his duty to pay the maintenance amount.

It was observed: Sentencing a person to jail is a ‘mode of enforcement’. It is not a ‘mode  Read More

FAMILY COURTS TO GIVE AMPLE TIME TO FILE WRITTEN STATEMENTS AND NOT CLOSE THE RIGHT TO DO SO IN HASTE

High Court urges Family Courts to not close the right to file written statement, or to lead evidence or to close cross examination in haste.

The Delhi High Court has especially urged Family Courts in matrimonial matters to separate the chaff from the grain as a lot of these matters are hyped up and the Courts  Read More

CAN PENSION BE ATTACHED TO RECOVER MAINTENANCE. COURT SAYS YES

Click to view judgement

In this Bombay High Court judgement, Justice M.G Giratkar adjudicated that a government given pension can be attached to recover maintenance amount and it does not violate s. 11 of the Pensions Act which states that the pension cannot be attached in civil disputes at the instance of creditors. Justice M.G  Read More

ABUSE IN FILTHY LANGUAGE IS NOT SUFFICIENT TO ATTRACT 504 & 506 IPC

Click here to view Judgement

 

The Supreme Court has declared that for an offense to attract the provisions of Section 504 & 506 of the IPC, it should be to such a high degree that it should cause a person who has been insulted to disrupt public peace. Wherein a man was insulted in his  Read More

DIVORCE PETITIONS CAN NOW BE FILED VIA POWER OF ATTORNEY

Click to view judgement.

 

Justice Kurian Joesph, Kerala High Court in a new judgment has allowed for the filing of a divorce petition via a power of attorney holder.

  Read More

DOMESTIC VIOLENCE ACT NOT APPLICABLE AFTER DIVORCE

Click here to view judgement

Bombay High Court, in this judgement narrowed down the purview and scope of the Protection of Women Against Domestic Violence Act. Only partners in a ‘domestic relationship’ can seek protection under this Act.

  Read More

IS SIX MONTHS WAITING PERIOD MANDATORY IN DIVORCES?

Click here to view judgement

A lot of questions come to divorce lawyers about the waiving off of the six month waiting period in a mutual consent divorce.

These are the following circumstances in which the six month waiting period can be waived off:

the statutory period of six months specified in Section 13B(2), in addition to  Read More

TRANSWOMAN- A ‘BRIDE’ UNDER HINDU MARRIAGE ACT, 1955

Click to view judgement

Hon’ble Justice Swaminathan, Madras High Court, adjudicated in this particular judgement that Transwomen would be considered a bride under the definition of ‘bride’ in the Hindu Marriage Act. This was a revolutionary judgement widening the definition and scope of a bride under this Act thereby granting a  Read More

HOW TO REGISTER YOUR MARRIAGE


Did you know that marriages have certain customs and ceremonies and without the completion of all of the ceremonies, a marriage is not even considered a legal marriage? Imagine a scenario wherein you and your partner are living happily for many years and suddenly he deserts you and marries someone else. Imagine being left  Read More