Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
1. Background. There are presently approx 400 ongoing cases in Western Cond for grant of maint alice. The No of cases is two to three times higher than the No of cases handled in any other comd at present. A number of maint alice cases are delayed in various stages of processing. Details of present […]
The Punjab and Haryana High Court (High Court) recently imposed a fine of Rs. 50,000 on a woman who filed a criminal complaint against her husband with malicious intent. The case highlights significant concerns about the misuse of legal processes and the importance of upholding judicial integrity. Brief facts of the case The marriage between […]
The laws in India related to Divorce were not codified for most religions till not a long time ago. Hindu Males were allowed unlimited polygamy till 1955 and till 1939 a Muslim Woman could not seek divorce from her husband basis their personal laws. Amongst the talks of Uniform Civil Code in the background, which […]
SECTIONS STAGES 154 REGISTRATION FOR FIR UNDER COGNIZABLE OFFENCE 157 COMMENCEMENT OF INVESTIGATION 167 REMAND (NOT NECESSARY IN ALL CASES) 173 (2) FILLING OF CHARGE SHEET BEFORE COURT (MOSTLY MAGISTRATE COURT) 173 (2) 190 (1) b MAGISTRATE TAKES COGNIZANCE OF CASE 190 (1) (b) 204 ISSUANCE OF SUMMONS/WARRANTS TO ACCUSED 207 SUPPLY COPY OF POLICE […]
Introduction The High Court of Punjab and Haryana (High Court) imposed fine on two women recently in two separate cases. Wives have settled the matrimonial disputes with their husbands wherein they also accepted permanent alimony after divorce. The dispute between the spouses got settled however, women refused to cooperate during quashing of criminal cases against […]
The principles of agency are not applicable on The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, referred as SHWW Act hereafter. Which means that SHWW Act doesn’t impose any statutory, criminal as well as civil, liability on the employer for the acts of sexual harassment by employees. As a rule, […]
Introduction Recently, the Punjab and Haryana High Court passed a fantastic decision of wherein it has taken a very balanced stand. The High Court took a stern step against the woman litigant for misusing the process of law to harass her husband. In this case, the Court pointed out that Section 498A of the Indian […]
Introduction The Supreme Court of India (Apex Court) has recently imposed a cost of Rs. Five Lakhs on a woman’s father for lodging false cases under Section 498A of the Indian Penal Code (IPC) at different cities/ States against the husband with the sole purpose to harass him. Parteek Bansal v. State of Rajasthan & […]
Marital Rape – Marriage, Sex and My Choice Marital Rape is defined as an act of sexual intercourse with one’s spouse without the consent of the other spouse. It is quite a recent phenomenon that has caught the Western world’s fancy. Till the 1970s, very few countries considered marital Rape as a crime, and now talks […]
What is LOC or Look Out Circular? Look out, circular (LOC) has no perfect legal definition. It is more of a medium by which authorities worldwide issue a different kind of circular letter to check whether any law enforcement agency in the country wants a travelling person. The world over, such circulars are known by […]