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
In what could be a termed as a massive shift for precedential value of a Judgment, the Supreme Court recently emphasized the critical importance of explicitly stating the intended purpose and scope of a judgment within the judgment itself. In a significant observation, the Court elaborated that not every judicial pronouncement automatically qualifies as a […]
The Supreme Court repeated a significant observation regarding rape cases, emphasizing that when a conviction relies solely on the testimony of a single witness, particularly the victim herself, such evidence must inspire absolute confidence in the Court. The Court, while acknowledging the substantial weight given to victim statements in such sensitive cases, stressed the paramount importance of […]
The Punjab & Haryana High Court has ruled that the “ordinary residence of a child” determines which court has jurisdiction in custody cases under the Guardianship & Wards Act, not the child’s “natural guardianship.” The court emphasized these two concepts cannot be mixed. Under Section 9 of the GWA, custody applications must be filed where […]
The Bombay High Court recently ruled that a wife filing a false complaint against her husband merely to correct his behavior constitutes cruelty and undermines normal marital harmony. In the instant case, the wife admitted that the case was false and was filed just to correct the behavior of the husband, which in other words […]
The Calcutta High Court on Friday set aside an order for monthly interim maintenance of Rs 80,000, previously granted by the trial court to a wife. Justice Suvra Ghosh noted that the wife had already received Rs 32 lakhs from the husband under a memorandum of understanding and was employed herself. The court held: Given […]
Supreme Court in a significant ruling held that a wife is entitled to claim maintenance under Section 125 of the Cr.P.C., even if she refuses to live with her husband despite a decree of restitution of conjugal rights. Thus a husband filing Restitution of Conjugal Rights case is now futile. The bench of CJI Sanjiv […]
SLP (Crl.) No. 1093/2021 Supreme Court of India in its recent decision clarified and highlighted the essential ingredients for invoking Section 354 of the Indian Penal Code (IPC) now as Section 74 of Bhartiya Nyay Sanhita (BNS). This landmark judgment provided a comprehensive analysis of the concepts of “criminal force” and “intent to outrage the […]
CRL.P 14463/2024 The Karnataka High Court recently delivered a significant ruling in the case involving the tragic suicide of Atul Subhash. The landmark case sheds light on the legal interpretation of “abetment of suicide” under Section 306 of the Indian Penal Code (IPC). The decision is particularly noteworthy as it deals with the ingredients necessary […]
Daughter-in-law Given Compassionate Job On Husband’s Death Has To Maintain Mother-in-law: Punjab & Haryana High Court The Punjab & Haryana High Court ruled that a widow, who obtained a compassionate job after her husband’s death, must financially support her elderly mother-in-law. The widow, earning ₹80,000/month, was ordered to pay ₹10,000 per month in maintenance. The […]
Introduction Section 482 of the Code of Criminal Procedure gives very wide powers to the High Court to exercise it for securing the ends of justice. This provision gives inherent powers to the High Court that can be exercised to prevent the abuse of law. Vikas Bohat v. State of NCT of Delhi [CRL.M.C. 6927/2022]: […]