3 years, 2 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against the order of the Sessions Court, Kandhar granting life imprisonment to the accused for offences under Section 498, 307 and 316 of the Indian Penal Code. READ: 'In-laws not living in same house': Court grants relief to elderly couple in domestic violence case In the complaint which was filed, the pregnant woman had allegedly been kicked in her stomach while the in-laws tried to strangulate her using a nylon rope, which caused her bodily harm and also led to the termination of the pregnancy. The high court, while agreeing with the conviction order of the sessions court, observed that even mental torture or abnormal behaviour may amount to cruelty or harassment in a given case.

Woman Bombay Court Upholds observed high case abortion forced hc inlaws conviction rs court upholds bombay woman order husband violence tried

History of this topic

3 days, 10 hours ago

Threatening Or Attempting Suicide Is 'Cruelty' And Valid Ground For Divorce: Bombay HC

ABP News

A spouse threatening or attempting to commit suicide amounts to 'cruelty' and is a valid ground for divorce, the Bombay High Court has said. Justice R M Joshi of the high court's Aurangabad bench in the order last month upheld the decree passed by a family court dissolving a couple's marriage. This amounts to cruelty under provisions of the Hindu …

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’

Trending News

4 days, 13 hours ago

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’

The Hindu

The Supreme Court on Wednesday stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape. Gavai said the observations made by a Single Judge Bench of Justice …

4 days, 13 hours ago

SC stays Allahabad HC’s ‘grabbing of breast, pulling string not rape’ ruling

Live Mint

The Supreme Court stays Allahabad HC observations which said mere grabbing of breast, pulling string of 'pyjama' do not amount to offence of rape, a PTI alert said. SC also issued a notice to the Centre, Uttar Pradesh government and others asking for responses in the suo motu proceedings on the Allahabad HC March 17 order. On March 17, the …

4 days, 19 hours ago

Threatening to commit suicide amounts to cruelty towards spouse: Bombay High Court

India Today

The Aurangabad bench of the Bombay High Court has ruled that threatening a spouse and their family with imprisonment by threatening or attempting suicide constitutes cruelty, providing grounds for divorce. Justice RM Joshi made this observation while upholding a divorce granted to a husband who claimed to have faced cruelty from the wife. The court noted the wife's inability to …

2 weeks, 3 days ago

Falsely Labelling Police Constable Husband As A Terrorist Cannot Be Ignored, Caused Severe Mental Torture: Madras High Court Grants Divorce

Live Law

While granting divorce to a police constable, the Madras High Court recently observed that the wife's complaint against him alleging that he had an extra-marital affair and that he had a connection with terrorist organizations could not be ignored as the same would cause severe mental torture and would amount to mental cruelty. The high court, however, noted that due …

1 month ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

1 month ago

Bombay High Court grants bail to mother accused of sexually assaulting own child

India Today

The Bombay High Court has granted bail to a 28-year-old mother accused of severely abusing and sexually assaulting her five-year-old son, observing that no mother would beat her own child, as alleged in the case. He pointed out that the woman had taken the child to multiple hospitals for treatment, demonstrating that she had done everything possible to provide the …

1 month, 1 week ago

Bombay HC grants bail to man arrested for rape of minor girl, says ‘she had stayed with the applicant for four days…’

Live Mint

The Bombay High Court granted bail to a man arrested for allegedly raping a minor girl in 2019, saying she had voluntarily stayed with him and had “consensual encounter”. However, the facts of the present case indicate that she had sufficient knowledge and capacity to know the full impact of her actions and what she was doing and had only …

1 month, 1 week ago

Bombay High Court grants bail to man booked for raping minor girl

Op India

A 24-year-old man who was charged with raping a 14-year-old girl was granted bail by the Bombay High Court on 17th February. The court noted that the victim ‘voluntarily’ stayed with the accused for four days and had ‘sufficient knowledge’ and ‘capacity’ to understand the ‘full consequence of her acts’. Prima facie the statement appears to be suspect.” “The conduct …

1 month, 1 week ago

Bombay HC Upholds Ex-Army Officer’s Jail Term for Assaulting Minor

Deccan Chronicle

Mumbai: The Bombay High Court has refused to quash a court martial order sentencing a former Lieutenant Colonel to five years' imprisonment for sexually assaulting an 11-year-old girl, noting the victim was well aware of the "bad touch". The girl's demonstration in court regarding the specific manner in which the accused behaved with her once her father left the room …

1 month, 2 weeks ago

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Live Law

The Bombay High Court on Thursday while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of …

1 month, 3 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

2 months, 1 week ago

Bombay High Court acquits a father convicted of raping his daughter by trial court

Op India

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. The father looked after the alleged victim and her brother The Judge noted that the complaint was filed 7 years after his wife left the appellant. The judge also took notice of the fact that …

2 months, 2 weeks ago

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

Live Law

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while …

2 months, 2 weeks ago

High Court upholds divorce over woman's false case to change husband's behaviour

India Today

The Bombay High Court has upheld a Thane Family Court judgment dissolving the marriage of a couple, ruling that filing false allegations of cruelty against a spouse constitutes mental cruelty. A division bench comprising Justices GS Kulkarni and Advait Sethna dismissed the wife's appeal challenging the Family Court's decision, which had granted divorce in favour of the husband on grounds …

2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Trending News

2 months, 2 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

2 months, 3 weeks ago

Bombay High Court upholds 10-year jail term for man who sexually assaulted minor

India Today

The Nagpur bench of the Bombay High Court on Thursday upheld the 10-year rigorous imprisonment handed to a labourer for sexually assaulting a Class 5 student. The bench of Justice GA Sanap was hearing an appeal filed by Manoj Bhise, who sexually assaulted a 10-year-old girl. The assaults, reported to have taken place in October 2017 and March 2018, came …

2 months, 3 weeks ago

Bombay High Court denies bail to man accused of raping minor granddaughter

India Today

The Bombay High Court has refused to grant bail to a watchman of a Mumbai housing society accused of sexually assaulting his step-granddaughter. Additional Public Prosecutor Mayur Sonavane opposed the bail plea while submitting that the nature of the offence is serious and the accused by virtue of being related to the victim through her grandmother may tamper with the …

3 months ago

HC upholds life sentence of man for sexual assault of 2-yr-old daughter

Hindustan Times

MUMBAI: The Bombay high court recently upheld the life sentence of a man for sexually assaulting his two-and-a-half-year-old daughter. The trial court had convicted the father for repeatedly committing rape on his own daughter and had imposed life sentence on him. In the high court, additional public prosecutor Dr. Ashvini Takalkar inferred the guilt of the father by presenting medical …

3 months ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

Live Law

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. The allegations are general in nature and the petitioner herein has been named only in the cause title of the petition under Section 156 of Cr. "The materials in the case diary also shows that the allegations are general in nature and the …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

Trending News

3 months, 1 week ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today

3 months, 2 weeks ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

3 months, 2 weeks ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

3 months, 2 weeks ago

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Live Law

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family …

3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

4 months ago

Bombay HC grants six-month bail to pregnant woman for delivery

The Hindu

The Nagpur Bench of the Bombay High Court has granted temporary bail of six months to a pregnant woman for delivery. The Gondia Railway Security Force had registered the case after a raid on the Sambalpur-Pune Express during which they recovered ganja hidden beneath the seats of five passengers, including the woman. However, granting bail, Justice Urmila Joshi-Phalke noted in …

4 months, 2 weeks ago

‘Shameful act’: Bombay HC to man convicted of raping his mother-in-law

Hindustan Times

The Nagpur bench of the Bombay High Court on Tuesday upheld the conviction of a man for raping his mother-in-law, reported PTI. The high court, however, refused to accept this contention and said the victim at the time of the incident was 55 years old and asserted that she would not invite such a stigma on her character by levelling …

4 months, 2 weeks ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

4 months, 3 weeks ago

Bombay HC acquits man accused for ‘taunting wife’, says it’s not ‘cruelty’

Live Mint

The Bombay High Court on Saturday observed that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as 'cruelty under IPC Section 498A, legal news portal LiveLaw reported on Saturday. As per the high court's October 17 order, allegations against the accused include not allowing the deceased …

4 months, 3 weeks ago

‘Taunting wife, not allowing her to watch TV cannot be cruelty’, says Bombay high court

Hindustan Times

The Bombay High Court has said that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as “cruelty” under IPC Section 498A, legal news portal LiveLaw reported. According to the high court's October 17 order, allegations against the accused included taunting the deceased woman for the food …

4 months, 3 weeks ago

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court

India Today

The Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction against a man and his family for alleged cruelty towards his late wife. The court found that accusations of taunting her, not letting her watch TV, forbidding her from visiting the temple alone, and making her sleep on a carpet did not amount to “severe” actions under Section …

4 months, 3 weeks ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

5 months, 1 week ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

6 months ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

6 months, 1 week ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

6 months, 2 weeks ago

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

Hindustan Times

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent. In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured …

6 months, 2 weeks ago

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Live Law

The Bombay High Court on Wednesday upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and …

6 months, 2 weeks ago

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship

Live Law

The Bombay High Court while quashing a First Information of Report lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the. …

6 months, 3 weeks ago

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Live Law

The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners. The Bombay High Court last week expressed 'disturbance' over the predicament of young women, …

6 months, 3 weeks ago

Bombay High Court upholds teenager’s right to reproductive freedom

The Hindu

The Bombay High Court on Thursday permitted a 17-year-old sexual abuse survivor to continue her pregnancy noting that it was conscious of her reproductive freedom and right to choice. Supporting the teenager girl’s change of decision who initially was seeking for an abortion and later decided to carry the pregnancy with an intention to marry the person who she had …

7 months ago

Termination of Pregnancy Without Husband’s Consent Amounts to Cruelty: Madhya Pradesh HC

News 18

The Madhya Pradesh High Court has ruled that the termination of pregnancy without the husband’s consent constitutes cruelty under Section 13 of the Hindu Marriage Act, 1955, while upholding the dissolution of marriage between the appellant and the respondent on the grounds of cruelty and desertion. The court, presided over by Justice Vivek Rusia and Justice Binod Kumar Dwivedi, examined …

7 months, 1 week ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

7 months, 3 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

8 months, 2 weeks ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

9 months ago

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Hindustan Times

MUMBAI: The Bombay high court recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment. The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and …

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'He Can Do Anything To Our Family': Rape Survivor's Father On Fresh Bail For Asaram

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