SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage
3 years, 11 months ago

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage

Live Law  

The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By dismissing the SLP against the Delhi High Court decision, the Supreme Court has affirmed that the right of a widow to claim compensation on account of death of her husband due to motor vehicle accident will not abate on remarriage and that she was entitled to equal share as the parents of the deceased for 'loss of dependency'. The bench of Justices L. Nageswara Rao and Vineet Saran was hearing an SLP, at the instance of the widow's in-laws, challenging the December 2019 judgment of the Delhi High Court in which it was held that re-marriage of a widow has nothing to do with her right and claim for compensation, for the loss which accrued to her on account of the unnatural demise of her husband. Reliance was placed on a 2020 judgment of the Kerala High Court holding that while computing compensation for dependency of a widow, upon the death of her husband, under Section 166 of the Motor Vehicles Act, her remarriage shall not be a decisive factor; that the loss of dependency consequent to the death of the husband does not cease merely because she has remarried or become self-reliant.

Loss Compensation Court Delhi High Court High Her Husband Husband Claim Motor Slp Widow Dependency  right  husband  decision  claim  holding  high  motor  dependency  compensation  widow  widows  remarriage  court  hc  loss  sc  delhi  husbands  dismisses

History of this topic

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea
2 weeks, 2 days ago

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

Live Law  

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's plea …

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court
1 month, 2 weeks ago

Women entitled to maintenance from second husband even if previous marriage legally subsisting: Supreme Court

The Hindu  

The Supreme Court of India has held that a woman would be entitled to claim maintenance under Section 125 of the Code of Criminal Procedure from her second husband even if her previous marriage was legally subsisting. Directing the second husband to pay maintenance to his estranged wife, the top court said, "In the opinion of this court, when the …

SC upholds over ₹1 crore award to daughters of couple which died in road mishap
1 month, 3 weeks ago

SC upholds over ₹1 crore award to daughters of couple which died in road mishap

Hindustan Times  

New Delhi, The Supreme Court on Wednesday set aside a verdict and upheld over ₹1 crore compensation awarded to the daughters of a couple which died in a road accident. SC upholds over ₹ 1 crore award to daughters of couple which died in road mishap A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the appeal …

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
1 month, 3 weeks ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

Delhi HC: Wife can claim interim maintenance despite unenforced settlement
2 months, 3 weeks ago

Delhi HC: Wife can claim interim maintenance despite unenforced settlement

Hindustan Times  

The Delhi high court has held that a wife can claim interim maintenance under Section 24 of the Hindu Marriage Act even if she does not act upon a settlement with her husband that sought to finalise the maintenance terms. The family court had ruled that the wife was bound by the settlement terms finalised on December 1, 2012, despite …

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates
2 months, 3 weeks ago

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

Live Law  

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
2 months, 3 weeks 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 …

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court
3 months, 2 weeks ago

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the. The Delhi High Court has …

Delhi HC directs BSES to pay ₹10 lakh ex gratia compensation to widow of Sub Inspector
6 months, 2 weeks ago

Delhi HC directs BSES to pay ₹10 lakh ex gratia compensation to widow of Sub Inspector

The Hindu  

The Delhi High Court in a recent order has directed power discom BSES to pay an ex gratia compensation of ₹10 Lakh to the widow of a Sub Inspector who died due to electrocution in 2017. Justice Purushaindra Kumar Kaurav said the judgement, “In light of the benefits already extended to the petitioner, the Court, in its discretion, deems it …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
10 months, 3 weeks ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
1 year ago

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation

Live Law  

The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be as per the judgment of this Court in Sarla Verma and others …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC
1 year, 1 month ago

Wife shouldn't be a constant reminder of one’s financial limitations: Delhi HC

New Indian Express  

NEW DELHI: The Delhi High Court, while upholding a couple's divorce on the grounds of cruelty by the wife, has observed that a wife should not be a constant reminder of one’s financial limitations and one must tread carefully between the needs, wants, and desires. "A wife should not be a constant reminder of one’s financial limitations. Pressurizing spouse to …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year, 2 months ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court
1 year, 4 months ago

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

Live Law  

In an appeal filed under Section 30 of the Employees’ Compensation Act, the Delhi High Court has reiterated that the fact of an employee being murdered during the course of employment does not disentitle his legal heirs from seeking compensation under the Act. Vs. Munesh Devi.” The appeal was filed by the claimants, challenging Labor Commissioner’s order, whereby the claim …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 4 months ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court
1 year, 6 months ago

Highly Qualified And Earning Wife Not Disclosing Her True Income Won't Be Entitled To Maintenance From Husband: Delhi High Court

Live Law  

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income. While upholding a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, a …

Indian court’s verdict expands rights of homemakers and recognises value of chores
1 year, 8 months ago

Indian court’s verdict expands rights of homemakers and recognises value of chores

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A court in India has …

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal
1 year, 11 months ago

Classic Case of Litigants Overreaching Law: Bombay HC Denies Relief to Woman Who Remarried During Appeal

News 18  

A division bench of the Bombay High Court comprising Justice RD Dhanuka and Justice MM Sathaye has recently refused to grant any relief to a divorced woman who remarried a German national during the appeal period while observing that it was a “classic case of litigants trying to overreach the law”. The high court was hearing an application filed by …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 11 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court
1 year, 11 months ago

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

Live Law  

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation. Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation – “One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting …

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case
2 years, 2 months ago

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case

Live Law  

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not …

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband
2 years, 8 months ago

Denial Of Maintenance To Estranged Wife & Child Is Worst Offence From Humanitarian Perspective: Delhi High Court Imposes 20K Cost On Husband

Live Law  

"To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective," the Delhi High Court has observed on Monday.Justice Asha Menon made the observation while dismissing with a cost of Rs. 20,000 a petition filed by a husband challenging Trial Court order directing him to pay a sum of Rs.20,000 as a consolidated …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

Live Law  

The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court
2 years, 10 months ago

Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court has observed that a wife cannot be denied maintenance on the grounds of being well-educated and that a husband is legally and morally responsible to look after his wife and childrenThe Bench of Justice Rajesh Bhardwaj observed thus in a petition filed by a husband challenging an order of the Principal Judge, directing him …

Bombay High Court adds ₹5 lakh more to compensation in accident case
2 years, 10 months ago

Bombay High Court adds ₹5 lakh more to compensation in accident case

The Hindu  

The Bombay High Court recently added ₹5 lakh more to the compensation to be awarded to a young girl who suffered physically and mentally in an accident and held, "No amount of money can compensate human sufferings and personal deprivation." Appeal in HC The liability to pay the compensation was imposed on the owner of the vehicle which was held …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
3 years ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
3 years, 1 month ago

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage

Live Law  

Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. "In so far as the grant of compensation under non pecuniary head is concerned, reference may be had to the judgment of the Supreme Court in Gujarat State Road Transport …

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days
3 years, 2 months ago

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days

Live Law  

Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. Noting that the girl was nearly 18 years old, the Court after perusing her statement observed thus: "The petitioner has married "K" and is living happily with him. On …

Delhi Court Dismisses 30-Year-Old Civil Suit Filed For Recovery Of ₹13K As Damages
3 years, 3 months ago

Delhi Court Dismisses 30-Year-Old Civil Suit Filed For Recovery Of ₹13K As Damages

Live Law  

A Delhi Court recently dismisses a 30-year-old civil suit filed seeking recovery of Rs. Pronouncing the Judgment on November 9, the Additional Senior Civil Judge Ajay Kumar Malik noted that the case was adjourned for lack of evidence and the plaintiff did not get any witnesses examined and therefore, the defendant also never had an opportunity to cross-examine the witnesses. …

Delhi High Court Seeks Centre's Response On Widow's Plea Seeking Ex-Gratia Compensation On Account Of Husband's Death Due To COVID-19
3 years, 6 months ago

Delhi High Court Seeks Centre's Response On Widow's Plea Seeking Ex-Gratia Compensation On Account Of Husband's Death Due To COVID-19

Live Law  

The Delhi High Court on Friday sought response of the Centre and National Disaster Management Authority on plea filed by a widow, seeking ex-gratia compensation on account of her husband's death due to Covid-19.Justice Rekha Palli, who issued notice in the matter, directed the Centre and NDMA to file their counter affidavits within four weeks. The Delhi High Court on …

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View
3 years, 7 months ago

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View

Live Law  

The Delhi High Court has directed the Delhi Legal Services Authority to reconsider a woman's application for interim compensation under the victim compensation scheme, which was earlier rejected for the reason that she was neither contactable nor any documents were given by her to support her claim. Justice Rekha Palli asked the DLSA to take a holistic view of the …

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court
3 years, 8 months ago

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage : Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that the effect of a valid remarriage is that the widow loses her right in the property inherited from her previous husband and that the same cannot be said to be established unless strictly proved under the statutory requirements. A single judge bench comprising of Justice Sanjay K Agrawal observed thus: "The effect of …

Delhi Victims Compensation Scheme Permits Grant Of Compensation In Case Of Custodial Deaths: DSLSA Tells Delhi High Court
3 years, 10 months ago

Delhi Victims Compensation Scheme Permits Grant Of Compensation In Case Of Custodial Deaths: DSLSA Tells Delhi High Court

Live Law  

The Delhi High Court on Tuesday directed the State Legal Services Authority to expeditiously process the application for compensation made by the widow of an alleged thief, who died in judicial custody. On being informed that the Delhi Victim Compensation Scheme, 2018 permits the grant of compensation in case of custodial deaths, a Single Bench of Justice Pratibha M. Singh …

Advocates Cannot Throw­away Legal Rights Of Parties By Entering Into Arrangements Contrary To Law: Supreme Court
4 years, 2 months ago

Advocates Cannot Throw­away Legal Rights Of Parties By Entering Into Arrangements Contrary To Law: Supreme Court

Live Law  

Advocates cannot throw­away legal rights or enter into arrangements contrary to law, the Supreme Court observed in a judgment disposing appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident.In this case, the Motor Accident Claims Tribunal awarded a total sum of Rs 40.71 lakhs for both deceased to the …

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court
4 years, 3 months ago

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court

Live Law  

The Allahabad High Court on Monday held that a claimant widow, who is deprived of full pension of her husband because he died in a motor accident, is entitled to compensation under the head of loss of earnings. "The Tribunal ought to have considered the fact that had her husband survived, she would have got a sum of Rs.28,000/- per …

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]
4 years, 7 months ago

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]

Live Law  

A single judge Bench of the Delhi High Court, last week, held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act. "Preliminary objection of the Respondent has given rise to a …

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]
4 years, 8 months ago

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that, while computing compensation for dependency of a widow on the death of her husband under Section 166 of the Motor Vehicles Act, her remarriage shall not be a decisive factor. Justice N. Nagaresh observed that the loss of dependency consequent to the death of the husband does not cease merely because she has …

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]
5 years, 2 months ago

Spouses of Deceased Casual Labourers Are Also Entitled To Pension Given To Regular Employees: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the spouses of deceased casual workers would be entitled to the same pensional and retiral benefits as those given to regular employees. While relying on the catena of judgments of this very court and other High Courts, the Division Bench of Justice Muralidhar and Justice Talwant Singh observed that benefits shall be allowed in …

Delhi HC imposes Rs 50,000 cost on woman for filing false sexual harassment plea
5 years, 8 months ago

Delhi HC imposes Rs 50,000 cost on woman for filing false sexual harassment plea

India Today  

In a one of its kind order, the Delhi High Court has imposed a cost of Rs 50,000 on a woman for filing a false complaint of sexual harassment against her senior official and dismissed her plea challenging the benefit of doubt given to him. "There is no merit in this writ petition which is dismissed with cost of Rs …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]
6 years, 4 months ago

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]

Live Law  

Ten years after the death of her husband, a lady’s appeal against divorce decree granted by the family court has been allowed by the Delhi High Court.In 2007, the family court had dissolved their marriage observing that they had reached to a point of no return and their marriage had broken down irretrievably. Ten years after the death of her …

Decade after husband’s death, HC allows plea against divorce in Delhi
6 years, 4 months ago

Decade after husband’s death, HC allows plea against divorce in Delhi

The Hindu  

Ten years after her estranged husband died, the Delhi High Court has allowed a woman’s plea to set aside their divorce by mutual consent, saying she had not agreed to it in the trial court. Hindu Marriage Act Justice Anu Malhotra said that under the Hindu Marriage Act, divorce by mutual consent can be granted only if there was continued …

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]
6 years, 10 months ago

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]

Live Law  

The Delhi High Court recently granted divorce to a man holding that his estranged wife's false allegation of illicit relation between him and his widowed sister-in-law amounted to cruelty.Justice J.R. Midha was hearing Appeals challenging a Trial Court order, whereby a couple had been granted a decree for judicial separation under Section 13A of the Hindu Marriage Act. The Delhi …

Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother [Read Judgment]
6 years, 11 months ago

Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother [Read Judgment]

Live Law  

Invoking the concept of ‘Lost Life Principle’, High Court of Kerala has ordered an insurance company to pay additional compensation to the mother of a minor victim in a motor accident case.The division bench of High Court of Kerala comprising Justice PN Ravindran and Justice Devan Ramachandran, has ordered an amount of Rs.15,00,000 to be paid to the mother of …

Pay Compensation Under Section 357A To Relatives Of Murder Victim: Delhi HC To Delhi State Legal Services Authority [Read Judgments]
7 years, 8 months ago

Pay Compensation Under Section 357A To Relatives Of Murder Victim: Delhi HC To Delhi State Legal Services Authority [Read Judgments]

Live Law  

The Delhi High Court recently awarded compensation to the relatives of two murder victims, drawing from various judicial precedents, and noting that the fine ordered by the Trial Court was inadequate.The Bench comprising Justice Vinod Goel and Justice G.S. Sistani directed the Delhi State Legal Services Authority to conduct a proper enquiry to identify legal heirs of the deceased victims, …

Pay Compensation Under Section 357A To Relatives Of Murder Victim: Delhi HC To Delhi State Legal Services Authority [Read Judgments]
7 years, 8 months ago

Pay Compensation Under Section 357A To Relatives Of Murder Victim: Delhi HC To Delhi State Legal Services Authority [Read Judgments]

Live Law  

The Delhi High Court recently awarded compensation to the relatives of two murder victims, drawing from various judicial precedents, and noting that the fine ordered by the Trial Court was inadequate.The Bench comprising Justice Vinod Goel and Justice G.S. Sistani directed the Delhi State Legal Services Authority to conduct a proper enquiry to identify legal heirs of the deceased victims, …

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC
7 years, 9 months ago

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC

Live Law  

The High Court of Delhi recently refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred right before the incident.“Section 304B IPC does not contemplate that the harassment should be within minutes or hours or few days of the time since death but a reasonable period …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Discover Related