3 days, 3 hours ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused to quash the criminal case against the Appellants. Setting aside the High Court's decision, the judgment authored by Justice Gavai emphasized that a mere allegation of cruelty would not be an offence unless such cruelty was “done with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself.” The Court observed that the allegations against the appellants were vague and omnibus, lacking specific details of instances of cruelty or misconduct. Case Title: DIGAMBAR AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND ANOTHER Citation : 2024 LiveLaw 1025 Related Reports: S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court 'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Supreme Court Court Cruelty Injury 498A Ipc Appellants Fir Complainant Supreme Husband Adv Ulterior Motive Grave Injury ulterior quashes injury complainant parentsinlaw motive adv deshpande wife court husband ipc mr s498a appellants supreme cruelty force

History of this topic

24 minutes ago

Courts Must Be Cautious In Cases Involving Persons With Unsound Mind, Ensure Their Rights Are Protected: Telangana HC

Live Law

Justice K. Sujana while referring to Andhra Pradesh High Court's decision in Duvvuri Rami Reddi Vs Duvvudu Papi Reddy and others, which lays down certain principles to be followed while declaring a person of unsound mind, said: The Telangana High Court has underscored that courts must proceed with utmost caution in matters involving persons of unsound mind so that their …

1 week, 2 days ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Trending News

1 week, 2 days ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law

1 week, 3 days ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Trending News

1 week, 4 days ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

1 week, 4 days 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 …

1 week, 4 days 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 …

1 week, 4 days 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 …

1 week, 6 days ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

3 weeks, 5 days ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

1 month ago

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

Live Law

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of …

1 month ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

1 month, 1 week 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 …

1 month, 2 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 …

2 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

2 months, 3 weeks 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 …

4 months 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. …

4 months, 2 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 …

5 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

5 months ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

5 months, 2 weeks ago

Depriving Father From Meeting Daughter On Account Of Marital Discord Is Cruelty: Punjab & Haryana High Court

Live Law

The Punjab & Haryana High Court has made it clear that depriving a father from meeting his daughter on account of marital discord amounts to cruelty under Section 13 of the Hindu Marriage Act.While dismissing refusing to interfere in divorce granted on the ground of cruelty, division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "that depriving the …

6 months, 1 week ago

Divorce must be granted if cruelty is proven: Allahabad HC

Hindustan Times

Dissolving a marriage, the Lucknow bench of the Allahabad high court has ruled that once cruelty is proven, the suit for divorce must be decreed. The court overturned a family court’s decision that dismissed a husband’s suit for divorce while allowing his wife’s suit for restitution of conjugal rights, despite clear evidence of cruelty inflicted upon the husband by the …

7 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

11 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

11 months, 1 week ago

Wife refusing sex with husband amounts to cruelty, valid ground for divorce: Court

India Today

The Madhya Pradesh High Court recently ruled that a woman refusing to have physical relations with her husband amounts to "mental cruelty" and is a valid ground for him to seek divorce under the Hindu Marriage Act. A division bench of Justices Sheel Nagu and Vinay Saraf set aside the decision of a Bhopal family court in 2014 which had …

11 months, 3 weeks ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

11 months, 3 weeks 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, …

1 year, 1 month ago

Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint : Supreme Court

Live Law

The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband's home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation. Referring to a 3-judge bench decision in Rupali Devi v. State of U.P., 5 SCC 384, the court observed “The Courts at the …

1 year, 2 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

1 year, 2 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

1 year, 3 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

1 year, 4 months ago

Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court

Live Law

The Delhi High Court has observed that a wife’s conduct of making false allegations against the husband and his family members and a constant threat to them regarding being summoned to the police station are acts of cruelty which severely impact mental balance.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna allowed a husband’s appeal against …

1 year, 4 months ago

Estranged Wife Taking Recourse To Law By Initiating Legal Action Not Cruelty Against Husband: Delhi High Court

Live Law

The Delhi High Court on Thursday observed that the act of an estranged wife taking recourse to law by initiating legal action and filing petitions will not amount to cruelty qua the husband.“Merely because appellant had taken recourse to law by initiating legal action before a court of law, it would not amount to cruelty. The Delhi High Court on …

1 year, 7 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

1 year, 8 months ago

Man can divorce wife if she tries to separate him from his parents: Calcutta HC

Hindustan Times

The Calcutta High Court has ruled that a husband can file for divorce on the grounds of “mental cruelty” - if his wife “tries to forcefully separate him from his parents”. The court made the observation while hearing a woman's plea challenging a family court's decision to grant her husband divorce. Om March 31, a division bench of justices Soumen …

1 year, 9 months ago

Woman Disrespecting Her Husband, In-Laws is Cruelty Towards Him: Madhya Pradesh High Court

News 18

The Madhya Pradesh High Court recently held that if a wife is disrespectful towards her husband and his family, it would construe as cruelty towards the husband. In appeal before the high court, the wife alleged that it was in fact her husband’s behaviour towards her that had forced her to move out of her matrimonial house along with her …

1 year, 9 months ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

1 year, 10 months ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

1 year, 11 months ago

Infertility Not A Ground for Divorce, Amounts to 'Mental Cruelty': Calcutta HC Dismisses Husband's Plea to Quash Criminal Case

News 18

The Calcutta High Court recently dismissed a plea filed by a husband to quash the criminal case lodged by his wife levelling allegations of cruelty against him. The HC rejected the argument put forth by the husband that he had only sought mutual divorce from his wife for she had developed several medical conditions and disorders, which ushered in primary …

1 year, 11 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

2 years ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

2 years, 1 month ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

2 years, 3 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

$Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict$

2 years, 3 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

2 years, 3 months ago

Uniform Grounds For Divorce, Alimony : Supreme Court Seeks Centre's Response

Live Law

The Supreme Court of India on Monday asked the Union government to file a comprehensive report regarding its stand in a batch of Public Interest Litigations seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony for Indian citizens. When Solicitor General Tushar Mehta, appearing for the Centre requested time to file its response, a counsel appearing for …

2 years, 4 months ago

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Live Law

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

2 years, 4 months ago

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura

Live Law

The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. The appeal was filed under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of Conviction passed by a sessions judge Tripura whereby appellant …

2 years, 5 months ago

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India

Live Law

The Delhi High Court has taken a serious view of a case wherein the Husband deliberately avoided service in the divorce proceedings filed by his wife in India, refused to appear before the Court here and filed a separate divorce case in Canadian Court. Observing that the multiplicity of divorce proceedings before the Courts in India and Canada could result …

2 years, 6 months ago

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife

India Today

The Nagpur bench of Bombay High Court has refused to grant any relief to husband and in-laws of a woman who was subjected to cruelty at home. The bench of Justices SB Shukre and GA Sanap said, "It is well settled law that the allegations made by the witnesses against the accused persons are to be scrutinised on their face …

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Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Trending News

1 hour, 1 minute ago

Wife Imposing Her Friends & Family At Husband's Residence Against His Will Amounts To Cruelty: Calcutta High Court

Live Law

The Calcutta High Court has held that a wife imposing her friends and family on her husband by having them put up at his residence without his willingness would amount to cruelty. In 2008, the appellant-husband instituted the divorce suit and later the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police …

Family Court Cruelty Husband Wife Residence His Will

2 hours, 3 minutes ago

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title

Live Law

In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed. Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to …

Property Court Specific Performance Title Right Agreement Suit

2 hours, 23 minutes ago

Telangana High Court Quashes FIR Against Junior Civil Judges Accused Under SC/ST Act By Colleague

Live Law

The Telangana High Court has granted relief to two Junior Civil Judges in a long pending case of 10 years, wherein they were charged under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. “It is pertinent to mention that respondent No.5 has lodged a complaint against the petitioners on 09.10.2015, subsequent to the report submitted by the …

High Court Judicial Respondent Fir Petitioners Junior Civil

4 hours, 31 minutes ago

"Quarrel" Involves Both Parties, Cannot Be A Reason To Grant Divorce On Grounds Of Cruelty: Calcutta High Court

Live Law

The Calcutta High Court has held that a "quarrel" between husband and wife would be attributed to both parties and that it would be a part of the normal "wear and tear" of marital life, and could not be grounds to allow divorce on the ground of cruelty. A division bench of Justice Sabyasachi Bhattacharya and Uday Kumar held: "The …

Cruelty Case

6 hours, 38 minutes ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Legal Trial Court Order Plaintiff Deceased Shankar

6 hours, 44 minutes ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Family Parents Her Family Her Parents Petitioner Detenue

1 day, 1 hour ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

Fir Her Father Applicants Lodged Wife Submitted

1 day, 3 hours ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

Justice Judgment Trial Evidence Court Witness Accused

1 day, 8 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

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2 days ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Trial Court Order Limitation Suit Cpc Rule

2 days, 2 hours ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Court Rape Ipc Fir Promise Petitioner Wani

2 days, 2 hours ago

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington

The Hindu

The Madras High Court has restrained an American citizen from proceeding with a divorce case filed by her before the King County Superior Court in Washington, United States, and also from initiating any kind of legal proceedings related to her marriage before the courts in Singapore. The alleged adulterer was also made one of the respondents to the divorce petition …

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Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Trending News

2 days, 6 hours ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law

The Supreme Court has observed that prolonged separation, coupled with inability to reconcline, can be a relevant factor to decide matrimonial disputes, when marriage has become a mere legal formality dovid of mutual trust and companionship. The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage, the Court noted, given the legal disputes between the …

Marriage Supreme Court Companionship Court Legal Disputes Parties Mutual Trust

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2 days, 6 hours ago

Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court

Live Law

Marriage Supreme Court Companionship Court Parties Mutual Trust Irretrievable Breakdown

2 days, 8 hours ago

Men’s Rights or Misogyny? The Fallout of Atul Subhash’s Tragic Death

The Quint

The tragic suicide of Bengaluru-based IT professional Atul Subhash has exposed systemic inefficiencies in India’s legal system. Yet, instead of addressing these failings, certain groups have used his death to fuel hatred against women, undermine progressive laws like IPC 498A, and skew public perception. Atul Subhash’s tragic suicide raises critical questions about systemic inefficiencies, not a blanket misuse of laws. …

Systemic Inefficiencies

2 days, 10 hours ago

100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]

Live Law

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - importance to the general public; settlement of a contested position of law; utility for practising lawyers, judges and students.A disclaimer is added. …

India Kerala Supreme Court High Court Judgment Constitution High Courts

3 days, 2 hours ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Law Justice Trial Court Maharashtra State Accused

3 days, 8 hours ago

Prima Facie Consensual Relationship: Kerala High Court Grants Bail To Film Director Omar Lulu In Rape Case

Live Law

Kerala High Court on Friday granted bail to Malayalam Movie director Omar Lulu in a rape case. Justice P. V. Kunhikrishnan observed that prima facie, the relationship between the director and the complainant seems to be a consensual one. But this is a fit case in which the petitioner is to be released on bail invoking the powers under Section …

Court Director Rape Case Omar Lulu

3 days, 8 hours ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. …

Welfare Court Child Committee Petition Child Welfare Committee Forums

3 days, 14 hours ago

Court tells Maharashtra government to provide employment to rape accused's family

India Today

The Bombay High Court on Thursday directed the state government to arrange assistance to provide shelter and employment to the parents of Akshay Shinde, the accused in the Badlapur sexual assault case, possibly through NGOs. During the hearing on Thursday, Akshay Shinde's parents were present in court and the court directed everyone not associated with the case to move out …

Family State Shinde Bench Badlapur Court Tells

3 days, 14 hours ago

Atul Subhash's mother moves top court for grandson's custody, 3 states get notice

India Today

The Supreme Court has issued a notice to the Uttar Pradesh, Haryana and Karnataka governments after the mother of the Bengaluru-based techie who died by suicide filed a habeas corpus plea seeking the custody of her grandson. In her plea, Atul's mother has sought custody of her four-and-a-half-year-old grandson, asserting that the child's whereabouts are currently unknown. Atul Subhash, who …

Bengaluru Uttar Pradesh Haryana Atul

Strict laws for women's welfare, not to threaten, extort husbands: Supreme Court

Trending News

3 days, 14 hours ago

Strict laws for women's welfare, not to threaten, extort husbands: Supreme Court

India Today

The Supreme Court on Thursday underscored that laws enacted for the welfare of women should not be misused as instruments of harassment, intimidation, or extortion against their husbands. The Supreme Court's observations came amid the massive outrage of a techie, Atul Subhas, who alleged that his estranged wife and her family demanded Rs 2 lakh in monthly maintenance, later increasing …

Supreme Court Court Wife Husbands Supreme Extort Husband

Atul Subhash's mother files petition in Supreme Court seeking custody of 4-year-old grandson

Trending News

3 days, 14 hours ago

Atul Subhash's mother files petition in Supreme Court seeking custody of 4-year-old grandson

India TV News

Days after the tragic suicide of AI engineer Atul Subhash, his mother filed a petition in the Supreme Court seeking custody of her 4-year-old grandson. Subhash's mother Anju Devi approached the apex court, requesting that the child be handed over to her and his grandfather’s custody. Involvement of three states Given the case's connections to Uttar Pradesh, Haryana, and Karnataka, …

Bengaluru Supreme Court Court Uttar Pradesh Haryana Custody Petition

3 days, 20 hours ago

MP HC allows woman to end pregnancy over marital discord

Deccan Chronicle

Bhopal: The Indore bench of Madhya Pradesh high court has allowed a woman to terminate her pregnancy following the marital discord. Delivering the judgment in the case, the single bench of the court of Justice Subodh Abhyankr observed on account of the marital dispute, “it would not be proper if she is forced to continue with the pregnancy which she …

Pregnancy Her Pregnancy

Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court

Trending News

3 days, 22 hours ago

Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court

Live Law

Once again expressing concerns about the misuse of domestic violence and dowry laws by disgruntled wives, the Supreme Court cautioned women not to abuse the laws which are meant for their protection. The Court observed that more often than not, provisions like Section 498A, 376, 377, 506 are invoked as a "combined package" to pressurise the husband to accede to …

Women Supreme Court Court Hindu Section 498A Ipc His Family

4 days, 3 hours ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

Constitution Investigation Court High Second Cbi Set

4 days, 6 hours ago

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation

Live Law

In another development arising from the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the parents of the victim girl have moved the Calcutta High Court challenging the CBI probe into the incident and seeking a fresh investigation into the case. Notably, while the trial against the main accused Sanjoy Roy is …

Cbi Kar Calcutta High Court

4 days, 7 hours ago

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

Live Law

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. Bhatti heard the criminal appeal filed against the Kerala High Court's decision allowing the State's plea against the appellant's acquittal because a subsequent judgment of the Supreme Court favored …

Law Supreme Court High Court Appeal Change State Singh

4 days, 8 hours ago

Madhya Pradesh HC Permits Wife To Terminate Pregnancy Due To Matrimonial Dispute, Alleged Domestic Violence By Husband And His Family

Live Law

The Indore Bench of Madhya Pradesh High Court in a recent ruling allowed the medical termination of a woman's pregnancy on account of matrimonial dispute and alleged domestic violence by her husband and his family members. of NCT of Delhi, Justice Subodh Abhyankar observed, "this Court is of the considered opinion that on account of the petitioner's dispute with her …

Pregnancy Dispute Court Domestic Violence Fir His Family Her Husband

4 days, 8 hours ago

Supreme Court Denies Anticipatory Bail To Astrologer Accused Of Helping Woman To Poison Husband & Mother-in-Law

Live Law

The Supreme Court today refused to grant anticipatory bail to an astrologer Pandit Varun Mehta accused of conniving with a woman, who allegedly administered poison to her husband and her mother-in-law. While denying bail, the Court said: "Not a case for anticipatory bail." The Punjab Police have arrested the accused the wife and her two brothers, who were also allegedly …

Court Ipc Pandit Varun

4 days, 8 hours ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

Law Trial Court Haryana Trial Court Order Case

4 days, 8 hours ago

Rajasthan High Court Allows Couple To Cure Defects In Application For 'Inter-Caste Marriage Help Scheme' With Almost 7 Yrs Delay

Live Law

The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court granted relief to an inter-caste married couple whose claim under the Dr. Savita Ben Ambedkar Inter-Caste Marriage Help Scheme was rejected for not curing the defect in the application within a period of one month. The petitioners were an inter-caste couple who submitted their application under the Scheme …

Couple Court Application Scheme One Month Petitioners

4 days, 9 hours ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

Court State Fir His Daughter Petition Petitioner

4 days, 14 hours ago

Andhra Pradesh High Court backs lesbian couple, tells parents not to 'interfere'

India Today

The Andhra Pradesh High Court upheld the right of a lesbian couple to live together, affirming their freedom to choose their partners and make independent decisions. The bench was hearing a habeas corpus petition filed by a woman, Kavitha, who alleged that her partner Lalitha was unlawfully detained by her father at his residence in Narsipatnam. The court, in its …

Court Father Her Partner Her Father Vijayawada Kavitha Lalitha

4 days, 22 hours ago

Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court

Live Law

The Supreme Court today observed that the findings of the Writ Courts should be based on the case pleaded and evidence adduced by the parties. “Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be restricted to the case pleaded by the parties and the …

Supreme Court High Court Evidence Writ Case Experience Based

4 days, 23 hours ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Appeal Resolution Order Resolution Professional Resolution Plan Tribunal Respondent

4 days, 23 hours ago

Sambhal Violence | Aggrieved Person Can Approach Enquiry Commission: Allahabad High Court On PIL Against 'Police Atrocities'

Live Law

On Tuesday, the Allahabad High Court consigned to record a PIL plea seeking an independent probe into the alleged police atrocities during the Sambhal violence, noting that the State Government had already formed a judicial inquiry commission to investigate the incident, which is currently handling the matter. “…instead of approaching this Court on the basis of half baked facts, aggrieved …

High Court Commission Pil Bench This Court Enquiry Sambhal

5 days, 5 hours ago

Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Live Law

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act. The court further said that legal position was comprehensive that criminal proceedings involving very serious offences …

Court Criminal Proceedings Accused Proceedings Fir Act Pocso

5 days, 9 hours ago

'A Synopsis Can't Run Into 128 Pages!' : Supreme Court Asks Registry To Ensure Synopsis Is Trimmed Down

Live Law

The Supreme Court recently expressed surprise at a synopsis of a petition running into 128 pages. "The appellant, who has appeared in person, has filed a synopsis running into 128 pages, loaded with details much of which is not relevant for our purposes. The appellant instead of appearing before the Family Court, Agra has directly challenged this order of the …

Supreme Court Court Run Supreme 128 Pages Registry

5 days, 9 hours ago

[Muslim Law] Court Obligated To Endorse Divorce By Muba'arat After Ascertaining Mutuality & Voluntariness Of Agreement: Allahabad HC

Live Law

Recently, the Allahabad High Court granted a decree of divorce to a Muslim couple who had filed for divorce by mutual agreement through a Mubaarat. “When parties approach a court seeking formal recognition of their divorce through mubara'at, the court's primary role is to verify the mutuality and voluntariness of the agreement. Upon satisfaction, the court is obligated to endorse …

Court Divorce Parties Agreement Mutual His Wife Husband

5 days, 14 hours ago

Hema Committee aftermath: Milords, shouldn't bail for celebs in this manner be avoided?

New Indian Express

Last week, a single-judge Bench of the Kerala High Court granted anticipatory bail to Malayalam filmmaker and actor Balachandra Menon in an alleged sexual assault case dating back to 2007. While granting anticipatory bail to Menon, Justice Kunhikrishnan noted that the complaint had been registered by the victim 17 years after the alleged incident and that such a delay tarnished …

Bail Menon

6 days, 4 hours ago

Madras High Court Weekly Round-Up: December 9 To December 15, 2024

Live Law

A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw 476 To 2024 LiveLaw 478 NOMINAL INDEX ABC v. XYZ, 2024 LiveLaw 476 The Music Academy v V Shrinivasan and Others, 2024 LiveLaw 477 N Sasikala v The Assistant Director, ED, 2024 LiveLaw 478 REPORTS No Fixed Parameters For Cruelty In Matrimonial Case, Rude Language And …

Justice Court Cruelty 2024 High Mad Madras High Court

6 days, 4 hours ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

Relationship Court Domestic Violence Domestic Respondent Act Shared

6 days, 5 hours ago

'Nobody Can Be Condemned Unheard' : Supreme Court Deletes Adverse Remarks Made By HC Against Advocate Without Opportunity Of Hearing

Live Law

Recently, the Supreme Court expunged the adverse remarks against an advocate recorded by the Uttarakhand High Court without providing opportunity of hearing.Also, the Court set aside the High Court's direction to the State Bar Council to initiate misconduct proceedings against the advocate without affording him an opportunity of hearing to respond to the allegations labeled against him.“We. Recently, the Supreme …

Court Opportunity Hearing High Remarks Advocate Appellant

6 days, 9 hours ago

Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case

Live Law

The Supreme Court yesterday issued notices in Special Leave Petitions filed by Samajwadi Party leader Mohammad Azam Khan, former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency challenging January 29 order of the Allahabad High Court refusing to grant them bail in. The …

Supreme Court Court University Khan Abdullah Uttar Salim

6 days, 14 hours ago

70-year-old farmer ends 44-year marriage, sells land to pay Rs 3.1 crore alimony

India Today

A long-drawn legal battle spanning 18 years ended with a 44-year-old marriage dissolved through a Rs 3.1 crore settlement. Subash Chand, a 70-year-old farmer from Haryana's Karnal district, finalised his divorce from his estranged wife, Santosh Kumari, 73, by paying a hefty permanent alimony. To fulfill the settlement terms, Chand sold agricultural land, crops, and handed over gold and silver …

Chand Pay Rs Farmer Ends

6 days, 19 hours ago

SC questions woman lawyer seeking bar reservation

Hindustan Times

The Supreme Court on Monday raised eyebrows over a woman lawyer engaging a male advocate to argue her petition for a 33% reservation for women in Gujarat bar associations. A bench of justices Surya Kant and Ujjal Bhuyan questioned why the petitioner, advocate Meena A Jagtap, chose to “ride on the shoulder” of a male lawyer rather than arguing the …

Court Bar Male Lawyer Bench Jagtap Kant

6 days, 22 hours ago

Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi

Live Law

Congress MLA Chanda Singh Gaur has approached the Supreme Court challenging Madhya Pradesh High Court's rejection of her plea under Order 7 Rule 11 CPC to dismiss an election petition filed by BJP MP Rahul Singh Lodhi.A bench of Justices Surya Kant and Ujjal Bhuyan, before whom the case was listed today, has posted it to January, 2025. Congress MLA …

Court Election Case Rahul Bjp Singh Practice