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
2 months 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 cruelty under IPC Section 498A, as none of these. 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 cruelty under IPC Section 498A, as none of these actions were “severe.” In doing so, the high court observed that the nature of allegations would not constitute physical and mental cruelty as the allegations pertained to the domestic affairs of the house of accused. A single judge bench of Justice Abhay S Waghwase in its October 17 order noted that the major allegations of the appellants meting the deceased with cruelty were by taunting her for the meals that she prepared, not allowing her to watch TV, not letting her to meet neighbours or even to go to temple alone, making her sleep on a carpet, to go alone to throw garbage. Even aunt.deposed about above behavior.It is admitted by witnesses that, in Varangaon, water supply is made at late night and therefore when the entire village is required to fetch water after 1:00 a.m., there is nothing unusual to expect deceased to fetch water at 1:30 a.m. or 1:00 a.m.They are all levelling allegations of taunting, not allowing to watch T.V., not allowing to go alone temple, but in the considered opinion of this court, none of the allegations has any severity or such nature of allegations would not constitute physical and mental cruelty as almost allegations are pertaining to domestic affairs of the house of accused".

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History of this topic

Bombay High Court upholds 10-year jail term for man who sexually assaulted minor
2 days, 9 hours 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 …

Bombay High Court denies bail to man accused of raping minor granddaughter
4 days, 9 hours 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 …

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy
Trending News
4 days, 19 hours ago

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy

Live Law  

The Bombay High Court on Friday pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable." And now you cannot say she is violent and uncontrollable and you can't look after her," Justice Ghuge orally told the counsel representing the parents. Additional Government Pleader …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
2 weeks, 4 days 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 …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
2 weeks, 5 days ago

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

India Today  

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 …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
4 weeks, 1 day ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
4 weeks, 1 day 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 …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Trending News
4 weeks, 1 day 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 …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
4 weeks, 2 days ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term
1 month, 3 weeks ago

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

Live Law  

The Bombay High Court at Nagpur on Wednesday while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family convicted for killing four members of the maternal family over a land dispute.A division …

Bombay High court confirms death penalty for father and son in multiple murder case
1 month, 3 weeks ago

Bombay High court confirms death penalty for father and son in multiple murder case

Hindustan Times  

Mumbai: The Nagpur bench of the Bombay High Court has confirmed death sentences for a father and son convicted of murdering four family members, whilst acquitting a third defendant. Bombay High court confirms death penalty for father and son in multiple murder case The convicts, Haribhau Telgote, 66, and his son Shyam, 35, were found guilty of murdering four relatives …

Bombay HC upholds death sentences for father, son in quadruple family murder case
1 month, 4 weeks ago

Bombay HC upholds death sentences for father, son in quadruple family murder case

Hindustan Times  

Mumbai: The Nagpur bench of the Bombay High Court has confirmed death sentences for a father and son convicted of murdering four family members, whilst acquitting a third defendant. The Nagpur bench of the Bombay High Court has confirmed death sentences for a father and son convicted of murdering four family members. ) While finding sufficient grounds to uphold the …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 4 weeks ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court
1 month, 4 weeks ago

[Kidnapping] Existing Familial Bond Cannot Be Used To Justify Removing Minor From Legal Guardian's Custody: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of an accused who was sentenced under Section 363 of the IPC for the offence of kidnapping a 15-year-old girl who was returning from school with her father.On her way home, she passed a Maruti car parked on the road. The Calcutta High Court has upheld the conviction of an accused who …

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

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

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

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court
2 months ago

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

Live Law  

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide. It said “The act of accused persons having illicit relationship does not amount to abetment to commit suicide. On going through the evidence …

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls
3 months, 4 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 …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
4 months, 2 weeks 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. …

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

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
5 months, 2 weeks 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 …

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court
6 months, 2 weeks ago

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life. In dismissing a criminal appeal challenging the acquittal of a man accused …

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence
7 months, 2 weeks ago

Undertrials Unable To Effectively Defend Themselves Due To Poor Socio-Economic Status, Leads To Sole Focus On Gravity Of Offence: Calcutta HC Reverses Death Sentence

Live Law  

The Calcutta High Court has recently reversed a death sentence awarded to a man who was accused of brutally murdering a home-maker and her 13-year-old daughter with a sharp and heavy weapon.A division bench of Justices Soumen Sen and Partha Sarathi Sen were adjudicating upon a death reference case wherein the trial court had handed a death sentence to Padam …

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
1 year 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 …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 1 month ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

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

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 3 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 4 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter
1 year, 6 months ago

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter

News 18  

The Calcutta High Court recently suspended the sentence of a woman who was convicted for murdering her six-year-old step-daughter by poisoning. “There is no certainty of the appeal being finally decided at an early date given the large number of cases pending, and also on an overall appreciation and assimilation of the nature and quality of the evidence on record, …

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case
1 year, 6 months ago

Bombay High Court raps assistant prosecutor for 'insensitive' remark in missing girl's case

India Today  

The Maharashtra government has promised to investigate the case of a father whose physically challenged 23-year-old daughter went missing in 2006 from a satsang in Navi Mumbai. During Thursday's hearing, Justices Revati Mohite Dere and Gauri Godse of the bench initially reprimanded the state government counsel for her insensitive argument while hearing the plea filed by the missing girl's father. …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 7 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station
1 year, 10 months ago

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station

Live Law  

Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day. Following submissions from all parties involved, the court said, “The fact therefore remains that the Order passed by this Court …

Convicted Of Murdering His Mother, Bombay High Court Allows Death Row Convict To Attend His Daughter’s Marriage
1 year, 10 months ago

Convicted Of Murdering His Mother, Bombay High Court Allows Death Row Convict To Attend His Daughter’s Marriage

Live Law  

The Bombay High Court on Monday allowed a death row convict, who murdered his mother and cut her body parts to eat them, to attend his daughter’s marriage. After taking into consideration over all view of the matter, we are inclined to release the Applicant on 23rd, 24th and 25th February 2023 between 9.00 am to 6.00 p.m from jail …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 2 months 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 …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 2 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court
2 years, 5 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 …

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts
2 years, 5 months ago

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

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

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

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

India Today  

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 …

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl
3 years ago

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl

Op India  

The Delhi HC on Monday affirmed a father-uncle duo convicted for sodomising the minor daughter of one of the accused but absolved them of gang rape reasoning that there was no penile-vaginal penetration, a prerequisite for rape charge under the unamended Section 375 of Indian Penal Code. A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani was hearing an …

Sexual Crimes Within Father-daughter Relationship Descends to Depravity, Says Delhi HC
3 years ago

Sexual Crimes Within Father-daughter Relationship Descends to Depravity, Says Delhi HC

News 18  

The Delhi High Court Monday upheld the life sentence awarded to a father for enabling sexual assault upon her daughter and said that sexual crimes within a father-daughter relationship descend to depravity and must be dealt with the requisite level of severity. This, in our view, is sufficient to bring the actions of the father within section 34 IPC, namely …

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree
3 years, 1 month ago

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree

Live Law  

The Delhi High Court recently observed that a wife making serious allegations of criminal conduct against her husband and his parents, which she was unable to prove in Trial Court, amounts to an act of "cruelty". The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court …

Wife Creates Matrimonial Profile : Bombay High Court Grants Husband Divorce On Grounds Of 'Mental Cruelty'
3 years, 4 months ago

Wife Creates Matrimonial Profile : Bombay High Court Grants Husband Divorce On Grounds Of 'Mental Cruelty'

Live Law  

Relying on instances of high degree of "mental cruelty" meted out by a wife to her 36-year-old husband, the Bombay High Court's Nagpur Bench granted him a divorce. It was further held that the family court had failed to consider the wife's marriage profiles on two matrimonial websites while rejecting the man's divorce petition last year. The Court further noted …

In absence of evidence, conviction can't be on moral grounds: Bombay HC
3 years, 8 months ago

In absence of evidence, conviction can't be on moral grounds: Bombay HC

India Today  

Bombay High Court has acquitted four members of a family, convicted in 2010 in connection to a woman's death by suicide within two months of her marriage into the family. Her family members feel that she killed herself as she couldn’t bear the pain inflicted upon her by her in-laws A bench of Justice Sadhana S Jadhav and Justice Nitin …

Bombay High Court judge quashes another POCSO conviction
3 years, 11 months ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He …

Nagpur bench of Bombay HC overturns man’s conviction under POCSO
3 years, 11 months ago

Nagpur bench of Bombay HC overturns man’s conviction under POCSO

The Hindu  

The Nagpur bench of the Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act and convicted him under “minor offence” of Indian Penal Code as, the bench said, “There is no direct physical contact i.e skin to skin with sexual intent without penetration.” On December 14, 2016, the mother of a minor lodged …

Bombay High Court : 2019 Highlights
5 years ago

Bombay High Court : 2019 Highlights

Live Law  

Like every year, the Bombay High Court in 2019 witnessed a flurry of fresh PILs and petitions filed and pronounced orders/judgements in plenty of old cases.Here is a look at the some of the most significant judgements/orders of the Bombay High Court in the past year. SC sets aside Bombay HC judgement Refusing Additional Time to the Police to file …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 1 month ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

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