2012 Delhi gang rape convict’s wife moves court for divorce
4 years, 9 months ago

2012 Delhi gang rape convict’s wife moves court for divorce

Live Mint  

New Delhi: In yet another ploy to delay hanging, wife of a Nirbhaya convict has filed for a divorce in a local court in Bihar's Aurangabad. In the plea, the wife of convict Akshay Kumar Singh has said she does not want to live the life of a widow as her husband is set to be hanged on March 20. Punita's lawyer Mukesh Kumar Singh, speaking to media in Aurangabad said, "My client has a right to seek divorce from her husband. A senior lawyer at Tis Hazari court in Delhi told IANS, "Yes, the woman can file for divorce if her husband has been convicted in a case of rape."

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History of this topic

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 …

For divorces in India, the process is the punishment
4 weeks, 1 day ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
1 month ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

UP man gets life term in jail for killing wife over dowry
1 month, 4 weeks ago

UP man gets life term in jail for killing wife over dowry

Deccan Chronicle  

Maharajganj : A court in Uttar Pradesh's Maharajganj district sentenced a man to life imprisonment after holding him guilty of murdering his wife three years ago, police said on Wednesday. Additional Sessions and Special Judge Fast Track Court Phool Chand Kushwaha on Tuesday convicted the accused Jitendra Chauhan for killing wife Preeti Chauhan after harassing her for dowry, Additional Superintendent …

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

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

The Hindu  

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

SC says it will consider listing pleas challenging marital rape exception soon
3 months, 3 weeks ago

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

New Indian Express  

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

Supreme Court to hear marital rape pleas next week
5 months ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

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

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 3 weeks ago

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

New Indian Express  

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

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
5 months, 3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
6 months, 1 week ago

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
7 months ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy
7 months, 3 weeks ago

'Reminder Of Trauma', Punjab & Haryana High Court Allows Married Woman Who Was Allegedly Sexually Assaulted By Husband To Terminate Pregnancy

Live Law  

Observing that if the child is born "shall be a reminder of trauma and agony she had to undergo", the Punjab & Haryana High Court has allowed the termination of pregnancy of a married woman who was allegedly sexually assaulted by her husband.Justice Vinod S. Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
8 months ago

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage

CNN  

CNN — An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
10 months, 1 week ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year 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, …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 2 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court
1 year, 3 months ago

Family Courts Not Empowered To Grant Divorce On 'Irretrievable Breakdown Of Marriage', Must Restrict To Statutory Provisions: Delhi High Court

Live Law  

The Delhi High Court has ruled that irretrievable breakdown of marriage is not a ground for seeking divorce and that Family Courts must strictly restrict their considerations to the statutory provisions like those under the Hindu Marriage Act, 1955. Irretrievable breakdown of marriage is not a ground in the Act.” The court made the observations while setting aside a family …

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court
1 year, 4 months ago

While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

Live Law  

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient …

No law gives right to husband to beat, torture wife: Delhi High Court
1 year, 4 months ago

No law gives right to husband to beat, torture wife: Delhi High Court

India Today  

No law gives the right to a husband to beat and torture his wife, the Delhi High Court held while granting divorce to a woman on the grounds of cruelty and desertion by her husband. The high court said, in this case, it has been proved that the man failed to resume companionship with his wife and not only did …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 5 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 8 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

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

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
1 year, 11 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 …

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

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023
2 years ago

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023

Live Law  

The Supreme Court of India has listed matters concerning the validity of the marital rape exception in the second week on January 2023. The issue was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate CU Singh who stated that the matters needed to be listed urgently. Senior Advocate CU Singh stated– "One …

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it
2 years, 2 months ago

Kerala HC cites Quran to hold Muslim woman's right to 'Khula', AIMPLB says husband can reject it

Op India  

The Kerala High Court last week dismissed a review petition filed by a man challenging the divorce granted to his wife under the Dissolution of Muslim Marriages Act,1939, holding that a Muslim woman has the absolute right to dissolve her marriage at will and does not need her husband’s consent for it. “We declared that the right of a Muslim …

Husband can reject Khula demand: Muslim Personal Law Board
2 years, 2 months ago

Husband can reject Khula demand: Muslim Personal Law Board

The Hindu  

November 03, 2022 10:33 pm | Updated November 04, 2022 01:12 am IST - NEW DELHI In a move likely to have far reaching ramifications, the All India Muslim Personal Law Board on Thursday pronounced that a Muslim woman does not enjoy a unilateral right to end her marriage through Khula. The Board’s response comes in the wake of Kerala …

Supreme Court seeks Centre’s response - The Hindu
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 …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 3 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 4 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 …

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week
2 years, 4 months ago

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week

Live Law  

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Monday, dismissed a Public Interest Litigation praying for the declaration of marital rape as a criminal offence on the ground that the issue was already under consideration in a separately instituted proceedings.The bench dismissed the PIL noting that the petitions arising from the split verdict given. …

Delhi High Court's Split Verdict on Marital Rape Shows Our Idea of Marriage Needs Review
2 years, 7 months ago

Delhi High Court's Split Verdict on Marital Rape Shows Our Idea of Marriage Needs Review

News 18  

The split verdict by the Delhi High Court on the matter of marital rape has elicited equally divided responses from across the nation, many of which, call to question our idea of marriage itself. The woman by entering into matrimony does not subjugate or subordinate herself to her spouse or give irrevocable consent to sexual intercourse in all circumstances… The …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 7 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

Marital rape: Appeal filed in SC against Delhi HC’s split verdict
2 years, 7 months ago

Marital rape: Appeal filed in SC against Delhi HC’s split verdict

Hindustan Times  

NEW DELHI: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on a bunch of pleas seeking to criminalise marital rape. Khushboo Saifi moved the appeal through her counsel days after the high court last week gave the verdict while referring the matter to the Supreme Court for an authoritative decision. Both the …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 7 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

India marital rape: Delhi high court’s split verdict sparks outrage after failing to outlaw colonial-era law
2 years, 7 months ago

India marital rape: Delhi high court’s split verdict sparks outrage after failing to outlaw colonial-era law

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 Women’s rights groups in India …

Marital Rape And Right To Equality: What Karnataka HC Had Said Before Delhi HC Split Verdict
2 years, 7 months ago

Marital Rape And Right To Equality: What Karnataka HC Had Said Before Delhi HC Split Verdict

ABP News  

A two-judge bench of the Delhi High Court Wednesday gave a split verdict on the question of criminalising marital rape. While Justice C. Hari Shankar rejected the plea to criminalise rape within marriage, Justice Rajiv Shakdher, who headed the bench, struck down as unconstitutional the exception to IPC Section 375 that says sexual intercourse with wife aged 15 or above …

Rape Laws Should Be Gender Neutral, Steps Required To Be Taken By Legislature Or Executive: Justice Shakdher In Marital Rape Judgment
2 years, 7 months ago

Rape Laws Should Be Gender Neutral, Steps Required To Be Taken By Legislature Or Executive: Justice Shakdher In Marital Rape Judgment

Live Law  

Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception, acknowledges the need of having gender neutral rape laws while adding that the steps are required to be taken by the Legislature or Executive in this regard. Delivering a split verdict in pleas seeking criminalisation of marital rape, Justice Shakdher agreed with …

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge
2 years, 7 months ago

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge

Firstpost  

The right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being, says Justice Shakdher New Delhi: Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this …

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher
2 years, 7 months ago

Continuance of Marital Rape Exception Egregiously Problematic: Justice Shakdher

News 18  

Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this immunity under the Indian Penal Code is "egregiously problematic" as it emasculates the woman's right to trigger prosecution against her husband for non-consensual intercourse. Justice Rajiv Shakdher, who headed the division bench which delivered the split verdict on …

Marital Rape: Split Verdict in Delhi HC, Only One Judge Strikes Down Exception
2 years, 8 months ago

Marital Rape: Split Verdict in Delhi HC, Only One Judge Strikes Down Exception

The Quint  

"These are standalone offences, different in their nuance and ingredients. John had also addressed the point specifically raised by Justice Hari Shankar while upholding the marital rape exception, that the exception can be justified since there is an intelligible differentia between sexual relations within a marriage and outside it, which means there is no violation of Article 14. Justice Hari …

Criminalisation of marital rape: Delhi HC verdict split, matter to be heard by Supreme Court
2 years, 8 months ago

Criminalisation of marital rape: Delhi HC verdict split, matter to be heard by Supreme Court

India Today  

Delivering a 1:1 split verdict on the issue of criminalisation of marital rape, the Delhi High Court on Wednesday, May 11, said that the matter will have to be considered by the Supreme court of India. The court has now granted leave to appeal before the Supreme Court and noted that at least two other high courts have given their …

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today
2 years, 8 months ago

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today

Firstpost  

The Delhi Court had on 21 February reserved its judgement on the petitions seeking to strike down the exception granted to husbands under the Indian rape law after conducting marathon hearings on the issue New Delhi: The Delhi High Court is scheduled to pronounce its verdict on a batch of pleas seeking the criminalisation of marital rape. A bench of …

A far-reaching verdict that ends a regressive exception
2 years, 9 months ago

A far-reaching verdict that ends a regressive exception

The Hindu  

Over the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code had gripped the Delhi High Court. Roots of the principle The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he stated: “But the husband …

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
2 years, 9 months ago

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

Live Law  

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The Court examined the provisions under …

A win for justice
2 years, 9 months ago

A win for justice

Live Mint  

The Karnataka high court this week declined to quash rape charges levelled by a wife against her husband, denying him an infamous exception in our rape law. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on the woman ‘wife’,” a single-judge bench of Justice M. Nagaprasanna …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
2 years, 10 months 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. …

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