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

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

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. This provision talks about compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence. Based on this, the Court issued a notice in the present Special Leave Petition and noted: “The fundamental question raised by Ms. Divan is whether the compensation awarded should co-relate to the degree of domestic violence suffered by the victim or is it to be linked to the financial status of the guilty party.” Accordingly, the Court stayed the execution proceedings subject to a deposit of half of the compensation and continuance of the maintenance amount.

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History of this topic

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide
3 weeks, 5 days ago

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

Live Law  

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the …

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court
4 weeks ago

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

Live Law  

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it …

Retroactive Application of Victim Compensation Scheme: Court Grants Compensation to Rape Survivor Case
1 month, 3 weeks ago

Retroactive Application of Victim Compensation Scheme: Court Grants Compensation to Rape Survivor Case

Live Law  

The Punjab & Haryana High Court has granted compensation to a rape survivor case, applying the Victim Assistance Scheme of 2018 retrospectively. The victim, who was impregnated by the assault and gave birth to a child, was initially granted a meager amount of Rs. 1,00,000 by the trial court. However, the court has ruled that the scheme can be applied …

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

HC directs State to address issue of protection of sportswomen from sexual harassment
3 months, 3 weeks ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu  

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
4 months, 4 weeks ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

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

No financial settlement in sexual abuse cases: Delhi High Court
5 months, 3 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
6 months, 3 weeks ago

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

Live Law  

The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made. The Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari …

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
7 months, 1 week ago

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court

Live Law  

The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. The Supreme Court held that an order for the convict to pay compensation to the victim would not result …

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period
8 months, 1 week ago

Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

Live Law  

The Bombay High Court recently allowed three victims in a 2010 acid attack case to seek compensation beyond the limitation period of three years provided in the Maharashtra Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2022. A division bench of Justice AS Chandurkar and Justice Jitendra Jain found the case deserving as the 2022 Scheme was implemented …

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case
8 months, 4 weeks ago

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case

Deccan Chronicle  

Mumbai, Mar 26 The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person. Justice Sharmila held …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
9 months, 2 weeks ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor
1 year ago

Income Not Sufficient For Treatment & Reintegration: Calcutta High Court Directs Payment Of Further Compensation To Male Acid Attack Survivor

Live Law  

The Calcutta High Court has directed the State Legal Services Authority to consider and enhance the compensation awarded to a male acid attack survivor. Under the West Bengal Victim Compensation Scheme, the petitioner was paid Rs 3 lakh, which was the minimum stipulated amount.A single bench of Justice Sabyasachi Bhattacharya upon noting that the petitioner had credibly pointed out that. …

Gauhati High Court Allows Advocate To Sponsor Education Of Child Born Out Of Sexual Assault
1 year ago

Gauhati High Court Allows Advocate To Sponsor Education Of Child Born Out Of Sexual Assault

Live Law  

The Gauhati High Court recently allowed an Advocate who voluntarily came forward to pay and take care of the educational needs of a child aged 4+ years who was born out of a sexual offence committed against their minor mother. A single judge bench of Justice Achintya Malla Bujor Barua noted that if the authorities are of the view that …

Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court
1 year ago

Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that concrete evidence regarding the salary amount of the husband must be made known to the trial court so that it can pass a direction for a specific amount of maintenance payable by the husband under the Domestic Violence Act. Emphasising the need for concrete evidence of the husband's salary …

₹5 crore released for women survivors of sexual assault, other crimes in Manipur, SC told
1 year, 1 month ago

₹5 crore released for women survivors of sexual assault, other crimes in Manipur, SC told

The Hindu  

The Manipur government on November 20 informed the Supreme Court that ₹5 crore has been credited to a dedicated bank account to disburse compensation to women who are survivors of sexual assault and other crimes committed since May 3, when ethnic violence erupted in the State. Earlier in September, the court had ordered the State government to “immediately identify all …

Indian courts can hear domestic violence case even if happened abroad: Bombay HC
1 year, 8 months ago

Indian courts can hear domestic violence case even if happened abroad: Bombay HC

Hindustan Times  

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held. The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic …

Police penalised for highhanded behaviour against woman advocate
1 year, 9 months ago

Police penalised for highhanded behaviour against woman advocate

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court on Wednesday directed the state to pay compensation for violating the protection of life and personal liberty of a practising woman lawyer. The bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard a writ plea filed by Eunice L. Chawngthu, a practising advocate of the High Court, who complained …

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
1 year, 9 months ago

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions …

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005
1 year, 10 months ago

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

Live Law  

Protection of Women from Domestic Violence Act, 2005 Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
1 year, 10 months ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court
1 year, 10 months ago

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court

Live Law  

The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts.Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence Act "unambiguously stipulates that aggrieved. The …

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, 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 …

Implicated To Settle Personal Score: Bombay High Court Quashes FIR Under Section 498A IPC Against Judicial Officer
1 year, 11 months ago

Implicated To Settle Personal Score: Bombay High Court Quashes FIR Under Section 498A IPC Against Judicial Officer

Live Law  

The Bombay High Court recently quashed an FIR against a judicial officer accused of subjecting her brother’s wife to physical and mental cruelty. A division bench of Justice Anuja Prabhudessai and Justice R. M. Joshi of Aurangabad said that this case of Section 498A IPC is being used to settle personal score. “.the First Information Report in question is a …

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench
2 years, 1 month ago

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench

Live Law  

A Full Bench of the Madras High Court on Thursday held that proceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution and not by invoking the court's power under Section 482 CrPC.The matter was referred to the bench of Justice PN Prakash, Justice RMT Teeka Raman …

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

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner
2 years, 5 months ago

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner

Live Law  

The Allahabad High Court on Monday dismissed a protection plea filed by a married woman and her live-in partner with a cost of Rs.5,000 as it noted that the petitioners had failed to demonstrate that they were facing any threat from the husband of the woman.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that …

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court
2 years, 6 months ago

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court

Live Law  

The Calcutta High Court on Thursday observed that denial of economic support to the wife and the minor son constitutes 'domestic violence' under Section 3 of the Protection of Women from Domestic Violence Act, 2005 and that it is immaterial whether the parties are still residing in a shared household or not. Opining that denial of economic support would constitute …

Hanskhali Gangrape & Murder: PIL Filed In Calcutta High Court Seeking ₹1 Crore Compensation For Victim's Kin
2 years, 7 months ago

Hanskhali Gangrape & Murder: PIL Filed In Calcutta High Court Seeking ₹1 Crore Compensation For Victim's Kin

Live Law  

A Public Interest Litigation petition has been filed in the Calcutta High Court on Thursday seeking compensation to the tune of Rs 1 crore for the family members of the minor victim in the Hanshkhali gangrape and murder case which is currently being probed by the Central Bureau of Investigation. The PIL filed by petitioner Anindya Sundar Das alleged that …

Bombay High Court adds ₹5 lakh more to compensation in accident case
2 years, 7 months ago

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

The Hindu  

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

Bombay HC upholds conviction of husband, in-laws in forced abortion case
2 years, 11 months 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 …

'Mental harassment is never visible': Mumbai court upholds compensation to domestic violence victim
3 years, 2 months ago

'Mental harassment is never visible': Mumbai court upholds compensation to domestic violence victim

India Today  

Mental harassment is a mental injury that’s never visible to the naked eye and has to be established from the facts and circumstances of each case, the Mumbai Sessions Court has said. Additional Session Judge AC Daga said this while dismissing a Ghatkopar resident’s petition against the compensation awarded to his wife by the Vikhroli Magistrate Court under the Protection …

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View
3 years, 4 months ago

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

Live Law  

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

Honey Singh's wife files domestic violence case, seeks Rs 10 cr in compensation
3 years, 4 months ago

Honey Singh's wife files domestic violence case, seeks Rs 10 cr in compensation

Firstpost  

The woman said she was subjected to physical, verbal, mental, and emotional abuse and she was made to feel like a ‘farm animal being treated cruelly’ New Delhi: Wife of Punjabi singer and actor Yo Yo Honey Singh has filed a domestic violence case against him and sought Rs 10 crore compensation under the Protection of Women from Domestic Violence …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 4 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

SC Dismisses Challenge Against Delhi HC Decision Holding That Widow's Right To Compensation For Husband's Death Will Not Abate After Re-Marriage
3 years, 8 months ago

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

Live Law  

The Supreme Court has affirmed a Delhi High Court decision that a widow's right to claim compensation under the Motor Vehicles Act for the death of her husband in a motor vehicle accident will not abate on her re-marriage. By dismissing the SLP against the Delhi High Court decision, the Supreme Court has affirmed that the right of a widow …

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?
3 years, 8 months ago

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?

Live Law  

Hovering over a pertinent question as to when shall we be able to joyfully celebrate the Children's Day in our country, when the tribulations of sensitive souls are haunting our minds with unfortunate innumerable instances of abuse and assault being committed incessantly against the children with no abatement in sight. One may not have any real choice but to move …

Supreme Court Sentences Man To 3 Months Civil Prison For Failing To Clear Maintenance Arrears Of Rs 2.60 Crores To Wife
3 years, 8 months ago

Supreme Court Sentences Man To 3 Months Civil Prison For Failing To Clear Maintenance Arrears Of Rs 2.60 Crores To Wife

Live Law  

The Supreme Court has sentenced a man to three months' civil prison for contempt of court after he did not pay an outstanding of Rs 2.60 crore along with Rs 1.75 lakh monthly maintenance to his estranged wife. Therefore, we punish the contemnor/respondent for committing contempt of this court and sentence him to imprisonment for a period of three months …

High Courts Weekly Roundup [Feb 8 – Feb 14]
3 years, 10 months ago

High Courts Weekly Roundup [Feb 8 – Feb 14]

Live Law  

Summation of important Judgments/Orders this week Allahabad High Court 1. Abetment To Suicide Charge Against Husband- "Providing Medical Assistance To Wife Wouldn't Absolve Him From Guilt": Allahabad High Court A Bench of Justice Rahul Chaturvedi dismissed the bail plea of a Husband who has been booked for abetting his wife's suicide while noting that only providing the medical assistance to …

SC Terms 2005 Law on Domestic Violence as 'Milestone'
4 years, 2 months ago

SC Terms 2005 Law on Domestic Violence as 'Milestone'

News 18  

Terming the 2005 law on protection of women from domestic violence as a milestone, the Supreme Court Thursday said such offences against them is rampant in this country and face violence in some form or the other on almost every day. The enactment of Act, 2005 is a milestone for protection of women in this country, the apex court said …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 2 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18  

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 2 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]
4 years, 3 months ago

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that, a magistrate shall consider maintainability of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, if such a contention is raised by the opposite party.A party against whom a proceedings is initiated under Section 12 of the Act cannot approach the High court for quashing the proceedings …

Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve
4 years, 4 months ago

Victim Compensation For Wrongful Prosecution/Conviction-Indian Judiciary Yet To Evolve

Live Law  

Humans of Bombay recently raised ₹23 lakhs for Ali Mohammad Bhat, a carpet weaver from Kashmir who had been wrongfully imprisoned by the Indian state for 23 years on trumped-up charges of terrorism. In Rudul Sah v. State of Bihar the Supreme Court, recognising the violation of article 21 rights, ordered the Bihar government to pay ₹30,000 for detaining the …

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