Bombay HC Allows Transfer Of Proceedings In A Case Of Domestic Violence Due To Husband’s Fear From Wife And Relatives [Read Order]
6 years, 5 months ago

Bombay HC Allows Transfer Of Proceedings In A Case Of Domestic Violence Due To Husband’s Fear From Wife And Relatives [Read Order]

Live Law  

In an unusual case, the Bombay High Court has allowed transfer of proceedings from JMFC Shindkheda to JMFC Dhule in a case under the Domestic Violence Act as the applicant husband fears for his security from wife and her relatives.Justice AM Badar was hearing the application filed by the husband and said that justice would be served in transferring the proceedings.Case BackgroundRespondent. In an unusual case, the Bombay High Court has allowed transfer of proceedings from JMFC Shindkheda to JMFC Dhule in a case under the Domestic Violence Act as the applicant husband fears for his security from wife and her relatives. Order The court noted that it is clear from provisions of the Protection of Women from Domestic Violence Act, 2005 that an aggrieved person under the Act can filed proceedings from their native place, however, the court said: “At the same time, assurances of fair trial is the first imperative of dispensation of justice and central criterion for the Court to consider when a motion for transfer is made. Report of the non-cognizable case filed by the applicant no.1/husband with the concerned police station shows that he as well as his relatives were beaten by the respondent/aggrieved person and her relatives.” The court concluded that the husband’s contentions were justified and Justice Badar said: “Shindkheda is the native place of respondent no.1/wife.

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History of this topic

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
2 months ago

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

Live Law  

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 1 week ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 1 week ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
2 months, 3 weeks 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 …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
2 months, 3 weeks 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 …

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

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 months, 3 weeks 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 …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement
6 months, 1 week ago

HC fines Jagadhri woman with ₹1 lakh for delaying withdrawal of criminal case despite settlement

Hindustan Times  

The Punjab and Haryana high court has imposed a fine of ₹one lakh on a Haryana woman for dillydallying on withdrawal of criminal proceedings against her estranged husband even after a settlement leading to divorce decree by mutual consent. In August 2023, the husband withdrew the petition seeking quashing of FIR as the woman submitted that he had not honoured …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
6 months, 3 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
7 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 …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
7 months, 3 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 …

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law
8 months, 3 weeks ago

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Hindustan Times  

MUMBAI: The Bombay high court recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment. The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
9 months, 3 weeks ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
10 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 …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
10 months, 1 week ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

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

HC quashes FIR against NRI woman accused of abandoning her husband
1 year, 1 month ago

HC quashes FIR against NRI woman accused of abandoning her husband

Hindustan Times  

The Punjab and Haryana high court has quashed a criminal case of cheating against an Australian NRI woman, who after settling there is being accused of abandoning the husband, who allegedly spent nearly ₹30 lakh to send her abroad. The Punjab and Haryana high court has quashed a criminal case of cheating against an Australian NRI woman, who after settling …

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court
1 year, 7 months ago

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. Act, no application under Section 12 pending before a Magistrate can be transferred to a Family Court," the Bench observed. Act by filing an …

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench
1 year, 7 months ago

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench

Live Law  

The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 9 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court
1 year, 9 months ago

Discretion Of Court To Transfer Or Club Cases Is Not Discretion Of A Mughal Emperor: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the trial court dismissing an application filed by a woman to club two pending suits for a common trial and disposal. Observing that obviously the two suits will have their own issues but same is no ground for denying the request for clubbing, the court said: "It is also …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 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 …

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court
1 year, 11 months ago

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court

Live Law  

The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005. Justice GA Sanap of the Nagpur bench observed that the Act is a social beneficial legislation and the lawmakers worded section 27 of the Act keeping in mind possible …

Indian courts can hear domestic violence case even if happened abroad: Bombay HC
1 year, 11 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 …

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court
2 years ago

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court

Live Law  

The Meghalaya High Court recently ruled that an application under Section 12 of the Domestic Violence Act is not a complaint and the procedure and proceedings under Sections 200, 202 and 204 CrPC cannot be pursued by the parties or by the Magistrate. Alleging contravention of the procedures under the Domestic Violence Act, the petitioner further submitted that even if …

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict
2 years ago

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict

Live Law  

The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended. The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he …

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court
2 years ago

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday ruled that merely because proceedings have been initiated by a wife against her husband under the Protection of Women from Domestic Violence Act, 2005, no bar can be construed against lodging an first information report for cruelty under Section 498A of the Indian Penal Code. Single-judge Justice Sanjay Dhar said …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer
2 years, 1 month ago

Matrimonial Dispute| 'Transfer Isn't Always Allowed In Wife's Favour': P&H High Court Grants Relief To Husband Suffering From Brain Cancer

Live Law  

Granting relief to the husband in a matrimonial dispute case, the Punjab And Haryana High Court observed that it isn't the case that transfer of a case is always allowed in favor of the wife.With this, the bench of Justice Nidhi Gupta allowed the transfer plea filed by a husband and ordered to transfer oa case filed by the wife …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
2 years, 1 month 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 …

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

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea
2 years, 2 months ago

‘Intention to Harass Wife Must be Discouraged’: Calcutta HC Dismisses Husband's Case Transfer Plea

News 18  

The Calcutta High Court recently dismissed a plea moved by a husband to transfer the case for maintenance filed by his wife. The single-judge bench noted that in his revision plea, the husband said the case filed by his wife may be transferred to any court, except Burdwan, where the wife was currently residing, which prima facie proved his ill-intention. …

'Fair Trial Unlikely' : Supreme Court Transfers Trial Of YS Vivekananda Reddy Murder Case From Andhra Pradesh To Hyderabad
2 years, 3 months ago

'Fair Trial Unlikely' : Supreme Court Transfers Trial Of YS Vivekananda Reddy Murder Case From Andhra Pradesh To Hyderabad

Live Law  

The Supreme Court on Tuesday transferred the trial of murder of former AP Minister YS Vivekananda Reddy from Andhra Pradesh to Special CBI Court Hyderabad, noting that apprehensions raised by his wife and daughter regarding derailment of fair trial are reasonable.A bench comprising Justice MR Shah and Justice MM Sundresh ordered the transfer on a petition filed by the daughter …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 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 …

Bombay High Court Orders Inquiry Into Father's Allegations That Police Prosecuted His Minor Son For Murder As Adult On Failure To Offer Bribe
2 years, 6 months ago

Bombay High Court Orders Inquiry Into Father's Allegations That Police Prosecuted His Minor Son For Murder As Adult On Failure To Offer Bribe

Live Law  

The Bombay High Court has ordered an inquiry to be conducted into a father's allegations that his son was being wrongfully treated as an adult in a murder case despite being a juvenile. The court directed the Additional Commissioner of Police, North Region, Mumbai, to conduct an inquiry into the allegations made by the father against the Police Inspector investigating …

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court
2 years, 6 months ago

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that offences arising out of matrimony, where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings. The bench of Justice Sanjay Dhar was hearing a plea whereby the petitioner …

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife
2 years, 6 months ago

Inter-Caste Marriage : Supreme Court Quashes Non-Bailable Warrants Issued Against Dalit Man In A Case Alleging Abduction Of Wife

Live Law  

The Supreme Court last week granted pre-arrest bail and quashed non-bailable warrants issued against a man belonging to the Dalit community, who was accused of kidnapping and forcibly marrying an upper caste woman. The Court was considering an SLP challenging the judgment of the High Court of Jharkhand dated March 22, which dismissed the petitioner's plea against non-bailable warrants against …

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case
2 years, 6 months ago

Law Considers Women As 'Weaker Section' Of Society Requiring More Protection: Bombay High Court While Transferring Matrimonial Case

Live Law  

The Bombay High Court last week transferred a matrimonial case observing that law considers women as belonging to weaker section of society and her inconvenience needs to be prioritized. The court observed, "Even though this reason may be of some importance, the fact that the Applicant in Miscellaneous Civil Application No.171 of 2022 is a lady, her inconvenience needs to …

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court
2 years, 7 months ago

[Transfer Of Matrimonial Case] More Weightage To Be Given To Husband's Convenience When He's Taking Care Of Children: MP High Court

Live Law  

The Madhya Pradesh High Court recently in an application for transfer of a matrimonial case observed that when it's the husband who has the custody of the minor children, more weightage has to be given to his convenience compared to that of the wife. The bench comprising of Justice Nandita Dubey further noted that under such circumstances, the husband cannot …

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC
2 years, 7 months ago

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC

The Hindu  

The basic relief proceedings under the Protection of Women from Domestic Violence Act, 2005 are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure, the Madras High Court has held. It is only when there is a breach of …

Marriage of Minor Sexual Abuse Survivor, Accused Doesn't Mitigate Act: Delhi High Court
2 years, 7 months ago

Marriage of Minor Sexual Abuse Survivor, Accused Doesn't Mitigate Act: Delhi High Court

News 18  

The Delhi High Court, dealing with a POCSO Act case bail plea, on Friday observed that merely because such sexual abuse results in tying of knot between the victim and the accused is in violation of provisions of law or results in birth of a child, this does not mitigate the act in any manner. Justice Anoop Kumar Mendiratta was …

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 8 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry
2 years, 9 months ago

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Live Law  

The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act for penetrative sexual assault, as the victim girl says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclined to accept the request for quashing the FIR, only …

'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust
2 years, 9 months ago

'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust

Live Law  

While opining that it is a matter of shame for a lawyer to be involved in serious offences of cheating, criminal breach of trust and criminal intimidation, the Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. The Bench identified …

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court
2 years, 10 months ago

Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court

Live Law  

The Telangana High Court has recently ruled that even if the husband offers to pay the conveyance charges for the wife to appear for the family court hearings, if such an offer seems to have been made without bona fides, it can order for the case to be transferred to the Family Court near the residence of the wife. On …

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