8 Legal Stories of the Week: From High Courts to District Courts
“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the
Cruelty
Ker HC | Is not taking treatment for mental illness to bring out a peaceful family atmosphere a form of cruelty and thus, a ground for divorce? HC answers
Kerala High Court: In an interesting case the Division Bench of A.Muhamed Mustaque and C.R. Sophy Thomas, JJ., held that not taking
Constant quarrels between husband and wife: Bom HC observes while granting bail to husband accused of dowry and cruelty
Bombay High Court: Sarang V. Kotwal, J., on noting that the husband and wife cannot live together and there were constant quarrels
J&K HC | Dowry Prohibition Act vis-a-vis J&K Dowry Restraint Act; HC blurs the line between the two
Jammu and Kashmir High Court: In a case alleging dowry death, Rajnesh Oswal, J., clarified the scope and applicability of Jammu and
Tri HC | Woman who is serving in a force can’t be expected to take care of the child alone, as is expected from housewife; Court dismisses petition for dissolution of marriage
Tripura High Court: The Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., dismissed an appeal which was filed aggrieved by the
Matrimonial issues are generally confined to the bedroom and the matrimonial home, away from public eye and gaze: Will strict parameters of evidence still be followed? Read Del HC’s decision
Delhi High Court: While addressing a matrimonial dispute, Division bench of Vipin Sanghi and Jasmeet Singh, JJ., held that, In cases where
High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
Cruelty by Wife | Wife made serious criminal allegations against husband and his parents but couldn’t prove: Would this amount to cruelty against husband to grant divorce? Del HC answers
Delhi High Court: While addressing a matrimonial matter wherein a wife caused cruelty to husband, Division Bench of Vipin Sanghi and Jasmeet
Del HC | Normal wear & tear not a reason to end marital relationship: Can allegations of demand of dowry and alcohol consumption made by wife amount to ‘cruelty’? Read to know full story
Delhi High Court: Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption,
Del HC | Materialistic attitude of husband considering wife as cash cow: Is it a ground to dissolve marriage? Read to know
Delhi High Court: The Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., noted in a matrimonial matter that the wife was
Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide
Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the
Wife commits suicide after speaking to husband on mobile phone, husband suspicioned to have instigated wife| Read whether Del HC grants bail to husband
Delhi High Court: Mukta Gupta, J., decided a bail matter wherein the husband suspicioned to have instigated the wife to commit suicide.
Bom HC | No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?
Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ. addressed whether prior to the decision on divorce petition,
SCC Online Weekly Rewind Episode 23 ft. Devika Sharma
SCC Online Weekly Rewind Episode 23rd ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode
[Marital Rape] Ker HC | Is marital rape a form of cruelty? Can it be a ground for divorce? HC examines
Kerala High Court: The Division Bench comprising of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that merely for the reason that
Ker HC | Does false accusation of unchastity amount to cruelty? Can it be the ground for divorce? HC answers
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Kauser Edappagath, JJ., held that unsubstantiated allegation of unchastity against wife
Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers
Bombay High Court: The Division Bench of Ujjal Bhuyan and Prithviraj K. Chauhan, JJ., held that wife wishing to stay abroad with
Cal HC | Is mere demand of money, property, etc. sufficient to penalise for demanding dowry? Court answers; says gifts exchanged out of love are not dowry
Calcutta High Court: Bibek Chaudhuri, J., expressed that, voluntary presents given at or before or after the marriage to the bride or
S. 304-B IPC and S. 113-B of Evidence Act are decisive provisions to ascertain unnatural death as dowry death: Allahabad HC explains
Allahabad High Court: Dinesh Pathak, J., addressed a matter of dowry death and upheld the lower court’s decision. Factual Matrix An FIR
Explained| Cruelty and Dowry Death: Can conviction under Section 304-B IPC sustain without any charges under Section 498A IPC?
Supreme Court: In a case relating to dowry death, where it was argued by the accused that without any charges under Section