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Cruelty

Case BriefsHigh Courts

[Flashback] Ker HC | If a husband imputes infidelity and immorality on the part of his wife, would that amount to cruelty? Read How HC discusses applicability of S. 27 of Special Marriage Act

To marry or not to marry and if so whom, may well be a private affair. But, the freedom to break a

Published on December 28, 2020December 31, 2020By Bhumika Indulia
Leave a comment3848 views
Case BriefsHigh Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Published on December 22, 2020December 25, 2020By Bhumika Indulia
Leave a comment3575 views
Case BriefsSupreme Court

Man roped in in the dowry death of his brother’s wife freed after 2 decades as SC finds allegations against him vague

Supreme Court: The bench of NV Ramana* and Surya Kant, JJ has acquitted a man convicted under Section 498­A read with Section 34 IPC for the death of his

Published on December 2, 2020December 4, 2020By Prachi Bhardwaj
Leave a comment3773 views
Case BriefsHigh Courts

Del HC | Is making false allegation of impotency by wife against husband a ground for decree of divorce? Court determines

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., refused to set aside the order of the trial court granting

Published on November 21, 2020November 24, 2020By Bhumika Indulia
Leave a comment5804 views
Case BriefsHigh Courts

HP HC | Remedy under S. 125 CrPC and S. 12 of DV Act, 2005 are distinct and different; Law does not prohibit wife to proceed under both of the said statutory provisions simultaneously or otherwise; Petition dismissed  

Himachal Pradesh High Court: Ajay Mohan Goel J., while rejecting the present criminal revision sought against the compensation and maintenance allowed by

Published on October 30, 2020November 6, 2020By Editor_4
Leave a comment6369 views
Hot Off The PressNews

Allegations made by women for being subjected to gang-rape in lockup: NHRC takes suo motu cognizance

The National Human Rights Commission issued notice to the Chief Secretary, Director General of Police and the Director-General of Prisons, Madhya Pradesh

Published on October 23, 2020October 23, 2020By Bhumika Indulia
Leave a comment2127 views
Case BriefsHigh Courts

Bom HC | Abuse of S. 498-A IPC by making vague allegations and roping in family members of husband: Courts to carefully scrutinize allegations

Bombay High Court: A Division Bench of Z.A. Haq and Amit B. Borkar, JJ., while allowing the present criminal application filed under

Published on October 22, 2020October 30, 2020By Bhumika Indulia
1 Comment6795 views
Case BriefsSupreme Court

23 years after his wife’s death, a man walks free as SC sets aside his conviction for abetting her suicide based on ‘speculations’ and ‘inferences’

“The Trial Court and the High Court speculated on the unnatural death and without any evidence concluded only through conjectures, that the appellant is guilty of abetting the suicide of his wife.”

Published on October 2, 2020October 3, 2020By Prachi Bhardwaj
Leave a comment5692 views
Case BriefsHigh Courts

Bom HC | Does Family Court has jurisdiction to entertain an application for relief under Ss. 18 to 22 of the D.V. Act? Read what Court held

Bombay High Court: C.V. Bhadang, J., addressed an application regarding the transfer of Criminal Miscellaneous Application regarding the dissolution of marriage on

Published on October 1, 2020October 9, 2020By Bhumika Indulia
2 Comments8001 views
Case BriefsHigh Courts

Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years

Tripura High Court: A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that

Published on September 16, 2020September 18, 2020By Bhumika Indulia
Leave a comment5049 views
Case BriefsHigh Courts

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

Published on September 14, 2020September 18, 2020By Bhumika Indulia
1 Comment6902 views
Case BriefsHigh Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Published on September 14, 2020September 18, 2020By Editor_4
Leave a comment8169 views
Case BriefsHigh Courts

Telangana HC | For invoking S. 304-B IPC, harassment or cruelty caused to a woman should have happened “soon before her death”

Telangana High Court: K. Lakshman, J.,  while addressing an issue, observed that, there should be a perceptible nexus between the death of a

Published on August 20, 2020August 21, 2020By Bhumika Indulia
Leave a comment4446 views
Case BriefsHigh Courts

Kar HC | When can Court presume under S. 113-A Evidence Act, that dowry death has been caused? HC explains

Karnataka High Court: A Division Bench of B.A. Patil and Hanchate Sanjeevkumar, JJ., upheld the decision of the trial court with regard to

Published on August 17, 2020By Bhumika Indulia
Leave a comment2881 views
Case BriefsHigh Courts

Raj HC | Allegation of woman set ablaze in view of dowry demand dismissed; Prosecution theory of homicidal death sheer exaggeration

Rajasthan High Court: A Division Bench of Sandeep Mehta and Kumari Prabha Sharma, JJ., dismissed the allegations of dowry demand, cruelty against the

Published on August 12, 2020August 13, 2020By Bhumika Indulia
Leave a comment2994 views
Case BriefsHigh Courts

Utt HC | Wife not eligible for medical examination of whether she can conceive or not during Divorce proceedings; Court allows appeal

Suchita Shukla, Editorial Assistant has put this story together

Published on July 30, 2020July 31, 2020By Editor_4
Leave a comment3599 views
Case BriefsHigh Courts

M.P. HC | Provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 are applicable only against husband and not in-laws

Madhya Pradesh High Court: Shailendra Shukla, J., while addressing a anticipatory bail application, held that, “…applicability of the provisions of The Muslim Women

Published on July 13, 2020July 31, 2020By Bhumika Indulia
1 Comment4741 views
Case BriefsHigh Courts

[S. 14 of Family Courts Act] Del HC | In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial

Delhi High Court: Anup Jairam Bhambhani, J., while addressing a matrimonial dispute, observed that, “the only criterion or test under Section 14 of

Published on July 1, 2020July 10, 2020By Bhumika Indulia
1 Comment6977 views
Case BriefsHigh Courts

Cal HC | Harassment by in-laws for woman’s black complexion is cruelty under S. 498-A IPC; Husband convicted for murdering wife over her black complexion

Calcutta High Court: A Division Bench of Sahidulla Munshi and Subhasis Dasgupta, JJ., upheld the conviction of accused-husband under Section 498-A IPC for the

Published on June 30, 2020November 30, 2020By Bhumika Indulia
Leave a comment3277 views
Case BriefsHigh Courts

Gau HC | Refusal to wear “sakha & sindoor” is clear intention that a hindu wife is unwilling to continue conjugal life: Divorce decreed to husband

Gauhati High Court: A Division Bench of Ajai Lamba, CJ and Soumitra Saikia, J., granted a decree of divorce to the appellant-husband on

Published on June 22, 2020July 3, 2020By Bhumika Indulia
Leave a comment5031 views

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