Know Thy Judge | Supreme Court of India: Justice Aniruddha Bose
Justice Aniruddha Bose who celebrates his 64th birthday today, had served the High Courts of Calcutta and Jharkhand as a Judge prior to being elevated to the Supreme Court in 2019.
adultery
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases
The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
Karnataka HC | A third party’s privacy cannot be permitted to be violated on the specious plea of a husband seeking to prove his wife’s illicit relationship
A Family Court order allowed a husband to seek mobile tower record details of the petitioner’s mobile number, so that he can prove the existence of illicit relations between the petitioner and his wife. The Karnataka HC sternly quashed the same citing violation of petitioner’s Right to Privacy
HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata
Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly
If a husband stops talking to the wife, would that cause mental cruelty? P&H HC elaborates
Punjab and Haryana High Court: In a matter with regard to mental cruelty, the Division Bench of Ritu Bahri and Ashok Kumar
Media Trial, Permanent Alimony, Child Marriages, Live-in Relationships and more | 11 Legal Stories of the Week
Interesting Stories of the Week [Media Trial] Can media be given right to speculate on outcome of one going investigations or Court
Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision under S. 125(4) CrPC: Del HC
Delhi High Court: While addressing a matter with regard to a wife’s right to maintenance Chandra Dhari Singh, J., expressed that, only
At odd hours, if wife continues making discreet phone calls with another man even after a warning by husband, would it constitute matrimonial cruelty? Ker HC decides
Kerala High Court: The Division Bench of A. Muhamed Mustaque and Dr Justice Kauser Edappagath, JJ., held that, despite a warning by
“Many a times wives sacrifice their career only for family” Can interim maintenance be denied if wife is capable of earning? Del HC elaborates
Delhi High Court: While addressing a matter with regard to maintenance to wife, Subramonium Prasad, J., held that the fact that the
Can ’emotionally dead’ marriage be dissolved in exercise of Art. 142 of Constitution: Read Supreme Court’s opinion
Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., dissolved a marriage while exercising its jurisdiction under Article
Jhar HC | Is the law laid down by the Supreme Court applicable prospectively? Will adultery committed prior to Joseph Shine decision attract conviction when the offence has been declared unconstitutional pre-conviction?
Jharkhand High Court: Anubha Rawat Choudhary, J., acquitted a person convicted under Section 497 of IPC contrary to the law laid down
Del HC | Adultery can only be committed after marriage, allegation of having relationship before marriage cannot be a ground of adultery; Divorce petition dismissed
Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial appeal filed on behalf of the
Bom HC | No right of maintenance under S. 125 CrPC to a wife divorced on grounds of adultery
Bombay High Court: Nitin W. Sambre, J., dismissed the petitions filed by the petitioner questioning the order of denial of maintenance to her. The
Sikk HC | Maintenance under S. 125 of CrPC cannot be denied if the wife “commits adultery” but can only be denied if she is “living in adultery”
Sikkim High Court: Arup Kumar Goswami, CJ., dismissed the petition against the refusal to pay maintenance to the wife because she allegedly
Pat HC | Maintenance denied to wife when divorce granted on grounds of adultery, pendency of appeal to set aside such divorce decree cannot be a reason to uphold order of maintenance
Patna High Court: Ahsanuddin Amanullah, J. allowed the application of the petitioner to set aside the order granting maintenance to his wife
Ker HC | Efforts of wife to maintain herself after desertion is no ground to deny payment of maintenance
Kerala High Court: Alexander Thomas, J. while hearing a revision petition, remitted a matrimonial case to the Family Court, Kalpetta for consideration
Pat HC | Adultery: Joseph Shine v. Union of India given retrospective effect; proceedings under S. 497 IPC set aside
Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceeding filed in the year 2013 under Section 497 of the
Draconian New Penal Code | “Death by stoning” as punishment for Homosexuality and Adultery in Brunei
In the southeast Asian nation of Brunei a new law proposed Homosexuality and Adultery to be punishable by death. As per the new
Adultery [S. 497 IPC and S. 198(2) CrPC]
by Tejaswi Pandit†