Justice Amit Mahajan Archives

DNA report merely proves paternity, and it cannot by itself establish absence of consent: Delhi HC acquits a man convicted of rape

Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs High Courts

Living together in a shared household through a relationship in ‘nature of marriage’ is also domestic relationship under DV Act: Delhi HC

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

Case Briefs High Courts

‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case

‘The allocation of the family resource cake should align with the financial needs of each family member’