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Section 498A IPC Is Non Compoundable But FIR Can Be Quashed Considering The Compromise: Bombay HC
Dhanraj vs Maharashtrathat notwithstanding the fact the offence under Section 498A IPC is a non-compoundable offence, there should be no impediment in quashing the FIR under this SectionHits: 4379 -
Azizurrahman v. Hamidunnisha @ Sharifunnisha that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children.Hits: 4778
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Well Qualified Wife Expressing Desire To Do Job Does Not Amount To Cruelty: Bombay HC
Pundlik Martandrao Yevatkar v. Sau Ujwala @ Shubhangi Pundlik Yevatkar that the expression of desire by a well-qualified wife that she wants to do a job does not amount to cruelty.Hits: 4946 -
Priyanka Shrimali vs Rajasthan that the use of the word ‘unmarried’ in Rule 2(c) of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996 depriving a...Hits: 18521
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Sagar Kapoor v/s Haryana that merely because the parties are engaged and are meeting each other, it doesn’t give any right or liberty to the proposed bridegroom to sexually exploit the fiancée...Hits: 4261
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Smt.Nalini Mishra vs Surendra Kumar Patel that the act of a wife visiting the office premises of the husband and creating scenes with abusive language amount to cruelty.Hits: 5776
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Fija vs State Govt of NCT of Delhi that as per Mohammedan Law, a minor girl who had attained the age of puberty can marry without consent of her parents and has a right to reside with her husband...Hits: 6814
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Sunita & Anr. vs Vijay Pal @ Mohd. Sabir that whenever a party claims a change in circumstance after an order granting maintenance has been passed under Section 125 CrPC, the appropriate...Hits: 9156
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Order Cancelling Maintenance U/S 127 CrPC Cannot Operate Retrospectively: Kerala HC
Jumaila Beevi v. A Nissar that an order of cancellation of maintenance under Section 127(2) of the Code of Criminal Procedure (CrPC) always operates prospectively and not retrospectively.Hits: 12357 -
Husband’s Repeated Taunts, Comparisons With Other Women Qualify As Mental Cruelty: Kerala HC
constant and repeated taunts of the husband that his wife did not meet his expectations and comparisons with other women would amount to mental cruelty as contemplated under Section 10(x) of the...Hits: 4794 -
Suresh Tirkey vs The Governor With Connected Matters that the right to shelter is a fundamental right of every citizen under the Constitution and any infraction of this right by State action must...Hits: 6417
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Durgi Devi v. Himachal Pradesh that the second wife of a deceased employee is not entitled to family pension under the Central Civil Services Pension Rules, unless the personal law applicable to...Hits: 13651
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Anmol Verma vs Radhika Sareenthat the facts and circumstances unequivocally suggest that the wife has incessantly been filing the complaints against the petitioner and his family members that led...Hits: 5266
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P Rajeshwari And Another vs A.P. that the false implication of the relatives of the husband in matrimonial disputes based on general and omnibus allegations.Hits: 7101
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Pradeep Kumar vs Smt.Bhawana that: To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective.Hits: 4606
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Removal Of Mangalsutra By Wife Mental Cruelty Of Highest Order: Madras HC
C Sivakumar Vs A. Srividhya that removal of 'thali' (Mangalsutra) by an estranged wife would amount to subjecting the husband to mental cruelty of the highest order.Hits: 7152 -
Damini Manchanda v. Avinash Bhambhani has taken a serious view of a case wherein the husband deliberately avoided service in the divorce proceedings filed by his wife in India, refused to appear...Hits: 4065
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Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala HC
Navaneeth N Nath v Kerala that a subsequent refusal to marry or a failure to lead the relationship into a marriage is not sufficient to constitute the offence of rape even if the partners had...Hits: 5945 -
Treating Wife Like Cash Cow Without Any Emotional Attachment To Her Is Cruelty: Karnataka HC
Leena Monteiro vs Alwyn D'Cruz that a husband treating his wife as a cash cow and using her money without having any emotional attachment towards her would amount to mental cruelty.Hits: 5314 -
Neethu v Trijo Joseph that a Court can strike off the defence of the defaulter if they deliberately or willfully refuse to comply with its order directing payment of interim maintenance under the...Hits: 13311
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Chhayaben @ Hetalben Atulbhai Asodariya Vs The Registrar Of Birth And Death/Chief Officer has allowed a writ seeking direction upon the Registrar of Birth and Death/Chief Officer, to delete the...Hits: 9939
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Mukesh Bansal v UP that one of the most significant guidelines issued by the Court clearly states that after the registration of a First Information Report (FIR) under 498A IPC, no arrest or...Hits: 6895
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Long Cohabitation Between Man And Woman Raises Strong Presumption In Favour Of Their Marriage: SC
Kattukandi Edathil Krishnan vs Kattukandi Edathil Valsan that long cohabitation between a man and women raises a strong presumption in favour of their marriage.Hits: 6093 -
Ram Parvesh v. UP that matrimonial dispute between the husband and wife should be quashed when the parties have resolved their entire dispute amongst themselves through a compromise deed duly filed...Hits: 7776
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Sh Jagmohan Kashyap v. Govt of NCT of Delhi that the right to claim maintenance under the Domestic Violence Act, 2005 and under Section 125 of Code of Criminal Procedure are not mutually exclusive.Hits: 11104
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Income, Age, Bigger Family Cannot Be Sole Criteria In Child Custody Matter: SC
Swaminathan Kunchu Acharya vs Gujarat that income, age, bigger family cannot be the sole criteria to tilt balance in child custody cases.Hits: 5026 -
Vijay Babu v. Kerala while granting interim anticipatory bail to actor Vijay Babu in a rape case observed that the accused being abroad does not disentitle him from having his anticipatory bail...Hits: 5035
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Anamika Srivastava v. Anoop Srivastava that the Court is not supposed to act in a mechanical manner and force the parties to engage in mediation where the marriage has irretrievably broken down.Hits: 5783
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Quashing Of FIR In Matrimonial Disputes Is Welcome: Delhi HC Quashes Rape FIR Against Father In Law
Arshad Ahmad v. State NCT Of Delhi that in matrimonial offences, quashing of FIR is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due...Hits: 7442 -
Wife Forcing Husband To Live Separately From His Parents Is Mental Cruelty: Chhattisgarh HC
Shailendra Kumar Chandra vs Smt Bharti Chandra that if a wife insists on separating her husband from his parents and threatens to implicate him in a false dowry demand case, she is committing...Hits: 10934
