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Archive for January, 2009

Meaning of, Cruelty – A Ground for Divorce

‘Cruelty‘ is one of the common grounds in all the personal laws on which a decree for judicial separation or divorce can be obtained. It is also a ground for separate residence and maintenance for the wife. It is a valid defense for defeating a claim for restitution of conjugal rights. ‘Cruelty’ under section 498-A [...]

DV dismissed – Sonia versus Vinod

IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI :DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic Violence Act, 2005 Sonia versus Vinod 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person with Ld. Counsel Shri Anujai Tiwari. Ld. [...]

Section 125 – Adultry

Mumbai High Court Chanda Preetam Wadate vs Preetam Ganpatrao Wadate And Anr. on 15/10/2001 JUDGMENT 1. The applicant had filed proceedings for maintenance under Section   125, Criminal Procedure Code. The said proceedings were dismissed by   the Judicial Magistrate, First Class, Yavatmal vide judgment dated   31-3-1993. The applicant had filed revision against the [...]

MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 125: Cr.P.C. Order for maintenance of wives, children and parents (1) If any person having sufficient means neglects or refuses to maintain, (a) his wife, unable to maintain herself to, (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being [...]

Adultery – No Maintenance

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.2.2008 CORAM THE HON’BLE MR.JUSTICE P.R.SHIVAKUMAR Crl.R.C.No.1491 OF 2005   Marimuthu       … Petitioner                         vs. Janaki        … Respondent  Criminal Revision Case is filed against the order passed in M.C.No.4 of 2003 dated 2.9.2005 on the file of Judicial Magistrate No.2 of Ponneri.    For petitioner :  Mr.C.R.Dhasarathan [...]

Maintenance under the CrPC

Section 125 does not aim to benefit those belonging to any particular religion, its use by Muslim wives was curtailed by the Muslim Women (Protection of Rights on Divorce) Act, 1986. However, according to a report in the Indian Express, the High Court of Bombay at Aurangabad has said that a Muslim woman is entitled [...]

handcuffing – Supreme Court guidelines

The Supreme Court on handcuffing of prisoners issued the following       directions:       We declare, direct and lay down as a rule that handcuffs or other fetters shall not be forced on a prisoner – convicted  or under trial – while lodged in a jail any where in the country or while transporting or in [...]

Prevention of offences (by Acids) Act 2008

Prevention of offences (by Acids) Act 2008 (National Commission for Women – Draft Bill) Statement of object and reasons In most cases, acid attacks permanently disfigure, debilitate and,eventually, destroy the victim, both physically and psychologically. While many attacks have resulted in slow and painful deaths, cases like that of Haseena (in April 1999) and in [...]

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