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Landmark Judgments and Articles on Law

Husband was subjected to cruelty entitling him to divorce under Section 13(1)(ia) of HMA, 1955

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19th September, 2023 Pronounced on:30th January, 2024 MAT.APP.(F.C.) 314/2019 & CM APPL. 52365/2023 (Stay) NISHA KAPOOR @ NISHA SAINI ….. Appellant Through: Mr. Imran Khan, Advocate with appellant in person. Versus DEEPAK SAINI …..Respondent Through:…

Anticipatory bail in section 498a IPC cases, Court cannot direct parties to restore conjugal life

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.710 of 2019 Arising Out of PS. Case No.-11 Year-2017 Thana- EKANGARSARAI District- Nalanda SANJAY KUMAR @ SANJAY PRASAD Son of Kamal Prasad @ Kamla Prasad Resident of Village- Sankhpalli, P.S.- Islampur, District- Nalanda, at…

Magistrates should summon accused only after verifying records to satisfaction about sufficient grounds to proceed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2024 (Arising out of Petition for Special Leave to Appeal (Criminal) No.4415 OF 2023) SACHIN GARG …APPELLANT VERSUS STATE OF U.P & ANR. …RESPONDENTS J U D G M E N T…

Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable.

HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 711 of 2022 Order reserved on : 01.12.2023 Order delivered on : 18.01.2024 1. Suman Sharma, W/o. Subhash Sharma, Aged About 57 Years, R/o. HIG C-109/A, Shailendra Nagar, Police Station City Kotwali, Raipur, District Raipur, Chhattisgarh. 2….

Whether delay in delivery of judgment amounts to violation of Article 21 of the Constitution of India?

IN THE HIGH COURT OF BOMBAY AT GOA Suo Motu Writ Petition No. 2 of 2022 Decided On: 02.01.2023 In Re: High Court on his own motion ( in the matter of pending Judgments and orders passed by Ad-hoc Sr. Civil Judge J.M.F.C., “A” Court,…

Whether high court can direct husband to pay interest towards the price of ornament to wife if he is ready to return ornament as per order of family court?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 1780 of 2005. Decided On: 16.03.2005 Ramesh Chand Daga  Vs.  Rameshwari Bai Hon’ble Judges/Coram: B.P. Singh and S.B. Sinha, JJ. Author: S.B. Sinha, J. Citation: MANU/SC/0210/2005 1. Leave granted. 2. Interpretation of the judgment and order dated 20.1.2000 passed…

Divorce on Wife’s cruelty and Calling impotent, but Man has to pay the Maintenance

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 31ST DAY OF MAY, 2022 PRESENT THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV AND THE HON’BLE MRS.JUSTICE K.S. HEMALEKHA MFA NO.102625/2015 (MC) BETWEEN: XXX, S/O ZZZZ, AGED ABOUT 34 YEARS, OCC: PVT. SERVICE, R/O…

Adding rape charges against husband, his family members in matrimonial cases needs to be curbed

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2007/2023 AK & ORS. ….. Petitioners Through: Mr.Dhruv Diwedi, Advocate with petitioners. versus THE STATE NCT OF DELHI, & ANR. ….. Respondents Through: Mr.Mukesh Kr, APP for the State with SI Komal, PS Jagatpuri. Mr.Rohit…

Calling husband coward and unemployed and Forcing him to get separated from his parents, is cruelty

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE BEFORE: The Hon’ble Justice Soumen Sen And The Hon’ble Justice Uday Kumar F.A. No. 25 of 2010 JHARNA MANDAL Vs. PRASHANT KUMAR MANDAL For the Appellant : Mr. Rahul Karmakar, Adv.,Mr. Debabrata Roy, Adv.,…

Section 498A IPC Quash – Filed after 3 years of Separation

THE HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO CRIMINAL PETITION No.1958 of 2021 ORDER: Petitioners are Accused Nos.1 to 4 in C.C.No.567 of 2019 on the file of the I Additional Junior Civil Judge, Narasaraopet for offences under Sections 498-A, 509, 506 r/w 34 of I.P.C. 2….

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