In this particular judgement, the Punjab and Haryana High Court tackled two questions of importance:    Whether the plaintiff-appellant (an unmarried daughter) is entitled to the grant of maintenance till she gets married, as required under Section 21 of the Hindu Adoption and Maintenance Act, 1956 Answering this particular question, the court was of the opinion that a unmarried daughter…

Dr. A. Jairam vs Dr. A. Suman on 9 May, 2005 In this particular judgement, the Rajasthan High Court dismissed the appeal of a husband who claimed that he was not entitled to pay maintenance to his two minor sons as his wife was working as a government employee and was earning over Rs. 25,000 p.m. The court was of…

The Allahabad High Court has held that forcible sex, unnatural sex, sodomy caused against the wishes of the wife, and which degrades the dignity of the wife  is not only a criminal offence but a good ground for dissolution of marriage under section 13 of the Hindu marriage Act. The above judgement is in conformity with the view of the…

The term economic abuse falls under the purview of domestic violence as provided in section 3 of the Domestic Violence Act. In the case decided by the Bombay High Court of Sapna Patel vs Ishwarbhai Patel and others, the Court upheld the decision of the first class magistrate. In the following case, the deceased husband earned his source of income…

In the case of Ajay kumar vs Lata Sharuti, the husband and the brother in law were engaged in a business where they held ancestral joint hindu property and carried on the business of Kiryana store. The wife and the husband resided in the same house on the ground floor. On the death of the husband, the wife and her…

The Supreme Court in the case of Accused X vs the State of Maharashtra held that post conviction illness is a good ground and a mitigating factor to commute death sentence to life imprisonment. . In the above case, the mitigating factor was determined after the conviction. In the following case, X had mercilessly raped and murdered two minor girls…

Whether filing false affidavit, document or statement on oath falls under the purview of contempt of court ? Section 2(a) of the Contempt of Court Act defines contempt as criminal contempt and civil contempt. The filing of false affidavits, forged documents and false statement on oaths falls under criminal contempt of court. Such admissions obstructs, impedes and interferes with the…

Requirements to extend remand beyond 90 days explained by the Supreme Court : The Unlawful Activities Prevention Act (UAPA) provides that an accused can be kept in remand for a period of 90 days. However, a proviso to this under 43(D) 2b of the UAPA provides that such remand can be extended beyond 90 days if the following conditions are…

The Himachal Pradesh high court quashed the FIR lodged against actor Jeetendra, who was alleged to have sexually assaulted his cousin. The incident was alleged to have taken place in 1971 and the FIR was filed after 47 years. This FIR was quashed on the grounds of: a. Inordinate delay to file FIR : Section 468 of the CRPC provides…

In another such landmark judgement, the Uttrakhand HC has been of the opinion that a wife separating her husband from his mother would amount to cruelty. Justice Dhulia and Justice Khulbe opined that: “In normal circumstances, the wife is expected to be with the family of the husband after marriage because she becomes an integral a part of the family…