The judgment below has been copied from original link of Punjab SIC website given below as given by google search. http://www.google.com/url?sa=t&source=web&ct=res&cd=2&ved=0CAwQFjAB&url=http%3A%2F%2Fwww.infocommpunjab.com%2Fhtm%2Fdocuments%2F2009%2FOrders%252016%255B1%255D.11.2009.doc&ei=5rjZS-u5HI2gsgPOiJGwAQ&usg=AFQjCNFVw0qpmHUtxfMf6l8ttTJ6hpdMcg&sig2=Ys-RWEwowx4Wn-PDqFtsMA Note: The garbled text in 2 paras in judgment below is as in original judgment. The main points of the judgment are: That section 22 of RTI act has overriding effect on Sec 172 of CrPC. That case diary maintained by police is “information” as per RTI Act. To claim exemption under sec 8 (h) of RTI act, the police should not only allege but also at least prima facie show that disclosure of information would … [Read more...] about Punjab SIC judgment which allows case diary from police through RTI
Man gets divorce confirmation from Mumbai HC after 18 years
So if you are a man and want divorce, pray that your wife breaks into your house after alleging you are having extra-marital affair, and hopefully in your lifetime you will be granted divorce by supreme court, err high court in this case. Surely things are improving for men since Supreme Court’s Justice Katju’s comment to a husband who had applied for divorce: “you have waited for 17 years, you can wait for few more months”. http://www.dnaindia.com/india/report_false-allegations-of-infidelity-can-be-ground-for-divorce_1373294 Mina’s act of breaking into Amit’s house and alleging that he was having an extramarital affair were enough to prove the charge of cruelty, the court said. “The appellant [Mina] must have obviously caused tremendous hardship, inconvenience, unnecessary expenses, … [Read more...] about Man gets divorce confirmation from Mumbai HC after 18 years
Husband gets divorce due to cruelty due to false allegations by wife
The relevant portions are made bold in Mumbai High court judgment below: http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1278205.pdf //// 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.68 OF 2005 Smt Nita alias Nathi Hitendrakumar Sakariya, aged 24 years, Occ: Household, Hindu Indian Inhabitant of Rajasthan, residing at C/o Kantilal Dhar-Parmar Sumerpur Main Bazar, Near M.P.Traders, Dist.Pali, Rajasthan-306902. .. Appellant Vs Shri Hitendrakumar Kaluram Sakariya, aged about 26 years, Occupation Business, Hindu, Indian Inhabitant of Mumbai, residing at 84, Militia Apartment, Block No.4, 1st floor, Mhatar-Pakhadi Road,Mazgaon, … [Read more...] about Husband gets divorce due to cruelty due to false allegations by wife
Judges root for joint custody but laws are already in place!
http://www.dnaindia.com/mumbai/report_judges-root-for-joint-custody-of-child_1362244 “In family laws, we are almost 30 to 40 years behind. The world has gone far ahead,” said justice AP Shah. Justice Shah explained that the norm in Indian courts — to give the custody to one parent (mostly the mother) with the other parent getting visitation rights — is outdated. Justice Dalvi explained that joint custody indicates shared physical custody of the child, or a legal custody in which the child is in close contact with both parents. The parents also make joint decisions for the child. “The sole custody precedent works against the best interests of the child. Besides, selection of one parent increases litigation. The laws need to be amended, enabling the court to award joint custody … [Read more...] about Judges root for joint custody but laws are already in place!
Divorce granted by foreign courts is valid in India
Important points are made bold in Supreme Court judgment below. The high court did not even look at the basic facts of divorce certificate’s date and alleged second marriage date. No wonder there are more than 3 crore pending cases in Indian courts, when a high court does not seem to notice what a clerk can notice casually. Tue Nov 17, 2009 3:08 am (PST) IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2122 OF 2009 (Arising out of SLP(Crl.) No. 5910/2006) Pashaura Singh ...Appellant Versus State of Punjab & Anr. ...Respondents JUDGEMENT R.M. Lodha, J. Leave granted. 2. In this appeal by special leave, the appellant has challenged the order dated May 24, 2006 passed by the High Court of Punjab and Haryana. By the said order, the … [Read more...] about Divorce granted by foreign courts is valid in India
Woman earns but that can’t be considered income: says Mumbai High Court
You decide! I have made the relevant points in bold below: PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.5338 of 2009 Anup Avinash Varadpande .. .. Petitioner v/s. Anusha Anup Varadpande .. .. Respondent Mr.U.P. Warunjikar for Petitioner. Mr.S.S. Punde for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January, 2010 ORAL ORDER : 1.Heard both sides. 2.Rule. Rule is made returnable forthwith. 3.Upon a matrimonial dispute for interim maintenance prosecuted in the Family Court, the Petitioner-husband has impugned the order of the Principal Judge, Family Court, Pune, dated 31st March 2009, Exhibit-H to the Petition. The order for maintenance is granted upon the Application for interim maintenance made … [Read more...] about Woman earns but that can’t be considered income: says Mumbai High Court