This older Delhi High court judgment by Justice S N Dhingra is an important one which puts equality between men and women before the law on a sound footing. It seems from the wording that the case involves asking for maintenance under one more section (probably HMA 24) while also getting it under CrPC 125. The judgment orders that she not sit idle on her MBBS qualification and do some honorary work while she is getting maintenance from husband.Full judgment below with important points in bold:IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1153/2008 KAVITA PRASAD ….. Petitioner Through: Mr. S.D. Singh, Adv. versus RAM ASHRAY PRASAD ….. Respondent Through: CORAM: HON’BLE MR. JUSTICE SHIV NARAYAN DHINGRA O R D E R 01.10.2008 The petitioner who is an MBBS qualified Doctor and admittedly had … [Read more...] about Qualified MBBS wife asked to do some work: Delhi HC Judgment
Supreme Court judges are only men, they could suffer!
Finally the Indian Supreme Court has got a new kind of mud thrown on its face. Allegations of sexual harassment against a judge.http://www.deccanherald.com/content/368661/intern-alleges-sexual-harassment-ex.htmlThe law student had accused the judge, since retired, of sexually assaulting her last December, when the country was witnessing protests over the December 16 Delhi gang-rape. She claimed that the incident occurred in a hotel room, during her internship under the judge. She first narrated the incident in a blog post for “Journal of Indian Law and Society” on November 6, and later in an interview.After the attorney general made a submission on the intern’s allegations, the court admitted that “sexual harassment is an extremely serious matter”.“We are taking steps. We have formed a … [Read more...] about Supreme Court judges are only men, they could suffer!
Mumbai court denies maintenance to wife on grounds of adultery
A recent judgment of a Mumbai lower court declined maintenance on grounds of her adultery.http://articles.timesofindia.indiatimes.com/2013-11-09/mumbai/43853807_1_husband-and-wife-estranged-husband-extra-marital-relationship MUMBAI: A local court on Friday rejected a 38-year-old South Mumbai woman's plea for maintenance from her estranged husband after it found she was involved in an adulterous relationship. "The wife who engaged herself in (an) adulterous relationship with a man ... cannot claim maintenance and cannot be allowed to take advantage of her own wrongdoings," the court said while accepting the 40-year-old husband's plea seeking divorce on grounds of cruelty and adultery. First thing to be noted is that court has also granted divorce to husband based on wife's … [Read more...] about Mumbai court denies maintenance to wife on grounds of adultery
Let the games begin–MIL can file DV on DIL
There is real good news for all those feminist mother in laws, who celebrated when the abominable DV Act (PWDVA) was passed. Due to a their collective sad karma some of them later got the short end of the stick when their daughter in laws realized their newly discovered route of quick women-empowerment-by-filing-DV-case-on-in-laws and starting kicking them. Now Delhi HC has upheld the DV case filed by a mother in law on her daughter in law (see judgment below). Let the feminist mother in laws rejoice, after all now they can now file the case at least, not sure if they would like to win it though since it will fly in the face of their much touted cause of ‘women empowerment’. And on a larger scale, the games will be going on for time to come in Indian families. No body should be left … [Read more...] about Let the games begin–MIL can file DV on DIL
All are respondents under PWDVA, enjoy!
The main point of this Supreme Court judgment is that female relatives of husband can be made respondents under DV Act. Being apex court judgment, it overrides any other HC judgments which might have disallowed roping in of husbands' relatives under DV Act. 14. In such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the Domestic Violence Act, 2005. Full judgment text is below: REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.271 OF 2011 (Arising out of SLP (Crl.) No.2854 of 2010) Sou. Sandhya Manoj Wankhade ... Appellant Vs. Manoj Bhimrao … [Read more...] about All are respondents under PWDVA, enjoy!
Learn how to use IPC sections 498a, 307, and 376 to create negotiating spaces!
http://www.thehindu.com/news/national/article1159868.ece Referring to news item above: I am not saying it's not abused. Just because it empowers women and gives them a negotiating space, [there are demands] that it be repealed. This is male chauvinism.” Justice Ganguly pointed out that Section 307 of the IPC was the most abused with instances of even a slap being construed as an attempt on one's life. As a SC judge, Justice A K Ganguly believes that IPC 498a gives women a negotiating space. The citizens would like to know further from the learned SC judge all the other sections of IPC which are meant to give negotiating space to citizens. He states that IPC 307 (attempt to murder) is most abused. I hope it is not because judiciary treats charges like “attempt to … [Read more...] about Learn how to use IPC sections 498a, 307, and 376 to create negotiating spaces!