Uttarakhand High court takes up powers of Supreme Court to grant divorce based on irretrievable breakdown of marriage! Only Supreme Court has this power under article 142 of constitution, and laid down by them clearly in a prior judgment. Such is the state of high courts that they cannot even follow simple principles of constitution and precedents laid down by Supreme Court! ---------------------------------------------------------------------------------------------------------- we will be indirectly allowing the parties to the matrimony to live further miserable life all time to come. Therefore, in the interest of justice, we find it just and proper to allow this appeal and grant the decree of divorce on the ground that marriage between the parties has been irretrievably broken … [Read more...] about High Courts doing what only Supreme Court can
Supreme court in need of jurisdiction on foreign citizens!
Ha ha … Supreme court wants to find whether it has jurisdiction to conduct trial in case of foreign citizens, but at the same time tries to restrain Interpol from carrying out US court’s order in the same case! Does it really enhance standing of India’s judiciary in the world? Will Interpol respect such an order made by Indian court made in respect of citizens of another country? http://www.ndtv.com/news/india/court-restrains-interpol-from-taking-custody-of-child-from-nri-18497.php The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens. … [Read more...] about Supreme court in need of jurisdiction on foreign citizens!
No additional liability on husband regarding maintenance under PWDVA
Full judgment link: http://lobis.nic.in/dhc/SND/judgement/28-08-2010/SND27082010CRLMM4912009.pdf Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 9th August, 2010 Date of Order: 27th August, 2010 Crl.M.C.No. 491/2009 27.08.2010 Sanjay Bhardwaj & Ors. ... Petitioner Through: Dr. Naipal Singh, Advocate Versus The State & Anr. ... Respondents Through: Mr. O.P.Saxena, APP for the State With Mr. Gajraj Singh, SI Mr. K.C.Jain, Adv. for the Complainant/Wife JUSTICE SHIV NARAYAN DHINGRA 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the reporter or not? Yes. 3. … [Read more...] about No additional liability on husband regarding maintenance under PWDVA
A pathetic attempt to work around a pathetic law
There is an Urdu saying: “marz badhta hi gaya, jyon jyon dawa ki”… “the malady continued to increase as more medicine was given”. The recent direction by SC to law ministry seems to be a step in same vain. Since there is a sad excuse of a law called IPC 498a, where courts are unable to settle when parties want to settle, the law should be made compoundable. The ex-CJI and current NHRC chief had also made a suggestion a few months back regarding rape law -- that rape victims’ choice to marry the accused be respected. What exactly were these criminal laws meant for, is a complete confusion after judicial intervention and re-interpretation! http://www.indianexpress.com/news/Allow-dowry-cases-to-be-settled-outside-court--SC-to-govt/656185 The Supreme Court has sought an amendment in … [Read more...] about A pathetic attempt to work around a pathetic law
The price of marriage is forever saying sorry to wife
The high court of Kolkata has taken over the mantle of sermonising the duties of a man towards his wife. From previous year pronouncement of Justice Katju of SC -- “do what your wife tells you and never question her authority”, to another pronouncement this year by Justice Deepak Verma of SC that “Whenever a person is married, there is no question of independence”. If the allegations against this cop are really true, then a sorry is not enough, and it is a fit case for criminal prosecution – under a relevant section of IPC. But the judges seem to be more concerned that a policeman was not aware of implications of complaint under IPC 498a! http://timesofindia.indiatimes.com/city/kolkata-/Say-sorry-to-your-wife-HC-orders-cop/articleshow/6254113.cms TNN, Aug 4, 2010, 01.02am IST … [Read more...] about The price of marriage is forever saying sorry to wife
Wife to pay 2 lakh damages for alleging husband was impotent
In a successful defamation case against false allegation of wife, a court in MP has awarded 2 lakh damages to be given to a man who was alleged to be impotent by ex-wife. http://ibnlive.in.com/news/woman-says-exhusband-impotent-to-pay-damages/127603-3.html?from=prestory Harda (MP): A local court has ordered a woman to give Rs 2 lakh as compensation to her estranged husband for alleging that he was impotent. District and Sessions Judge Jagdish Prasad Parashar asked Vandana Gurjar to compensate her ex-husband Hemant Chhalotre while delivering his judgement on Monday in a defamation case filed by the latter. Hemant had argued that Vandana's false allegation had rendered him "unmarriageable" and sullied his prestige. The duo had tied the nuptial knot nine years ago but separated three … [Read more...] about Wife to pay 2 lakh damages for alleging husband was impotent