Delhi High Court had recently to explain to lawyers in a child custody/visitation case about their role and responsibility. Read the news below (emphasis shown is mine): http://www.indianexpress.com/news/do-not-let-custody-row-adversely-affect-child-hc/567115/0 New Delhi: Concerned by the adverse impact custody rows have on children who become mere pawns in the hands of their parents, the Delhi High Court has come up with suggestions not only for couples but also for lawyers, who treat such cases as legal battles to be fought like any other court case. The judgment, delivered by Justice Rajiv Sahai Endlaw, involved a custody row between two administrative officers, one in the Indian Administrative Services and the other in the Indian Revenue Services, over their 12-year-old … [Read more...] about Do not let custody row adversely affect child: Delhi HC
Don’t go to family courts for in-laws’ property: Delhi HC
Delhi High court has recently said in a judgment that warring spouses in a dispute cannot drag other family members into the family court. It is about time that such a decision was delivered since a cottage industry of clueless lawyers is taking advantage of gullible people by promising them what is not possible under law. Read the news below (emphasis added is mine): http://www.dnaindia.com/india/report_don-t-go-to-family-courts-for-in-laws-property-hc_1338107 Except for warring spouses, no relative can be dragged to a family court (FC) and the forum won’t entertain claims on property owned by in-laws. In a significant judgment on Thursday, the Delhi high court explained the role and powers of FCs. It also made clear whether a daughter-in-law [in one case] has rights over a … [Read more...] about Don’t go to family courts for in-laws’ property: Delhi HC
Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Inclusion of the whole baraat (marriage party) of husband’s relatives in PWDVA (Domestic Violence) complaint was nothing new, now it has got stamp of approval of division bench of Chennai high court.Read here about my earlier blog post on similar judgment by Madurai bench of Chennai high court.http://timesofindia.indiatimes.com/city/chennai/Women-liable-for-violence-at-home-HC/articleshow/5586092.cmsCHENNAI: A woman, who is a victim of domestic violence, can include the names of her husband as well as his adult male and female relatives while initiating civil proceedings under the Domestic Violence Act, the Madras High Court has ruled. A landmark judgment to this effect was delivered by a division bench comprising Justice C Nagappan and Justice PR Shivakumar in a case where it had … [Read more...] about Include baraat of husband’s relatives into PWDVA (DV Act) – and be empowered
Jaipur court allows prosecution for false document
It is commonly seen that Indian courts do not ‘encourage’ filing of cases of perjury (lying under oath), false allegation, false evidence etc, even though there are provisions in Indian Penal Code IPC and criminal procedure code CrPC for all these. Recent news shows that a Jaipur court has allowed prosecution for giving a forged and false document as evidence. It is a good start. http://www.rajasthanpatrika.com/city-news/jaipur/06022010/jaipur--news/78030.html जयपुर। मुख्य न्यायिक मजिस्ट्रेट जयपुर शहर ने किरायेदारी के फर्जी दस्तावेज तैयार करने के मामले में पिता-पुत्री समेत तीन लोगों के खिलाफ प्राथमिकी दर्ज करने का आदेश दिया है। अदालत ने परिवाद को विधायकपुरी थाने भिजवा दिया है। अदालत ने पृथ्वीराज नगर, महारानी फार्म निवासी परिवादी त्रिलोक माथुर के परिवाद पर यह आदेश दिए। परिवाद में … [Read more...] about Jaipur court allows prosecution for false document
Unproven criminal charge cannot be deciding factor in custody of child
A recent judgment of a Delhi trial court rejected application of woman asking for daughter’s custody from husband on the grounds that the husband was facing attempt to murder charge. http://timesofindia.indiatimes.com/city/delhi/Man-facing-criminal-cases-gets-daughters-custody/articleshow/5514940.cms NEW DELHI: Is a man accused of "attempt to murder'' fit to raise a child? Well, a trial court seems to think so. Taking an unconventional stand while awarding the custody of a six-and-a-half-year-old child to her father, who has three criminal cases pending against him, a trial court affirmed its point of "not to judge a book by its cover''. First of all, in India the ease with which false cases can be filed by powerful people should make anyone suspicious of judging someone simply by … [Read more...] about Unproven criminal charge cannot be deciding factor in custody of child
Delhi High Court slaps fine for vexatious maintenance case on already divorced woman
Justice S N Dhingra of Delhi High Court gives a judgment which bars a woman who was having a prior mutually agreed divorce settlement from filing a fresh maintenance case on husband. The interesting part is that court slapped a fine of Rs 10,000 on the woman for filing a frivolous and vexatious case. See news below: http://www.prokerala.com/news/articles/a110246.html The Delhi High Court Monday slapped a fine on a woman for contempt, taking serious note of the fact that she had concealed she was employed and continued to claim maintenance from her husband, and filed cases against him despite an undertaking to court. Justice S.N. Dhingra slapped a fine of Rs.10,000 on Manjit Kaur for concealing the facts from the court and violating the undertaking she gave in another court in … [Read more...] about Delhi High Court slaps fine for vexatious maintenance case on already divorced woman