http://timesofindia.indiatimes.com/india/Suicide-threats-amount-to-cruelty-can-be-a-divorce-ground-HC/articleshow/5404502.cmsMUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to "cruelty", and it can very well be a ground for seeking divorce, the Bombay High Court has held.The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal.Both had been living separately for the last seventeen years.Prakash's application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide.In her statement before the family court, Varsha admitted that she had, in fact, attempted suicide … [Read more...] about Threat of suicide can be ground for divorce under mental cruelty
HC Judgment
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955.What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below the full judgment:------------------------------------------------------------IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDEFAMILY COURT APPEAL NO.204 OF 2007Mrs. X : AppellantVs.Mr. Y : Respondent...Mr. M. P. … [Read more...] about Thrown out spouse can get divorce based on desertion under Hindu marriage act
Justice S N Dhingra of Delhi HC explains litigants’ right to transfer application to another court
The below Delhi HC judgment also limits the powers of courts to haul up litigants under criminal contempt of court.------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : CODE OF CRIMINAL PROCEDUREDate of Reserve: 2.9.2008Date of Order: 8.9.2008CCP (Ref) No. 9/2008Court On Its Own Motion ... PetitionerVersusSunil Seth and Ors. ... Respondents1. This reference for contempt has been placed before me forconsideration. Thereference was sent by MM Patiala House through District Judge wherein hehas prayedthat this Court, if deems fit, should take cognizance of criminalcontempt against therespondents Shri Sunil Seth, Smt. Kanchan Seth, Shri Surender Seth, Smt.Bindu Khannaand their Counsel Shri Rubinder Ghumman and Ms. Anu Mehta. The cause … [Read more...] about Justice S N Dhingra of Delhi HC explains litigants’ right to transfer application to another court
Discharge under CrPC 239
This Allahabad High judgment disallowed discharge of accused under CrPC 239 on grounds of sufficient evidence against the accused in the case diary. Many husbands facing false 498a think of applying for discharge using CrPC 239 route so they should weigh their 498a case strategy using the following point from judgment as a guideline. At the stage of framing charge the criteria for consideration is whether the unrebutted evidence of the prosecution can result into conviction of the accused. If the answer is in affirmative, the accused is to be charged, and if the answer is in negative, the accused is to be discharged. Full judgment below with important points in bold: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=A&judgmentID=42311 HIGH COURT OF … [Read more...] about Discharge under CrPC 239