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
HC Judgment
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
Child’s wish is High Court’s command
See Uttarakhand HC judgment below. What idiocy in name of welfare of child! If a child runs away from home, does the court equate “child’s wish” =”welfare of child” and child should then live as an orphan because effectively that is what child wished for in practical terms? Or does the court rule away minor child’s wish and be returned to parents? Did the court consider the following facts? Child is only 6 years old, not of age where she can express a considered preference. Fact of crying of a 6 years old girl in front of a unfamiliar court room in unfamiliar crowd should be given only that much significance as is required in the context. Courts are implicitly saying they can be manipulated by either parent (mostly mothers) into poisoning or influencing a child’s mind. Just … [Read more...] about Child’s wish is High Court’s command
High Courts doing what only Supreme Court can
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
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
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