The important part of judgment are made in bold below. The funny part is that lower court judge does not give reasoned order based on merits of case, but prefers to show erudition by quoting from an author’s work.: “being a woman is a terribly difficult task, since it consists principally in dealing with men” It is said a judge speaks from his judgements, but if one wants to score points with feminists, without going into merits of case, then it is better left for scholarly work after retirement. ---------------------------------------------------------------------------------------- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 6th July, 2010 Date of Order: 29th July, 2010 + Crl. Rev. P. No. 253/2010 % 29.07.2010 Harbans Lal Malik … Petitioner Through: Mr. Dharam … [Read more...] about Jurisdiction of foreign court in divorce; When domestic relationship exists; no PWDVA after divorce
HC Judgment
No proof of cruelty leads to no maintenance
In this Bombay High court bench’s judgment, the principle adopted is that though strict proof of cruelty is not required in maintenance under CrPC 125, nevertheless the statements made by wife need to have some supporting evidence at least. Read the bold sentences in the end of judgment. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.226 OF 2002 Sanjay Sudhakar Bhosale, Age : 35 years, Occu.Service, R/o. Mental Hospital Servant Quarters, Yeroda,Pune District Pune – 6 …Petitioner Versus Khristina w/o Sanjay Bhosale …Respondent ….. Mr.Gopal D.Kale, Advocate for the petitioner Mr.N.K.Choudhari, Advocate holding for Mr.R.N.Dhorde, Advocate for respondent ….. CORAM : V.R. KINGAONKAR, J. Date of … [Read more...] about No proof of cruelty leads to no maintenance
Delhi HC orders initiates proceedings under CrPC 195 against police officers
This could happen more often! It really only requires an order by judges to do it, and those judges who don’t give such orders are responsible for the devil may care attitude of police. http://www.ptinews.com/news/742065_HC-orders-criminal-proceedings-against-police-officials New Delhi, Jun 25 (PTI) Pulling up the city police chief for not taking action against his erring officers, the Delhi High Court has issued direction for initiating criminal proceedings against three police personnel for falsely implicating a man in a criminal case. Justice S N Dhingra passed the order on a plea by Manjeet Singh Chug who alleged that police are trying to protect three officers by not acting against them despite directions given in this regard on behalf of the Lt Governor. "Registrar General … [Read more...] about Delhi HC orders initiates proceedings under CrPC 195 against police officers
Delhi HC’s ‘super-judge’ S N Dhingra tells men their place in marriage!
Ha… know your duties man! tells the Delhi HC. Only problem is that here the man is forced to go to jail if unable to buy separate house for wife, but not clear if there was any obligation put on wife or not! She will get a separate house to live separately from in-laws, but what does husband get in return? Any peace of mind? Not possible. How can that be written in a mediation (read: legal, ‘civilized’, state sponsored husbands’ extortion) based agreement? Wives do not have any obligation under Indian legal system.. they have only privileges. Men have no privileges, they have only obligations. Now judges are enforcing the obligations on men with all the brutal state power at their disposal. http://www.indianexpress.com/news/buy-house-for-wife-or-go-to-jail-hc-tells-man/638470/ … [Read more...] about Delhi HC’s ‘super-judge’ S N Dhingra tells men their place in marriage!
Man – Injure yourself to get bail
While this “King Solomon” kind of justice is desirable, it will be effective only if such measures are adopted against all kinds of dubious and false complaints. ------------------------------------------------------ IN THE HIGH COURT OF DELHI AT NEW DELHI http://courtnic.nic.in/dhcorder/dhcqrydisp_O.asp?pn=100378&yr=2010 16.06.2010 Present: Mr. Yogesh Swroop and Mr. Ranjeet Khatri, Advocates for the petitioner. Mr. Jaideep Malik, APP for the State with Inspector Sudhir Kumar. Bail Application No.1107/2010 When the parties were living together, wife (complainant) was allegedly beaten up by the petitioner (husband), who is an advocate. It is stated by counsel for the petitioner that the injuries on the person of the wife as given in MLC were … [Read more...] about Man – Injure yourself to get bail
And who could have thought of this?
I don’t know how the newspaper terms this as a significant judgment in a divorce case, since the HC judgment is specific to the particular case as given in news below. The important part I think is that though HC judgment was completely against the allegations, there are no costs at all (leave exemplary) ordered, or any strictures passed for bringing frivolous and vexatious cases to courts. http://www.dnaindia.com/mumbai/report_father-disallowing-children-to-watch-tv-is-not-cruelty-bombay-hc_1393090 Mumbai: In a significant judgment in a divorce case, the Bombay high court has held that decision of a father disallowing children from watching television programmes continuously and forcing them to go to bed early could not be termed as "cruelty". Dismissing an appeal filed by a … [Read more...] about And who could have thought of this?