You decide! I have made the relevant points in bold below: PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.5338 of 2009 Anup Avinash Varadpande .. .. Petitioner v/s. Anusha Anup Varadpande .. .. Respondent Mr.U.P. Warunjikar for Petitioner. Mr.S.S. Punde for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January, 2010 ORAL ORDER : 1.Heard both sides. 2.Rule. Rule is made returnable forthwith. 3.Upon a matrimonial dispute for interim maintenance prosecuted in the Family Court, the Petitioner-husband has impugned the order of the Principal Judge, Family Court, Pune, dated 31st March 2009, Exhibit-H to the Petition. The order for maintenance is granted upon the Application for interim maintenance made … [Read more...] about Woman earns but that can’t be considered income: says Mumbai High Court
HC Judgment
Delhi High court invokes constitution to protect woman
The Delhi HC has ruled that Domestic Violence Act (PWDVA) can be applied retrospectively based on Article 14 of constitution granting right to equality to all citizens. Read excerpts of news below: http://www.dnaindia.com/india/report_domestic-abuse-case-can-be-filed-any-time-delhi-hc_1362252 Allowing Ms Bhanot’s appeal, the court underlined the ‘historical reality’ — that women in our society have been subjected to discrimination, misbehavior and ill-treatment not only outside their house, also inside it. “Even a working woman — from a construction worker to a qualified professional — is not always treated with respect at home,” Justice Jain said. So much part of the judgment is more on creating a ground for reliefs for women in general rather than the facts of the … [Read more...] about Delhi High court invokes constitution to protect woman
Delhi High Court does historical justice to women by invoking the constitution
In a major boost to women’s rights, the Delhi High Court has ruled that any alleged wrong done to a woman at any time in history can be set right by provisions of Domestic Violence Act (PWDVA). Read excerpts of news below: http://www.dnaindia.com/india/report_domestic-abuse-case-can-be-filed-any-time-delhi-hc_1362252 Allowing Ms Bhanot’s appeal, the court underlined the ‘historical reality’ — that women in our society have been subjected to discrimination, misbehavior and ill-treatment not only outside their house, also inside it. “Even a working woman — from a construction worker to a qualified professional — is not always treated with respect at home,” Justice Jain said. The judge has for obvious reasons declined to comment on whether the same situation of discrimination, … [Read more...] about Delhi High Court does historical justice to women by invoking the constitution
Mumbai HC waives 6 month waiting period in mutual divorce
Bombay High Court (when will they switch to calling themselves Mumbai HC, next century?) has decided that 6 months waiting period in mutual consent divorce under Sec 13 of HMA is not required if a divorce petition between couple was already pending in court and was converted to mutual consent divorce. http://timesofindia.indiatimes.com/india/Divorce-cases-HC-says-scrap-6-month-cool-off-period/articleshow/5695938.cms The case pertained to a couple married under the Hindu Marriage Act in 2005, who had lived together for a year before separating. The husband then filed for divorce a year later. Both traded charges of cruelty and harassment, but soon agreed to bury the hatchet and withdrew their allegations. In December 2009, they filed consent terms for a mutual divorce plea and sought a … [Read more...] about Mumbai HC waives 6 month waiting period in mutual divorce
False rape case decided based on mobile phone call records
So if a man is accused of false rape, and if you have been talking before to accuser on mobile phone etc, make sure to get the call records produced as evidence, and go to high court in appeal if trial court convicts you. This is what the high court had to say about trial court’s work: 16. How has the learned Trial Judge dealt with the aforesaid evidence? 17. To our mind, in a most clumsy and injudicious manner. . … … 18. The learned Trial Judge has treated the issue as if it was child play. Full judgment with important points in bold goes below: ---------------------------------------------------------------------------------------------- Crl.A.No.5/2008 Page 1 of 9 R-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI … [Read more...] about False rape case decided based on mobile phone call records
Applicability of section 340 of CrPC, and 194 of IPC etc
A case of perjury under CrPC 340 where even though some witnesses had given contradictory statements in civil and criminal cases between same parties, a perjury case under CrPC 340 was not allowed by high court, due mainly to technicalities about applicability of CrPC 340 to facts of the case. You can read the important points made bold in the full judgment below: CRM No.23818-M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.23818-M of 2009 Date of Decision: 4.09.2009 Smt.Sanjay Lata & Anr. ...Petitioners Vs. The State of Haryana & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.V.P.Singh, Advocate, for the petitioner. Mr.Rajeev Kawatra, Sr.DAG, Haryana. for respondent No.1. Mr.H.N.Mehtani … [Read more...] about Applicability of section 340 of CrPC, and 194 of IPC etc