To a common doubt of husbands if both family court/civil and 498a/criminal cases filed by wife can go on together, this Delhi HC judgment clarifies as a yes. The below Delhi HC judgment says that there is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds. It refers to several other judgments including Supreme Court’s and basically the matter has to be decided on case by case basis. The main idea of having criminal case finish faster is to let justice be done before the witnesses forget about the crime. The argument to grant protection under Article 20(3) of constitution against self-incrimination also cannot be granted blindly but only on case by case basis. Article 20(3) is given below: (3) No person accused of any offence … [Read more...] about Civil and Criminal cases can go on together and independently
HC Judgment
Mumbai HC: women relatives can be respondents under Domestic Violence Act
A 2008 judgment of Mumbai HC is given below providing scope for female relatives of husband/man to be respondents under 2(q) of PWDVA. However, it does not mean that all reliefs can also be claimed from female respondents as highlighted in judgment below. ------------------------------------------------------------------------------------------------ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL REVISION APPLICATION NO.590 OF 2008 Archana Hemant Naik ...Applicant vs. Urmilaben I. Naik and Anr. ...Respondents Ms Anjali Helekar for the applicant Mr.C.M.Kothari for respondent no.1 CORAM :A.S.OKA,J. DATE OF HEARING THE LAST ARGUMENT: JULY 3, 2009 DATE OF PRONOUNCEMENT OF THE JUDGMENT: AUGUST 25,2009 JUDGMENT : 1 The … [Read more...] about Mumbai HC: women relatives can be respondents under Domestic Violence Act
Evidences evaluation in divorce on cruelty grounds
In this Mumbai High Court judgment of 2005, the HC rejected appeal by wife made against grant of divorce to husband on grounds of cruelty. The case has several important points regarding various types of evidences etc, which are made bold in judgment below: ---------------------------------------------------------------------------------------------------------- http://bombayhighcourt.nic.in/data/judgements/2010/CFCA1303405.pdf *********** 1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 80 OF 2005 Smt. Hemanti Hemchandra Talekar ..Appellant (Original Respondent) v/s. Shri Hemchandra Bhagwan Talekar ..Respondent (Original Petitioner) … [Read more...] about Evidences evaluation in divorce on cruelty grounds
Delhi High Court exposes how lawyers do ‘business’ in India
The following recent judgment of Justice Dhingra of Delhi HC exposes how lawyers make flimsy excuses to delay cases and put both litigants and witnesses to hardship. But the larger question is that if the lawyers are doing it, then why are not the judges putting exemplary costs to discourage such behaviour, as done in this case by having petitioner pay the respondent Rs 25,000. The important parts are made bold in judgment below: -------------------------------------------------------------------------------------------- http://lobis.nic.in/dhc/SND/judgement/10-03-2010/SND09032010CMM4962009.pdf CM (M) No. 496/2009 Smt. Rampyari & Ors.v. Ms. Kamlesh * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 2nd February, 2010 Date of Order: 9th March, 2010 CM (M) … [Read more...] about Delhi High Court exposes how lawyers do ‘business’ in India
Punjab HC allows waiver of 6 months in converted 13-B divorce!
Jai Ho! What can we say when there is a clear Supreme court judgment that only SC can waive off 6 months waiting period on conversion of divorce petition into mutual consent divorce under Sec 13 B of HMA 1955. And a recent Punjab and Haryana High court judgment has upheld the SC judgment’s precedent in another similar case. Anyway, let the couple live happily divorced now, we don’t have anything against them :-) Full judgment below with important points made bold: --------------------------------------------------------------------------- http://www.indiankanoon.org/doc/1785177/ Civil Revision No. 7432 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7432 of 2009(O&M) … [Read more...] about Punjab HC allows waiver of 6 months in converted 13-B divorce!
Factors for increase in maintenance under CrPC 125 and CrPC 127
A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127