Yesterday I had covered recent news about Supreme Court ordering all locks-ups in police stations (and prisons) to mandatorily have CCTVs installed. While searching for that news, I found that SC has already issued orders in April, 2015 that all Delhi police stations should be covered by CCTVs. And this order is not only for lock-ups inside police station, but basically seems to cover whole of PS, which should definitely cover the lobby/reception and other important areas where complainants and others meet the police officials. There are two news on the matter, and the earlier one is from Apr 23, which seems reliable enough. To keep eye on cops, SC wants CCTV cameras at police stations – Indian Express, Apr 23, 2015 Delhi government gets its way on CCTV in police stations – Times of … [Read more...] about Delhi police stations (and CAW?) to be covered by CCTV as per Supreme Court order
SC Judgment
Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death
Supreme court has judged a woman cohabiting with a man for a long duration and living with him in the nature of wife is entitled to property rights after his death, like a wife would be. A bench of Justice MY Eqbal and Justice Amitava Roy said continuous cohabitation of a couple would raise the presumption of valid marriage and it would be for the opposite party to prove that they were not legally married. "It is well settled that the law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for a long time. However, the presumption can be rebutted by leading unimpeachable evidence. A heavy burden lies on a party who seeks to deprive the relationship of legal origin," the bench said. I haven’t read full judgment, but I really doubt that … [Read more...] about Lack of legal wedding no bar for ‘live-in’ woman to claim property rights after ‘husband’s’ death
Supreme Court denies Delhi woman a claim on in-laws’ property
The Delhi HC judgment of Jul 2014 that a woman has no right to in-laws’ self-acquired property under Domestic Violence Act (PWDVA) has got the stamp of approval of the Supreme court as per this recent news. Woman has no claim on in-laws’ property: SC In a recent order, a bench of Justices Madan B Lokur and Uday Umesh Lalit also put an end to years of fighting between the woman, her in-laws and her husband by granting the couple divorce. To safeguard the rights of the single mother and her two children, SC ordered the husband to provide alternate accommodation/property in her name and pay monthly maintenance. However the judges made it clear, she will get possession of the flat only on vacating the father-in-law's property. The last line above is quite interesting in that it has put a … [Read more...] about Supreme Court denies Delhi woman a claim on in-laws’ property
Husband’s adultery need not be cruelty under IPC 498A: Supreme Court
For all those scared of conviction in IPC 498A, because “my in-laws are powerful”, “my in-laws have connections”, “they have a false witnesses lined up”, and so on; this judgment may come as a relief. Or maybe not. Anyway, I am just reporting it. The key point is that conviction under IPC 498A needs mental cruelty of a kind likely to drive a wife to suicide. Husband's illicit relationship is not always cruelty: SC The bench noted that the husband and wife had started living separately in the same house. "True, there is some evidence about the illicit relationship and even if the same is proven, we are of the considered opinion that cruelty, as envisaged under the first limb of Section 498A IPC, would not get attracted. It would be difficult to hold that the mental … [Read more...] about Husband’s adultery need not be cruelty under IPC 498A: Supreme Court
SC says no to routine transfer petitions in favour of wives
Transfer petition is a convenient way for feminist/matriarchal wives (read: all entitlements, no accountability wives) to harass husbands by filing a legal case in their parents’ hometown or any place where they reside but which is far off from husbands’ residence. This is one thing which many men forget when they file a divorce case on wife in their own city, and later on realize that after the transfer granted by Supreme Court, now they have to travel to wife’s city to fight the divorce case they had filed! This judgment creates a first precedent against blind acceding to wives’ requests to transfer the cases in their cities. http://timesofindia.indiatimes.com/india/Why-should-husbands-suffer-all-the-time-asks-SC/articleshow/45816616.cms "Estranged wives seeking transfer of … [Read more...] about SC says no to routine transfer petitions in favour of wives
Supreme court says let adamant husbands be raped by 498a, but spare old parents
One thing which I have maintained is that if our Supreme Court gives one judgment which seems to be favour of husbands, it will be followed within 6 months with another judgment which will remind them their due role within the family; which was eloquently put once by ex-Justice Katju’s in SC: A vacation bench of justices Markandeya Katju and Deepak Verma observed, "Bibi joh boltee hai woh sunno (listen to whatever your wife says), as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences." "Hum sab bhogi hai (we are all sufferers)," the bench said in a lighter vein. Now the current news story says that SC is unhappy that husbands are becoming ‘adamant’ in face of 498a complaints by wives. Their main grouse is not that a false … [Read more...] about Supreme court says let adamant husbands be raped by 498a, but spare old parents