After the recent episode where Supreme Court wanted to see if palimony could be applicable for live-in relationship of 14 years, the air has cleared. Link to previous news below: http://timesofindia.indiatimes.com/india/Should-a-concubine-get-maintenance-SC-to-examine-the-question/articleshow/6685247.cms Update Apr 14th 2015: Full judgment is given at the end now. Today’s news where SC has distinguished that there are 2 kind (hopefully we stop at 2) of live-in relationships when it comes to eligibility of maintenance to women: 1. Live-in relationship in nature of marriage 2. Live-in relationship of any other kind And SC has clarified that the second kind are NOT eligible for maintenance by women. Link to the news … [Read more...] about Live-in like wife, not mistress, to get benefits under DV Act – says Supreme Court
SC Judgment
Supreme court in need of jurisdiction on foreign citizens!
Ha ha … Supreme court wants to find whether it has jurisdiction to conduct trial in case of foreign citizens, but at the same time tries to restrain Interpol from carrying out US court’s order in the same case! Does it really enhance standing of India’s judiciary in the world? Will Interpol respect such an order made by Indian court made in respect of citizens of another country? http://www.ndtv.com/news/india/court-restrains-interpol-from-taking-custody-of-child-from-nri-18497.php The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens. … [Read more...] about Supreme court in need of jurisdiction on foreign citizens!
A pathetic attempt to work around a pathetic law
There is an Urdu saying: “marz badhta hi gaya, jyon jyon dawa ki”… “the malady continued to increase as more medicine was given”. The recent direction by SC to law ministry seems to be a step in same vain. Since there is a sad excuse of a law called IPC 498a, where courts are unable to settle when parties want to settle, the law should be made compoundable. The ex-CJI and current NHRC chief had also made a suggestion a few months back regarding rape law -- that rape victims’ choice to marry the accused be respected. What exactly were these criminal laws meant for, is a complete confusion after judicial intervention and re-interpretation! http://www.indianexpress.com/news/Allow-dowry-cases-to-be-settled-outside-court--SC-to-govt/656185 The Supreme Court has sought an amendment in … [Read more...] about A pathetic attempt to work around a pathetic law
Another ‘glorious’ statement by another SC judge
People haven’t forgotten the advice given last year by Justice Katju of Supreme Court to husbands “Do what the wife tells you and never question her authority.” . Now another ‘sage’ advice comes the way of Indian husbands from another SC judge Deepak Verma. However, one would expect more logic from an SC judge who says “restrictions on independence are like dividends”… it is difficult to fathom how is restriction on independence is a dividend in itself. It is more a tax than dividend. Since the judge has talked in financial terms to explain marriage, let us try to understand a bit deeper what he has said. In financial terms, a dividend is paid on an investment. In this case, the SC judge’s statement implies without doubt that the dividend is being given by husband to wife. So far so … [Read more...] about Another ‘glorious’ statement by another SC judge
Innocence is a matter of trial – which will not finish in your lifetime!
http://www.indiankanoon.org/doc/1440610/ //////////// IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2010 [arising out of SLP(Crl.)No.3562 of 2009] K. NEELAVENI ..... APPELLANT VERSUS STATE REP. BY INSP. OF POLICE & ORS. .....RESPONDENTS J U D G M E N T HON. C.K. PRASAD, J. Leave granted. 1. The appellant-wife aggrieved by the order dated 29th September, 2008 passed by the High Court of Judicature at Madras in Criminal O.P. No. 23473 of 2008, whereby it had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code, has preferred this appeal seeking special leave to appeal. 2. Shorn of unnecessary details, the facts giving rise to the present appeal are that the appellant-wife K. … [Read more...] about Innocence is a matter of trial – which will not finish in your lifetime!
SC Judgment: Proving cruelty must for conviction under IPC 304-B
http://www.deccanherald.com/content/70500/sc-prove-cruelty-dowry-death.html New Delhi,May 19, pti: The Supreme Court has held that husband or other family members can be convicted for dowry death only if it is proved that the wife was subjected to cruelty or harassment in pursuit of the demand and not on mere presumption. The apex court said Section 304-B (dowry death) can be invoked against the accused only if there is material evidence to support the allegation and not on mere presumption that the victim died within seven years of marriage. Under Section 304-B read with Section 113-B of the Indian Evidence Act, a husband and his family members can be prosecuted for causing dowry death of the woman if the same occurs within seven years of the marriage. “In order to hold an … [Read more...] about SC Judgment: Proving cruelty must for conviction under IPC 304-B