Rape On Woman’s Dead Body Would Not Attract Offence Of Rape Under IPC Section 375: Karnataka High Court
Karnataka High Court recently noted that rape on the dead body of a woman would not attract the offence of rape under Section 375 of the Indian Penal Code. Thus, the bench acquitted the man of charges of rape for committing sexual assault on a 21-year-old woman’s dead body after murdering her. The bench comprising […]
Not Allowing Spouse To Have Sexual Intercourse For Long Time Amounts To Mental Cruelty: Allahabad High Court
Allahabad High Court recently observed that if a spouse doesn’t allow the other partner to have a sexual intercourse for a longer period of time without any reason, it will amount to mental cruelty. The bench comprising Justice Suneet Kumar and Justice Rajendra Kumar-IV dissolved the marriage of a couple on teh grounds of mental […]
Don’t Charge More Than Rs 600 From Law Graduates For Enrolment As An Advocate: Supreme Court
In a big relief to law graduates with lesser family income, Supreme Court has asked all State Bar Councils to not charge more than Rs 600 from them for enrolment as an advocate. The bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha was hearing a plea filed against the exorbitant enrolment […]
Seeking Hotel’s CCTV Footage To Prove Adultery Doesn’t Violate Husband’s Right To Privacy: Delhi High Court
Delhi High Court has ruled that the wife’s right to seek redressal under the Hindu Marriage Act should prevail over her husband’s right to privacy when it comes to allegations of adultery. The bench noted that demanding details of hotel room bookings and call detail records (CDR) for proving a case of adultery does not […]
POCSO Act Not Meant To Punish Minors In Consensual Romantic Relationships: Bombay High Court
While granting bail to a 22-year-old man, the Bombay High Court noted that the Protection of Children From Sexual Offences Act (POCSO) was enacted to protect minors from sexual assault, not to punish minors in romantic or consensual relationships and brand them as criminals. The bench comprising Justice Anuja Prabhudessai granted bail to the 22 […]
Father Cannot Be Denied Visitation Rights On The Ground That He Remarried And Has Another Child: Karnataka High Court
While upholding the Family Court order, Karnataka High Court noted that the visitation rights of the father can’t be taken away merely because he has remarried after divorce and bears another child. The High Court bench comprising Justice Alok Aradhe and Justice Vijaykumar A. Patil, “The assertion of the appellant is that the respondent has […]
Mother Entitled To Deceased Daughter’s Maintenance Arrears Under Section 15(1)(c) Of Hindu Succession Act: Madras High Court
Noting that the mother is the legal heir of her deceased daughter, the Madras High Court held that a mother is entitled to accrued maintenance arrears of the deceased daughter under Section 15(1)(c) of the Hindu Succession Act. In this order passed on April 21, Justice V. Sivagnanam dismissed a criminal revision application by the […]
Ayurveda Doctors Don’t Deserve To Be Paid Same As MBBS Doctors: Supreme Court
While setting aside a Gujarat High Court order, Supreme Court noted that the duties and responsibilities of MBBS and Ayurveda doctors are quite different and Ayurveda doctors are not entitled to equal pay as that of MBBS doctors. The bench was hearing a batch of petitions filed against a 2012 Gujarat High Court order where […]
Filing Incomplete Charge Sheet Doesn’t Override Right To Default Bail: Supreme Court
In a landmark judgment, the Supreme Court held that without completing investigation of a case, a chargesheet or prosecution complaint cannot be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC. The apex court bench comprising Justice Krishna Murari and Justice CT Ravikumar […]
Mere Unnatural Death Of Wife Within 7 Years Of Marriage Not Sufficient To Convict Husband For Dowry Death: Supreme Court
In a significant observation, the Supreme Court noted the mere fact that a wife died under unnatural circumstances in her matrimonial home within seven years of marriage is insufficient to convict the husband of dowry death. “Mere death of the deceased being unnatural in the matrimonial home within seven years of marriage will not be […]