Law News

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Men’s HUB Issue 009 – Law News

SC invokes extraordinary powers to end marriage after woman skips hearings

15 Dec 2017

New Delhi: The Supreme Court on Thursday dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case. The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.  A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea.

Gujrat HC : Former Wife not a Relative of Husband and Can’t be Prosecuted for IPC 498A

11 Dec 2017

The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused. Justice JB Pardiwala observed that even if it is assumed that the husband went back to his first wife, the fact remains that as the marriage was dissolved, the former wife would not fall within the ambit of “the relative of the husband”

Delhi HC : Mediation Report Should Preferably Contain Only One Sentence, Nothing More, to maintain confidentiality

11 Dec 2017

The Delhi High Court, on Monday, held that a mediation report should only contain one sentence and nothing more, in order to maintain the confidentiality of proceedings. The Bench comprising Justice S. Ravindra Bhat and Justice Yogesh Khanna noted that failed mediation results in an adjudicatory process, where the parties have full liberty to fall back on all contentions available to them in law. It then observed, “Allowing reports: any reports, to be on the record, other than merely reporting the outcome: i.e. in the event of failure, stating that as a fact, with no preface and no conclusions or observations, is what they expect; that is what the Court also requires. Exceptions made, even to allow the most innocuous observations, recounting the dates or what the mediator thought of the process of mediation, or the parties, even in neutral language, can result in prejudice, because the Counsel, has the other side of the picture and it might not be difficult to hazard a guess as to which was the party behaving unreasonably or creating an obstruction.

Police Machinery Can’t Be Utilised To Hold Husband At Ransom: Gujarat HC

08 Dec 2017

The police machinery cannot be utilized for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends, observed the High Court of Gujarat while quashing a case against. Justice JB Pardiwala remarked: “The case appears to be one of a serious maladjustment in the marital life. The wife, as usual, has levelled wild and reckless allegations of harassment and cruelty not only against the husband, but even against the father-in-law and mother-in-law. The allegations do not inspire any confidence worth the name. In my view, continuation of the criminal proceedings will be nothing, but an abuse of the process of law.”

PIL of Challanging Adultry Law (IPC 497) is accepted by SC of India 

08 Dec 2017

Supreme Court issued notice to the Central government in a petition challenging the Constitutionality of Section 497 of the Indian Penal Code, which deals with the offence of adultery.

SC of India : Judicially Separated Wife Is Also Entitled To Maintenance

06 Dec 2017

J. Madan B.Lokur (SC of India) said in Criminal Appeal No 4057 of 2015 said If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance.

SC of India : Amount of interim maintenance to be decided after evidence is led on same

04 Sep 2017

J. A.K. Sikri said in one of the judgment amount of Interim Maintenance depends on income of husband. Final view there about can be taken only after evidence is led by both the parties and the veracity of their respective stands is tested with their Cross Examination, in the light of material which both parties want to produce