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Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”
A quick legal roundup to cover important stories from all High Courts this week.
Even if it is presumed that the petitioner has performed Nata marriage, then also there is no proof that the same was done by following the marriage ceremonies required by the personal law governing the parties or by following the essential ceremonies for a Nata marriage.
A quick legal roundup to cover important stories from all High Courts this week.
“The Court set aside the impugned summoning order and the criminal proceedings against the wife under Section 494 IPC. However, the Court did not quash the criminal proceedings initiated against the wife under Sections 504, 506 IPC.”
The law cannot be powerless to stop, punish or limit clandestine marriages and unions when the first wife or husband are alive and the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence.
Punjab and Haryana High Court regarded the instant petition as a scheme to get away from criminal prosecution, just to obliquely obtain the seal of this Court on their conduct.
When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
Madras High Court said that concerning the present economic scenario and the status of the parties, the fixation of the monthly maintenance at Rs. 10,000/- for the wife and daughter is very much reasonable and the same cannot be said to be excessive.
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
Allahabad High Court: In an appeal filed under Section 19 of the Family Courts Act, 1984 for setting aside the
The High Court Roundup brings a curated list of the top stories of the month to ensure readers do not miss any
Kerala High Court: In a case relating to talaq as per Muslim personal law and bigamy, A. Muhamed Mustaque, J.
Himachal Pradesh High Court: In a petition related to family pension, Jyotsna Rewal Dua, J has held that the second
Karnataka High Court: M. Nagaprasanna, J. allowed the petition in part and remarked the protagonists in the quadrangle to resolve the issue
Telangana High Court: K. Lakshman, J., refused to quash a subsequent complaint filed by the wife against her husband (and others), where
Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the
Allahabad High Court: Sudhir Agarwal, J., found a government servant to be guilty of the offence of bigamy. The instant petition was filed
Gujarat High Court: The Division Bench of J.B. Pardiwala and Vireshkumar B. Mayani, JJ., while addressing the issue of grant of permanent alimony