Justice G. Satapathy Archives

‘Love, company, protection and guidance of both parents are basic human rights and need of child’; Orissa HC upholds father’s visitation right

The child is always the victim in the custody battles and in the fight of egos and acrimonies between two spouses, but the childhood of such child is the worse sufferer, and such childhood is spoiled due to the alter egos’ of the spouses.

Case Briefs High Courts

Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS : Orissa HC reiterates

“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”

Case Briefs High Courts

‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC

In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.

Case Briefs High Courts

Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory

“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”

Case Briefs High Courts

Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial

“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”