Reliance on WhatsApp chats alone insufficient to grant divorce on grounds of cruelty: Bombay HC
“Merely relying on the WhatsApp chat, the divorce decree cannot be granted, since it is not proved by leading evidence.”
Justice Manjusha Deshpande
Abortion rights extended to unmarried women up to 24 weeks: Bombay HC directs wide of circulation of Supreme Court ruling across State authorities
“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”
Perfunctory public notice vitiates permission to fell trees; Bombay HC directs strict compliance of Maharashtra Trees Act
“We see no difficulty in such details being included in the newspaper, when a notice is published, so that adequate opportunity can be availed by those who are interested in raising objection, out of environmental concern or for any other reason which a person deems appropriate.”
‘Maintenance has to be proportionate to children’s needs & not husband’s income’: Bombay HC dismisses wife’s claim of Rs 1 lakh per child
“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”
Under construction flat is not ‘shared household’ under Domestic Violence Act: Bombay High Court
“Domestic Violence Act, 2005, is a social welfare legislation intended to provide protection to victims of domestic violence and abuse occurring within the family. The provisions ensure that victims are provided financially, as well as protection from being ousted from their ‘Shared Household’”,
Working wife entitled to maintenance matching matrimonial standards of living: Bombay High Court
“The husband’s income is far more than wife with no financial responsibilities on him and even if he has certain expenses that are necessary for maintenance of himself and family members, the amount that remains is sufficient to enable him to support his wife.”
‘No law prevents them to lead a life of their own choice’; Bombay HC permits live in relationship of two adults belonging to different religions
The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.
‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer
To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate
If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.
Bombay HC declares arrest illegal as grounds of arrest were communicated to accused’s wife but not to the accused
From the arrest panchnama it is evident that the information is given to his wife on the cell number provided by petitioner-accused and apart from that there are no grounds of arrest mentioned in the arrest surrender form.
Bombay HC quashes FIR against Go Air’s former MD/CEO allegedly involved in sending confidential information in emails
Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.
‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal
The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.
Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim
Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.
Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty
The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.
[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation
“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”
Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education
The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies