Calcutta High Court
Case BriefsHigh Courts

   

Calcutta High Court: Stressing on legal liability as well as moral obligation to pay maintenance to parents, Kausik Chanda, J. held that when the stepfather fulfils same responsibility as a biological father would have then the stepson is also obligated to provide maintenance to him. And also, biological mother always has the right to maintenance from her son even if she remarries.

Facts of the Case

The petitioner, Sunil Debsharma, lost his father in his early childhood. Petitioner’s mother, Fuldi Debsharma (Opposite party no. 3) remarried Thelu Debsharma (Opposite party no. 2) when he was aged about 3 years. Thelu was a widower, who had a son and two daughters from his first marriage. Sunil was raised by his biological mother and stepfather along with his step siblings. Fuldi and Thelu filed an application under S. 125 of the Criminal Procedure Code, 1973 seeking maintenance from Sunil.

Issues for consideration:

  • Whether a stepfather is entitled to get maintenance from his stepson?

  • Whether a mother after her remarriage is entitled to be maintained by her son from the previous marriage?

Court’s Observation and Analysis

The Court pointed he the legal liability to pay maintenance to parents under S. 125 of CrPC arises out of the moral obligation of children as they have a reciprocal obligation towards their parents for the unconditional love and affection and immense sacrifices that they have made to raise them.

Taking into account, the fact that no case was made out that Thelu being a stepfather has not taken due care of the petitioner or has not shown his love and affection towards him, the Court held that stepfather can claim maintenance from the petitioner leaving aside his biological children. Moreover, the Court held that for the same reason the biological mother who has contracted a second marriage has a right to claim maintenance from her son. The Court stated that

“When a stepfather fulfills the same responsibilities as the biological father, a stepson cannot deny his obligation to maintain him. For the same reason, a biological mother, who has contracted the second marriage, has always a right to claim maintenance from her son.”

[Sunil Debsharma v. State of W.B., 2022 SCC OnLine Cal 2491, decided on 30.08.2022]


Advocates who appeared in this case:

Mr. Nanigopal Sarkar and Mr. Devranjan Das, Counsel for the Petitioner.


*Ritu Singh, Editorial Assistant has put this report together.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court: The Division Bench of Sunita Agarwal and Om Prakash Shukla, JJ. dismissed and appeal on the admission stage itself which was directed against the order passed by the family court under Section 24 of the Hindu Marriage Act, 1955 in a proceeding for divorce instituted by the appellant husband.

It was noted from the impugned order that only Rs. 3000/- per month had been granted towards interim maintenance to the respondent wife apart from Rs. 5000/- towards the cost of the proceeding. Counsel of the appellant had challenged the order contending that the appellant was unemployed and he has no source of income. It was further submitted that the respondent wife has independent income as she is running a medical store along with his father who is a doctor.

The Court was of the opinion that the mere fact that the respondent wife is educated and is doing something to survive since she has been thrown out of her matrimonial home cannot be a reason to deny interim maintenance.

An able-bodied husband cannot argue that he is not in a position to maintain his wife. It is social, legal and moral responsibility of a man to maintain his wife and no exception to the same can be taken by us, in view of bald assertions of the appellant.

The Court dismissed the appeal referring to the decision of the Supreme Court in Rajnesh v. Neha , (2021) 2 SCC 324 where law of maintenance was discussed.

[Vaibhav Singh v. Divyashika Singh, 2022 SCC OnLine All 577, decided on 03-08-2022]


Advocates who appeared in this case :

Santosh Kumar Singh, Advocate, Counsel for the Appellant.


*Suchita Shukla, Editorial Assistant has reported this brief.

Case BriefsSupreme Court

Supreme Court: In a complex case where both the parties claimed to be disabled to get the matrimonial case transferred to the court of their convenience, V. Ramasubramanian, J., held that once the order fixing maintenance has attained finality, the petitioner cannot seek a transfer of the execution pending under Section 125(3) the CrPC to another Court.

In a collateral proceeding, the marriage between the parties had been dissolved by the Family Court and the petitioner-husband was directed to pay the maintenance to the respondent-wife under Section 125(1) CrPC. The said order has attained finality.

Later on, the respondent-wife approached the Family Court on the ground that the maintenance so fixed in the original order had not been. The petition for enforcement was taken up by the Family Court along with an application for modification of the maintenance, filed by the petitioner-husband.

The Family Court passed an order on 18-01-2019 directing the petitioner-husband to pay the entire arrears of maintenance within one month as a condition precedent for deciding the application for modification. Though the petitioner did not challenge the said order dated 18-01-2019, he has come up with the instant petition for transfer of the proceedings on the ground that he is suffering from bone cancer and that he is not in a position to undertake travel from Delhi to Nagpur, Maharashtra. The Petitioner also contended that he is wheelchair-bound and the Family Court in Nagpur is not disabled-friendly. The averments made by the petitioner were disputed by the respondent-wife. In contrast, she claimed to be suffering from a serious kidney disorder forcing her to undergo dialysis.

Considering the contentions of the parties, the Court said,

“The question as to whether the petitioner or the first respondent, who is more disabled has itself become a serious matter of challenge. It is not possible for this Court while dealing with a transfer Petition, to undertake a roving inquiry to find out who is more disabled.”

Noticing that the conditional order dated 18-01-2019 for taking up the application for modification has also not been complied with and a period of more than three years has passed, the Court opined that even if the transfer is ordered, as prayed for, the order dated 18-01-2019 will stare at the face of the petitioner.

Therefore, the Court concluded that however unfortunate the case may be on either side or on both sides, the petitioner did not deserve the indulgence of the Court for transfer. Therefore, the Transfer Petition was dismissed.

[Navneet Wadhwa V. Simran Wadhwa, 2022 SCC OnLine SC 1078, decided on 16-08-2022]


Advocates who appeared in this case :

AOR Krishan Kumar,and Advocates Vidur Kamra and Jyoti Taneja, Advocates , for the Petitioner;

Senior Advocate V. Mohana, Advocates Satyajit A. Desai, Devdeep, and AOR Anagha S. Desai, Advocates, for the Respondent(s).


*Kamini Sharma, Editorial Assistant has put this report together.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court: Neeraj Tiwari, J. dismissed a writ petition which was filed with prayer for directing the respondents to grant the representation for compassionate appointment of the petitioner holding that sister can’t claim benefit of Compassionate Appointment in presence of wife under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

Counsel for the petitioner submitted that father of petitioner was working on the post of Safai Karmchari at Nagar Nigam and during the course of service, he died. After his death, brother of petitioner (son of deceased- employee) was granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (‘Rules’) as “Safai Karmchari” to cater the need of all family members dependent upon deceased- employee including petitioner- sister. Unfortunately, in a road accident he (brother of petitioner) also died. After his death, her mother has given consent for appointment of petitioner on compassionate ground.

Counsel for the respondents objected to the appointment and submitted that as per Rules, 1974 read with amended Rules 2021, definition of family is given in order of hierarchy. After death of deceased- employee, first right goes to husband or wife, second right goes to sons/ adopted sons, third right goes to daughters (including adopted daughters) and widowed daughter-in-law and fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried.

Counsel for the petitioner could not dispute the aforesaid facts and only submitted that earlier appointment was given to her brother to cater the need of all family members dependent upon her father, therefore, petitioner is also entitled to get appointment after death of her brother.

The Court after hearing the parties noted that language of Rules is very much clear, which provides that first right of appointment on compassionate ground goes to husband or wife in case of death of Government employee. The Court further held that in this case there is no dispute that deceased- employee was married and his wife is alive and also, claiming appointment on compassionate ground. Therefore, under the Rules, she was only entitled for appointment and no relief can be granted to petitioner- sister, which is at serial no. 4 in order of hierarchy given in Rules read with amended Rules 2021, in case deceased Government employee was unmarried.

The petition was dismissed, and the petitioner was given liberty to approach for appropriate remedy for maintenance claim.

[Mohini v. State of Uttar Pradesh, 2022 SCC OnLine All 554, decided on 16-08-2022]


Advocates who appeared in this case :

Prakhar Tandon, Advocate, Counsel for the Petitioner;

C.S.C., Shravan Kumar Pandey, Shyam Narain Pandey, Advocates, Counsel for the Respondent.


*Suchita Shukla, Editorial Assistant has reported this brief.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court: Vikram D. Chauhan, J. took cognizance of transfer application which was filed for the transfer of the case under Section 125 Criminal Procedure Code, 1973 pending before the Principal Judge, Family Court, Bhadohi at Gyanpur to the court having competence jurisdiction in District Prayagraj disallowing it and emphasizing on the importance of digitalisation in judicial system.

The digitalisation is not only about implementation of technology. It encompasses the transformation of the courts and justice delivery system using technology in order to enable the experiences to be better, effective and within the reach of the ordinary citizens. The digitalisation is bridging the gap between the courts and the litigant.

Counsel for the applicant submitted that the applicant is wife, who had filed application under Section 125 of the Code, however, when the applicant visited the Court, opposite party 2 and his family members physically assaulted the applicant. There is apprehension of danger of life of the applicant. The applicant had also sought transfer on the ground of financial crisis.

The Court stressed that the various digitalisation processes including addressing the court through video conference has been put in place with the advancement of technology and telecommunication including internet services the litigant is empowered to approach his counsel through telecommunication / Internet. The Court further reminded that the Supreme Court had constituted an e-committee, Supreme Court of India for effective implementation of the Information and Communication Technology (ICT) by the Judicial system in India. The Court pointed out that the information and technology induction will enhance the Judicial productivity both qualitatively and quantitatively, making the justice delivery system accessible, reliable, cost effective and transparent.

A drastic step in this respect has been taken by Allahabad High Court by framing “Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020” (Rules of 2020) which has been notified by notification dated 27-11-2020. The principal object of the aforesaid rules is to consolidate, unify and streamline the procedure relating to the use of video conference for the Courts. The Court thus opined that Rules of 2020 effectively address the concern of the litigants including the distance factor and threat perception.

Once the Rules of 2020 have been notified in exercise of powers under Article 225 and 227 of the Constitution of India, for providing video conferencing to the litigant in the Courts and such an alternative channel will be able to address the concerns of the litigant as has been raised in the present transfer application. No ground for transfer of the case from one district to another is made out in view of the observations made herein above.

The transfer application was disposed of with the liberty to the applicant to apply under Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for video conference facility in judicial proceedings.

[Sunita Devi v. State of U.P., 2022 SCC OnLine All 530, decided on 02-08-2022]


Advocates who appeared in this case :

Om Prakash Singh, Advocate, Counsel for the Applicant;

G.A., Dileep Kumar Srivastava, Advocate, Counsel for the Opposite Party.


*Suchita Shukla, Editorial Assistant has reported this brief.

High Court Round UpLegal RoundUp

Allahabad High Court

SC and ST Act, 1989

Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way of documentary evidence to prove that the injured belongs to SC or ST; Conviction and sentence, modified

The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. while deciding an appeal which was filed challenging the judgment and order of convicting accused-appellant under Sections 326 of Penal Code, 1860 (‘IPC’) and Section 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) observed that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence to show that the accused committed the crime knowing that such person/victim is a member of a Scheduled Caste or a Scheduled Tribe.

Read full report here

Bail

Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail

Read full report here

Allahabad High Court pained to see minors getting involved in age- inappropriate relations; Grants bail in the interest of infant and minor wife

Read full report here

High Court can grant transit anticipatory bail in a case registered outside its jurisdiction

Read full report here

Steps must be taken to break unholy nexus between criminal politicians and bureaucrats; Bail denied to BSP MP

Read full report here

Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons

Read full report here

Protection of life and liberty

Constitution of India does not permit to issue mandamus when there is no threat perception alleged or transpired; Petition dismissed for filing with a purpose of obtaining seal of this Court on illegal relationship

Read full report here

Manual Scavenging

No protective gears provided to the sanitation workers; DM and Nagar Ayukt, summoned

Read full report here

Stray Dog Menace

Allahabad High Court issues notice to Nagar Nigam on compensation to family after stray dog menace leaves one child dead and other seriously injured

Read full report here

Quashing of FIR

Sections 4 & 5 CrPC only applicable to proceedings under Special Acts; not when criminal jurisdiction is invoked

Read full report here

Bombay High Court

Doctrine of Proportionality

When assessing the doctrine of proportionality, one looks not only at the immediate cause inviting punishment but also at the entire context; Appeal dismissed

Read full report here

Trademark

Registrar entitled to determine the registered proprietor of the Trademark [ISKCON v. ISKCON]

The Division Bench of G.S. Patel and Gauri Godse, JJ. disposed of an appeal which was preferred by ISKCON (International Society for Krishna Consciousness) Bengaluru aggrieved by the observations that this well-known trademark (ISKCON) is exclusively associated with the original Plaintiff (“Mumbai ISKCON”) and, by necessary implication, that Mumbai ISKCON is sole and exclusive registered proprietor of the mark in International Society for Krishna Consciousness v. Iskcon Appaeral Pvt. Ltd., 2020 SCC OnLine Bom 729.

Read full report here

Maintenance

Courts cannot be hyper technical in their approach when it comes to petitions under S. 125, CrPC; son liable to maintain father

Vibha Kankanwadi, J. partly allowed a writ petition setting aside the judgment and order of Additional Sessions Judge and confirming the findings of Judicial Magistrate First Class further modifying the maintenance amount to Rs 3000/- per month.

Read full report here

Corporate Law

Independent Non-Executive Director not liable for acts of company when not involved in day-to-day business

Read full report here

Women Rights

Woman cannot be made to choose between career and child; Bombay High Court allows mother to relocate to another country with the child

Read full report here

Contracts

Yes Bank-Dish TV Case: Beneficial Owner of pledged shares, contractually entitled to all rights, including voting rights in Annual General Meeting

Read full report here

Right to reproductive choice

Minor sexual assault victim lodged in observation home for murder allowed to terminate pregnancy

Read full report here

POCSO Act

Slow pace of trial defeating the very purpose of POCSO Act; Court of Sessions to submit report of pending cases, number of Special Courts

Read full report here

Employee’s State Insurance Act

Nature of activities conducted by BCCI are commercial in nature, liable to pay employees contribution under ESI Act, 1948

Bharati Dangre, J. dismissed an appeal which was filed by Board of Control for Cricket of India (‘BCCI’), being aggrieved by the impugned judgment and order passed by the Employees Insurance Court at Bombay (ESI Court) dated 09-09-2021 where BCCI was held to be under the ambit of Employees’ State Insurance Act, 1948.

Read full report here

Calcutta High Court

Driving license

ACP, Traffic Department does not have the power to suspend the licence; directions issued to release driving licence

Read full report here

Transfer of suit

Calcutta High Court transfers Matrimonial suit showing leniency towards wife

Read full report here

Fundamental Duty

Fundamental duty to protect animals from cruelty; Directions issued to SP for finding out stolen pig from Court premises

Read full report here

Noise Pollution

Vigil to be maintained to prevent noise pollution in general; Sound levels to be within permissible limits

Read full report here

Chhattisgarh High Court

Maintenance

Chhattisgarh High Court entitles father-in-law to pay maintenance; “Estate of the husband can be preferred to claim over the estate of father or mother of daughter in law”

Read full report here

Delhi High Court

Default in payment

Delhi High Court upholds Trial Court ruling in application filed under O. XIII A CPC for default in payment of rent by tenant due to COVID

Read full report here

Trademark

Gems or James Bond; Delhi High Court directs compensation to Cadbury against trademark infringement by Neeraj Food Products

Prathiba Singh, J. permanently injuncts Neeraj Food Products (‘defendants’) for trading JAMES BOND a chocolate product in pillow packs which is deceptively similar with Mondelez India Foods Private Limited (formerly Cadbury India Ltd.) (‘plaintiff’) GEMS, the name of which has derived inspiration from a copyrighted artistic character GEMS BOND. The Court thus directed the compensation upto 15 lakhs to Cadbury India finding deceptive similarity in the product under challenge.

Read full report here

Delhi High Court refuses blanket injunction against GODADDY from registering SNAPDEAL trademark; Every infringement must be petitioned separately

Read full report here

Delhi High Court grants permanent injunction against Facebake or Facecake from using the well known trademark Facebook

Read full report here

Commercial Courts (Amendment) Act, 2018

‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018

A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending before the Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court as the Commercial Courts (Amendment) Act, 2018 (‘Amending Act’) shall not apply retrospectively and thus, the advantage provided under Section 19 of the Amending Act cannot be taken, as dispute relates before to the date of commencement of the Act, i.e., 03-05-2018.

Read full report here

Marriage

Once two adults’ consent to live together as husband and wife, no third-party interference including family is warranted; Directs SHO to provide mobile number

Read full report here

Bail

Defense of consensual sexual intercourse immaterial if victim is minor; Bail rejected

Read full report here

Delhi High Court grants Bail to a rape accused in view of the prosecutrix’s deposition as per the requisites of S. 164 CrPC

Read full report here

Service Charge

Delhi High Court stays CCPA ruling on levying service charges in hotels and restaurants as an unfair trade practice

Yashwant Varma, J. stayed the ruling passed in the form of guidelines by the Central Consumer Protection Authority (‘CCPA’) vide order dated 04-07-2022 holding that the issue of whether the levy of service charge would amount to a restricted and unfair trade practice under Consumer Protection Act, 2019 requires consideration in view of precedents and incidental facts of the subject matter.

Read full report here

Abortion

Delhi High Court’s ruling that led to Supreme Court recognizing unmarried women’s right to a safe abortion

A Division Bench of Sathish Chandra Sharma, CJ and Subramonium Prasad, J refused termination of pregnancy to an unmarried woman whose pregnancy arose out of a consensual relationship after holding that her case was clearly not covered by any of the categories mentioned under Rule 3B of the Medical Termination of Pregnancy Rules, 2003 as on the date of the judgment.

This order, however, stands modified by the Supreme Court vide order dated 21-07-2022 wherein it has been held that woman cannot be denied right to safe abortion only on the ground of her being unmarried.

Read full report here

Prevention of Money Laundering Act, 2002

Mere allocation of coal does not amount to ‘proceeds of crime’ u/S 2(1) (u) of PMLA, 2002; Proof of monetary gains wrongfully obtained from such allocation is mandatory

Read full report here

Maintenance

Delhi High Court emphasizes on the importance of husband’s/father’s obligation towards estranged wife/child; Upholds maintenance decree granted by Family Court

Read full report here

Copyright

Delhi High Court directs Telegram and Mega to immediately take down any illegal content uploaded on their platform relating to DocTutorials

Read full report here

Misleading advertisement

Delhi High Court grants ad interim injunction against Dabur India for openly disparaging Nihar Naturals Shanti Amla Oil by WhatsApp message

Read full report here

Examination

Can examination authorities deny permission for appearance in a competitive exam for violating clothing guidelines? Delhi High Court answers

Read full report here

Patent

Non-consideration of the grounds raised in a pre-grant opposition while granting patent per se constitutes violation of principles of natural justice

Read full report here

Central Civil Services (Pension) Rules, 1972

Delhi High Court allows mercy petition filed by widow of a deceased/dismissed employee seeking ‘compassionate allowance’ in view of R. 41 of CCS (Pension) Rules, 1972

Read full report here

Broadcasting rights

Delhi High Court restrains infringement of broadcasting rights of ‘Sony Ten Network’; Interim directions issued

Read full report here

Gujarat High Court

Bail

Gujarat High Court denies bail to a 66 year old over recovery of poppy straw in commercial quantity from his property

Read full report here

Appointment

Delay in appointment of presiding officer of DRT leading to deprivation of legitimate right to speedy justice; Directions issued

Read full report here

Retirement

Municipality has power to retire a municipal servant at any time on or after he attains the age of 55 years on giving him three months notice

Read full report here

Gauhati High Court

Bail

Facebook post “only an expression of her feelings”, does not mention ULFA-I; College Student gets bail

Read full report here

Preferential Appointment

‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999

Read full report here

Retirement

State cannot force subordinate officers to retire prematurely on low physical fitness without following procedure under Assam Rifle Rues, 2010

Read full report here

Representation of People Act

‘High-time to revisit S.126 of Representation of People Act’ ; Gauhati High Court dismisses proceedings against Assam CM for violating Model Code of Conduct

Rumi Kumari Phookan J. dismissed the criminal proceedings against Chief Minister of Assam, Dr. Himanta Biswa Sarma for violating the provision of the Model Code of Conduct during 2019 General Assembly Elections. The Court was further of the view that the provision mentioned under Section 126 of the Representation of the People Act, 1951 (RP Act) should be reexamined in the light of multi-phased elections and the expansion of digital and electronic media.

Read full report here

Jammu and Kashmir and Ladakh High Court

S. 80 Civil Procedure Code, 1908

When can Courts dispense off with the requirement of notice u/s. 80, CPC? J&K and Ladakh HC elucidate

While deciding the instant appeal wherein substantial questions of law were raised vis-a-vis SectionS 80CPC; the Single Judge Bench of Vinod Chatterji Koul, J., held that the language of Section 80 is very clear in stating that at the time of filing a suit, if the plaintiff can establish that there is an urgency to seek relief, then the Court on its satisfaction, may dispense off with the requirement of notice before filing a suit under Section 80.

Read full report here

Article 14 and 16, Constitution of India

Classification on the basis of educational qualification for the purposes of promotion, is permissible in law and does not offend the Constitution

Read full report here

Double Jeopardy

Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses

While deciding the instant petitions, the question that came up before that Court was whether a person can be prosecuted for offence under Section 420 of IPC as also for offence under Section 138 of NI Act, on the same set of facts and whether or not it would amount to double jeopardy. The single Judge Bench of Sanjay Dhar, J., observed that the offences under Section 138NI act and Section 420IPC, are two distinct offences, therefore the principle of double jeopardy or rule of estoppel does not come into play.

Read full report here

Administration of justice

For proper administration of justice, Judges should not make derogatory remarks against persons, unless such censuring is necessary for the case

Read full report here

Hyderpora Encounter Case

J&K and Ladakh HC allows the family of deceased Amir Magrey to perform Fatiha Khawani; upholds compensation awarded by the Single Judge Bench

Read full report here

Vacancy and appointment

Can waitlist candidates be considered for filling up vacancies caused by resignation of the selected/appointed candidates? J&K and Ladakh HC answers

On the issue of whether wait list candidates can be considered for filling up vacancies caused due to resignation of appointed candidates, the Division Bench of Pankaj Mithal, CJ., and Moksha Khajuria Kazmi, J., observed that “a select/waiting list prepared may remain operative and valid for a period of one year, but that would only be for a limited purpose of appointing the selected/wait list candidates on the vacancies which remains unfilled due to non-joining of the selected candidate for one reason or the other.”

Read full report here

Jharkhand High Court

Compensation

Date of application or Date of death — From when is the monetary compensation on account of death of an employee to be paid?

S.N. Pathak, J., allowed the writ petition directing Central Coalfields Limited (‘CCL’) to modify the monetary compensation in case of death or an employee who died in harness, calculating it from date of death of the husband of the petitioner.

Read full report here

Dowry death

Upheld the decision of trial court; Accused convicted for dowry death

Read full report here

Corporate law

Criminal proceedings against Directors cannot continue when the Company has not been arrayed as a party

Read full report here

Karnataka High Court

Corruption

‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988

Read full report here

Bail matter highlights “corruption” in Anti-Corruption Bureau; Karnataka HC judge alleges transfer threat for his observations against ACB and ADGP

Read full report here

Alimony

Able bodied person having the ability to earn is not entitled to seek permanent alimony from wife; Karnataka High Court dismisses appeal

Read full report here

Foreign Exchange Management Act, 1999

Writ petition by XIAOMI India premature when alternate remedy available under S. 37 FEMA, 1999 left unattended

Read full report here

CENVAT Credit

No suppression of material facts if show cause notice issued is based on balance sheet; Appeal denied

Read full report here

Handcuffs

Karnataka High Court grants compensation to a law student who was arrested and handcuffed

Read full report here

Kerala High Court

Citizenship and Marriage

Diplomatic officers empowered to apostille affidavits and do notarial acts; Indo-Canadian couple allowed to get married “online”

Read full report here

Sexual Assault

Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter

Read full report here

Bail

Can pre-arrest bail be granted to accused sitting abroad? Co-equal bench doubts order in Vijay Babu’s case; Larger Bench to decide

While adjudicating a question of law as to whether pre-arrest bail can be granted to an accused while he is sitting abroad, P.V. Kunhikrishnan, J., doubted the findings of Single Judge in Vijay Babu v. State of Kerala, 2022 SCC OnLine Ker 3158. Answering the question of law in negative the Court stated,

“If an accused in a case leaves India after knowing that a case with grievous offences is registered against him and files a bail application before the High Court while sitting abroad, he is not entitled to an order not to arrest especially when there is no such power under Section 438 CrPC.”

Read full report here

Birth certificate

Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides

In a significant decision P. V. Kunhikrishnan, J., directed the Registrar of Births and Deaths to expunge the father’s name of the petitioner 1 from his birth certificate and issue a new certificate showing the name of his mother only as a single parent.

Read full report here

e-Commerce

Received a wrong product while shopping online? Read how Kerala HC addresses grievance of person who received wrong laptop from Flipkart

Read full report here

Madhya Prdaesh High Court

DNA Test

‘Violation of individual privacy’; Request for DNA test denied in property dispute

Read full report here

Will

When does a Will becomes a suspicious document? Madhya Pradesh High Court answers

Dwarka Dhish Bansal, J., while dismissing a second appeal held that in presence of prior execution of agreement of Gift, the Will becomes a suspicious document.

Read full report here

Highway guidelines

Major District Road (MDR) not subjected to 300 metres guidelines, since it is not a National or a State Highway; NOC for petrol pump granted

Read full report here

Compassionate appointment

Substitution of an appointment on compassionate grounds through contractual appointment held illegal; directions issued

Read full report here

Police carelessness

Madhya Pradesh High Court lambasts police force for blatant callousness and failure in tracing an 11-year-old missing minor girl

Read full report here

Compulsory retirement

Irregular grant of bail may reflect upon competency of the Judge but does not mean that he is corrupt; Compulsory retirement set aside

Read full report here

Madras High Court

Advertisement

Madras High Court directs State Government to include photographs of PM and President in print/electronic media for International Chess Olympiad

Read full report here

Deception

Madras High Court directs State Police to alter FIR and add Ss. 417 and 420 IPC on alleged concealment of impotency by husband pre-marriage

Read full report here

Pension

Freedom fighters’ pension cannot be taken as ‘income’ to deny family pension; Objective of Freedom Fighter Pension Scheme is to honour the sacrifices of the fighters

Read full report here

Termination of pregnancy

Madras High Court allows termination of 27+weeks pregnancy of minor child victim of 13 years; Foetus to be preserved for criminal case under POCSO

Read full report here

GST

Proper reasons to be given for rejecting GST Registration Applications; Just writing ‘rejected’ would not suffice

Read full report here

Education

High Court cannot be an expert body for the purpose of forming an opinion on equivalence of degrees; Madras High Court upheld the Government Order

Read full report here

Divorce

Suspecting the character of spouse and making false allegations of extra marital affair in presence of colleagues/ students amount to mental cruelty; Madras High Court grants divorce

Read full report here

Professional misconduct

Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients

Read full report here

Admission

Can plea of poor internet connectivity be entertained if it deprives a student of his entitlement to take admission? Madras High Court directs State to compensate

G R Swaminathan J. directed the State to pay compensation of Rs 1 Lakh to a student who could not take admission in the medical course in the academic year 2021-2022 as he was unable to register his name on the portal for NEET counseling even after obtaining marks beyond cut off limit, due to poor internet connectivity.

Read full report here

Old age homes

Madras High Court exercises parens patriae jurisdiction to deal with the issue of senior citizen welfare and old age homes; Guidelines issued

Read full report here

Transgender rights

Madras High Court remarks transgenders are already part of most backward classes; Dismisses plea seeking separate reservations for them in government jobs

Read full report here

Marriage of inter-faiths

Self-respect marriages can be performed only between two Hindus; Madras High Court upholds denial of marriage registration of an inter faith couple

Read full report here

Patna High Court

Sexual Assault

Sexual assault on minors traumatic, destroys personality: Patna High Courts upholds father’s conviction for raping his minor daughters for 6 years

Read full report here

Right to chose a life partner

Women have right to marry anyone of choice; Family/Societal Recognition not required under law

Read full report here

Punjab and Haryana High Court

Property

Co-owners of the joint property cannot prevent each other from using the property; appeal dismissed

Read full report here

Motor accident

Motor Accident claims must be proved on the touchstone of preponderance of probabilities

Read full report here

Juvenile

Punjab and Haryana High Court dismisses the order of the Magistrate; Only Juvenile Justice Board to pass orders where there is ‘Juvenile in conflict with law’

Read full report here

Parole

‘Parole a part of reformative process’; Punjab and Haryana High Court grants parole to murder convict

Read full report here

Non-compoundable offences

Proceedings in non-compoundable offences can be quashed on the basis of compromise between accused and victim

Read full report here

Defamation

Relief to actress Kangna Ranaut in ‘Shaheen Bagh Dadi’ defamation case; Trial Court directed to adjourn the matter

Read full report here

Mental cruelty

Does incessantly filing complaints for tarnishing one’s reputation amount to mental cruelty? Punjab & Haryana High Court answers

While deciding an appeal arising from a divorce petition, the bench of Ritu Bahri, J. and Meenakshi I. Mehta, J. observed that “the facts and circumstances unequivocally speak volumes of the fact that the respondent has incessantly been filing the complaints against the petitioner as well as his family members and the petitioner even had to go behind the bars in connection with one of those complaints, resulting in harm/damage to his image and reputation in the eyes of their relatives and the society at large”.

Read full report here

Rajasthan High Court

Illegal termination

Alleged illegal termination from Kotak Mahindra Bank pending for relief due to vacancy of competent authority; State appoints Deputy Labour Commissioner

Read full report here

Order XVI R 1 and 2 Civil Procedure Code, 1908

Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where registration of relinquishment deed was challenged, and it was pleaded to summon them as witnesses for ascertaining the claim. The Court stated that ascertaining the relevancy of the proposed witnesses while deciding application under Order XVI Rules 1 and 2Civil Procedure Code (‘CPC’) is to be prima facie established by the Trial Court.

Read full report here

Arbitration

No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

Read full report here

Telangana High Court

Employees Compensation Act, 1923

Whether the workwoman employed in Beedi manufacturing process is covered under the purview of Employees’ Compensation Act? Telangana High Court answers

M Laxman, J. allowed the appeal and remanded the matter for adjudication on merits and held that the deceased beedi worker falls under the definition of ‘workman’ as per Section 2(n)(ii) and Clause 2 of Schedule II of Employees’ Compensation Act, 1923 as well as Section 2(k) of Factories Act, 1948.

Read full report here

Tripura High Court

Appointment

It is not within the domain of the Court to direct the State- Government to create any post; Petition dismissed

Read full report here

Uttaranchal High Court

Article 21, Constitution of India

Whether writ petition on cancellation of GST Registration affecting the Right to Livelihood is maintainable? Uttaranchal High Court answers

The division bench of Sanjaya Kumar Mishra, acting C.J., Ramesh Chandra Khulbe, J., held in the writ petition is maintainable, as the cancellation of GST registration affects the rights of livelihood enshrined under Article 21 of the Constitution of India.

Read full report here

Animal slaughter

Uttaranchal High Court allows stay on Government order banning animal slaughter on the occasion of Bakra Eid in Manglaur

Read full report here


*Suchita Shukla, has put this report together.

Chhattisgarh High Court
Case BriefsHigh Courts

Chhattisgarh High Court: A Division Bench of Goutam Bhaduri and Deepak Kumar Tiwari JJ. entitled father-in-law to pay maintenance to widowed daughter-in-law from the estate of the deceased husband which is held under the hands of father-in-law. The maintenance was increased from Rs 2500 to Rs 4000.

The respondent- daughter in law (‘DIL’) was married to the son of the appellant-father-in-law (‘FIL’). After the death of the husband , she was almost deserted in the family and the bank passbook and ATM card, which belong to her husband were kept by the in-laws. It was further pleaded that at village Haretikala, Tahsil Jaijaipur ancestral property of 11.78 acres and at village Jaijaipur 3.97 acres of agricultural land are held by the appellant. In addition, three shops and houses situated in different places of Korba wherein the right of late husband of the respondent is also vested.

According to the respondent, she has no source of income to maintain herself, as such, an amount of Rs.7,000/- per month was claimed towards maintenance which was opposed by FIL contending that in order to treat the ailment of his son , a considerable amount was spent, as such, the appellant does not have any source of income and, therefore, he is unable to pay the maintenance. Thus, the Family Court, after evaluating the evidence by the order impugned, directed the appellant to pay an amount of Rs.2,500/- per month towards maintenance of the respondent. Assailing this, a present appeal was filed.

The Court noted that in order to ensure the maintenance to the daughter-in-law, Section 19 of the Hindu Adoptions and Maintenance Act, 1956 is to be perused.

Placing reliance on Dayali Sukhlal Sahu v. Anju Bai Santosh Sahu, 2010 (3) CGLJ 459 and Parwati v. Danpatra Singh, 2021 (1) CGLJ 328 wherein it was held that the daughter-in-law is required to specifically plead and prove by leading cogent, reliable and clinching evidence that all other sources of income as stated in sub-section (1) of Section 19 Hindu Adoptions and Maintenance Act, 1956 are not available to her, then only the subsequent provisions of subsection (2) of Section 19 Hindu Adoptions and Maintenance Act, 1956 can be pressed into.

The Court observed that as per the provisions enumerated under Section 19 of the Act, 1956, the right to claim maintenance by widowed daughter-in-law is conditional. The father-in-law having in possession of coparcenary property out of which widowed daughter-in-law has not obtained any share, therefore, the right to receive maintenance from the father-in-law would be limited to the share of coparcenary property held by the father-in-law in his hand in which the widowed daughter-in-law has not taken any share.

The preferential right when is considered under Section 19 (1) (a) would show that the widowed daughter-in-law would be entitled to claim maintenance firstly from the estate of her husband and thereafter, claim can be made from her father or mother. Though the word in Section ‘or‘ is used, which gives the right to a widow to claim from either of the people enumerated in Section, yet the Section is sub divided into part (a) & (b). So, the preferential precedents exist giving an option to widow. Thus, it is crystal clear that the estate of husband comes first to claim maintenance by widow. It is the well settled proposition of law that the manager of a joint Mitakshara family is under a legal obligation to maintain all male members of the family, their wives and their children, and on the death of one of the male members he is bound to maintain his widow and his children.

The Court in view of the facts and circumstances pointed out that when the estate of the husband is held in the hands of the father-in-law; the daughter-in-law cannot be forced to leave the estate of her husband and to follow the estate of her father or mother. Thus, the estate of husband can be preferred to claim over the father or mother of the daughter-in-law.

The Court enhanced the maintenance amount from Rs.2,500/- to Rs.4,000/- per month taking into the consolidated share in the property and estimated proposed income.

[Nand Kishore Lal v. Shrimati Chanchala Lal, 2022 SCC OnLine Chh 1280, decided on 04-07-2022]


Advocates who appeared in this case :

Mr. Sanjay Patel, Advocate, for the Appellant;

Mr. Sourabh Sahu, Advocate, for the Respondent.


*Arunima Bose, Editorial Assistant has reported this brief.

Bombay High Court
Case BriefsHigh Courts

Bombay High Court: Vibha Kankanwadi, J. partly allowed a writ petition setting aside the judgment and order of Additional Sessions Judge and confirming the findings of Judicial Magistrate First Class further modifying the maintenance amount to Rs 3000/- per month.

The present petition was filed by a father intending to invoke the Constitutional powers of this Court to challenge the order passed by Additional Sessions Judge whereby the revision petition by son (present respondent) was allowed setting aside the order of grant of maintenance passed by Judicial Magistrate First Class under Section 125 of Criminal Procedure Code, 1973.

Petitioner had three daughters and only one son, wife of the petitioner is still alive, but she stays separately from the petitioner but with the respondent. Petitioner contended that he had no source of income and due to his old age he is unable to do any work therefore said application for maintenance was filed. Magistrate after taking into consideration the evidence on record had come to the conclusion that the petitioner is unable to maintain himself, respondent had refused to maintain his father even after being capable of maintaining father. He had granted maintenance of Rs. 5000/- per month. This order was challenged by the respondent and reversing all the findings of the Magistrate, the Additional Sessions Judge had set aside the order passed by the Magistrate and dismissed the original application. Hence, this writ petition.

A surrejoinder was filed by the respondent stating that petitioner had agricultural land admeasuring 57 R and he has sold the same to one Sunil Chandrabhan Admane on 09-11-2015 for a consideration of Rs.3 lakh. However, according to the him, actual consideration amount was Rs.7,50,000/-, but it has been shown less in the sale deed.

The Court from the submissions gathered that at present the age of the petitioner is around 73 to 75 years and it was on record that there is no land left with the petitioner. The Court further opined that even if for the sake of arguments its accepted that there was a piece of land for the petitioner the question still remains whether that is giving him sufficient income to sustain and whether his physical ability is allowing him to cultivate the land or get it cultivated through anybody so that he can earn.

The son cannot avoid his responsibilities to maintain the father. The Court further remarked that the respondent cannot impose a condition on him in exchange of providing maintenance. The respondent had pointed out that because of the vices of the father, there were differences between the mother and the father and they were not residing together and now he was demanding the money just to fulfill his vices to which the Court commented that it cannot go into disputed facts forever and the Court can only decide whether there is a source of income for the petitioner which could give him sufficient amount to support and then there is responsibilities of son to maintain the father, and therefore, the finding which has been arrived at by the revisional Court only on the technical basis that some amount was received by the petitioner in the past because of the sell and the so called admission of the petitioner that by doing labour work he is getting wages of Rs.20/- per day. The Court believed that the said order could not have been totally discarded and that the revisional Court by applying proper criteria could have reduced that amount to make it sustainable for both the parties.

The approach taken by the revisional Court appears to be too hyper technical and when it comes to petitions under Section 125 , CrPC, the Courts cannot be so hyper technical in their approach.

The Court therefore considering all the situations partly allowed the petition setting aside the judgment and order of Additional Sessions Judge and confirming the findings of Judicial Magistrate First Class modifying the maintenance amount to Rs 3000/- per month.

[Jagannath Bhagnath Bedke v. Haribhau Jagannath Bedke, 2022 SCC OnLine Bom 1528, decided on 08-07-2022]


Advocates who appeared in this case :

Mr N. D. Batule, Advocate, for the Petitioner;

Mr D. R. Marked h/f Mr G. P. Darandale, Advocates, for the Respondent.


*Suchita Shukla, Editorial Assistant has reported this brief.

Delhi High Court
Case BriefsHigh Courts

Delhi High Court: Asha Menon, J. upheld the maintenance decree granted by the Family Court directing the husband to pay Rs 20,000 monthly to the wife and his child as maintenance keenly analyzing his earning vis a vis his expenditure.

The present petition was filed under Section 482 Criminal Procedure Code i.e., CrPC for quashing of an order dated 11-12-2021, passed by the Family Court, North-East, Karkardooma Courts whereby directions were issued to the petitioner-husband to pay a sum of Rs.20,000/- as a consolidated amount towards the interim maintenance of the respondents i.e., wife and child.

The Court noting that the present petition has no merits observed that the power of the Court under Section 482 CrPC is an extraordinary power, to be used sparingly, carefully and with caution and only when the continuation of the criminal proceedings will lead to miscarriage of justice or there was a disclosure of abuse of process of the court.

Based on evidence available on record and documents placed before Court, it is apparent that it is the petitioner who had inflated his expenditure especially Rs.10,000/- per month for his aged parents, who are admittedly living in their own residence on a 50 sq. yds. plot at Bhajanpura, Delhi owned by his father. The petitioner owns a Hyundai EON car and a smartphone of Samsung yet, he wishes to peg the maintenance of the respondent to Rs.4,000/- (before this Court Rs.5,000/-) i.e., less than half of the sum he allegedly spends on his old parents. A growing child and a mother who is taking care of all the needs of such a growing child is to somehow manage with Rs.4,000/-, whereas the petitioner and his parents can have a greatly enhanced level of comfort by spending Rs.25,000/- to Rs.28,000/- on themselves.

The Court noted that such an attitude is shameful no husband or a father must deny a fair standard of living for a wife who is a homemaker and their child of tender age.

The Court observed that matrimonial relationships can come to an end for a variety of reasons including ego clashes. The creation of Family Courts, the entire set up of Counseling Centers, and the availability of mediation whether before litigation or during litigation, are all intended for a more amiable and less torturous resolution of matrimonial and family problems. To deny maintenance to an estranged wife and child is the worst offence, even from a humanitarian perspective. Yet, it is a sad truth that husbands force their wives to file execution petitions to delay payments, even after a court of law has determined her entitlement, albeit, even if as an interim measure.

The Court dismissed the petition directing Rs 20,000 to be paid to the respondent wife as maintenance on the next date of hearing before the Family Court.

[Pradeep Kumar v. Bhawana, 2022 SCC OnLine Del 2082, decided on 18-07-2022]


Advocates who appeared in this case :

Mr. Pradeep Kumar Yadav, Advocate, for the Petitioner;

Mr. Praveen Goswami and Mr. Vijay Chauhan, Advocates, for the Respondent.


*Arunima Bose, Editorial Assistant has reported this brief.

Karnataka High Court
Case BriefsHigh Courts

   

Karnataka High Court: The Division Bench of Alok Aradhe and J.M. Khazi, JJ. dismissed an appeal filed by a husband seeking permanent alimony from his divorced wife as she is employed as an Assistant Manager in a Co-operative Society. The Court held that the husband being an able-bodied person has the ability to earn and the salary of the wife must go in taking care of the son born out of the wedlock and thus, is not entitled to seek permanent alimony from his divorced wife.

The wife left the matrimonial home back in February 1994 prior to delivery of the child. However, despite the birth of a son, wife did not join the matrimonial home.

A petition was filed by the husband seeking dissolution of marriage and also a petition seeking permanent alimony. The Family Court by a decree dissolved the marriage but did not grant the relief with respect to permanent alimony Aggrieved by this dismissal, present appeal was filed seeking the same relief.

The husband contended that the divorced wife is currently working as an Assistant Manager in a Co-operative Society. While the husband lost his job of security guard and is currently unemployed and had no means to maintain himself. This creates an obligation upon the divorced wife to maintain the husband who is unable to maintain himself.

The wife on the other hand countered the contention of the husband that she is working as an Assistant Manager on a meagre salary of Rupees 8,000 and has a 15-year-old son to look after.

The Bench after reviewing the facts noted that the husband is an able-bodied man and has ancestral property, there are lands held by his father and he also has a share in the residential property. The Court also stated that the custody of the child is in the hands of the wife and considerable number of resources are spent for the education of the child and the burden is solely upon the wife. The Court

The Court thus upheld the judgment pronounced by the Family Court.

[T Sadananda Pai v. Sujatha S Pai, MFA No. 1797 of 2021, decided on 01-07-2022]


Advocates who appeared in this case :

Nagaraja Hegde, Advocate, for the Appellant;

Nishit Kumar Shetty, Advocate, for the Respondent.

Bombay High Court
Case BriefsHigh Courts

Bombay High Court: Bharati Dangre, J. rejected a writ petition which was filed by the husband, being aggrieved of the order passed by the Family Court wherein petitioner-husband had sought some modifications in an earlier order dated 01-09-2018 pleading that his daughter was major and had completed her education and working and earning sufficiently for her own maintenance which came to be rejected.

Marital discord among the couple led to the filing of an application under Section 24 of the Hindu Marriage Act, 1955 for maintenance pendente lite by the respondent-wife which was allowed, and the husband was held liable to pay an amount of Rs.25,000/- per month towards maintenance of his daughter, who was major from 17-07-2015.

The Court considered the reasoning recorded by the Family Court that the settled position of law is to the effect that even when a daughter becomes major, she is entitled for maintenance from her father till her marriage and as far as second ground for modification was concerned, it is to the effect that she on her own, earns a handsome income from her modeling career which is just mentioned in her Instagram biography is not sufficient to hold that she has independent and sufficient income.

The Court further explained that it is a well-known fact that it is the habit of the youth of today to project a glossy picture and post the same in the social media though its contents may not always be true. The Court thus agreed that petitioner’s contention that his daughter’s earning is Rs.72 lakhs to Rs.80 lakhs merely on his daughter’s photographs posted in Instagram and her Instagram history cannot sustain.

The writ petition was rejected holding that there was no illegality or perversity, in the impugned order which was given considering the earnings of the petitioner-husband and his responsibility to maintain his daughter, who was found to be without any source of income.

[Anil Chandravadan Mistry v. State of Maharashtra, 2022 SCC OnLine Bom 1302, decided on 16-06-2022]


Advocates who appeared in this case :

Mr Anand Mishra and Mr Ashok M. Saraogi, Advocate, for the petitioner;

Ms Prabha U. Badadare, Advocate, for respondent 2.


*Suchita Shukla, Editorial Assistant has reported this brief.

Karnataka High Court
Case BriefsHigh Courts

Karnataka High Court: M Nagaprasanna J. allowed the petition and directed to dispose the application seeking maintenance, within a period of two weeks from the date of receipt of the copy of this order.

The petitioner filed an application invoking Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’ ) on several allegations which are not under challenge before the Court. The petitioner filed this application seeking a direction by issuance of a writ in the nature of mandamus to the Metropolitan Magistrate Traffic Court-III, Bangalore to dispose of the interlocutory/main application filed under the Protection of Women from Domestic Violence Act, 2005 in a Criminal Miscellaneous application within three months.

Counsel for petitioner contended that every application accompanying the main application should be decided by the learned Magistrate within three months from the date of its presentation in terms of Section 12 DV Act.

The Court observed that sub-section (5) of Section 12 DV Act mandates that every application filed under the Act shall be disposed of by the Court within sixty days (60 days) of the date of its presentation. The order sheet reveals that the application was filed on 12-11-2021 seeking maintenance but 60 days have passed by yet the order sheet does not demonstrate any consideration of the application.

The Court thus held “the petitioner is entitled to a mandamus at the hands of this Court or a direction to the Magistrate to dispose of the application for maintenance expeditiously.” [Rajamma H v. Thimmaiah V, 2022 SCC OnLine KAR 1009, decided on 09-06-2022]

*EDITORIAL NOTE:

For disposal of application filed under the Domestic Violence Act, 2005,  Section 12(5)  mandates the time limit of 60 days from the date of presentation and not 6 months.


Appearances

For petitioner- Mr Ragavendra Gowda K. and Mr Mohan Kumar D.

 


*Arunima Bose, Editorial Assistant has reported this brief.

Telangana High Court
Case BriefsHigh Courts

Telangana High Court: Sathish Reddy, J., while addressing a maintenance case, expressed that, the wife’s earning capacity cannot be a bar from awarding her maintenance.

Factual Background


Instant case was filed by the petitioners to set aside the order of the lower Court wherein the said petition was filed by the petitioners under Section 125 (1) CrPC seeking interim maintenance which was allowed directing the first respondent to pay Rs 7,000 per month each to petitioners 2 and 3.

Petitioner 1 was the wife and petitioners 2 and 3, children of the first respondent. Further, the petitioners a petition before the lower Court was filed seeking interim maintenance of Rs 12,000 per month to each of the petitioners 2 and 3 and Rs 10,000 per month to petitioner 1.

Further, the Family Court directed the first respondent, the husband of petitioner 1, to pay Rs. 7,000/- per month each to petitioners 2 and 3 towards interim maintenance from the date of the petition, pending disposal of maintenance case. The petition to the extent of petitioner 1 was dismissed. Aggrieved by the said order, the petitioners preferred this revision.

Analysis, Law and Decision


High Court stated that the Supreme Court decision in Rajnesh v. Neha, (2021) 2 SCC 324, made it amply clear that,

“If wife is earning, it cannot operate as a bar from awarding maintenance to suit the lifestyle of her husband in the matrimonial home.”

In the present matter, Family Court had only dismissed the interim application filed by the first petitioner on the ground that she herself had mentioned that she was earning Rs 20,000/- per month.

In Court’s opinion, Family Court had passed a well-reasoned order which required no interference. [Nikhat Fatima v. Syed Razi Ahmed, 2022 SCC OnLine TS 911, decided on 21-4-2022]

Case BriefsHigh Courts

Rajasthan High Court: Pushpendra Singh Bhati J. modified the impugned order and enhanced the compensation to Rs 75000/- (for wife) and Rs 25000/- (for son).

The facts of the case are such that the marriage was solemnized and a son was born out of the said wedlock. It was further submitted that, on account of the alleged disharmony the wife left her matrimonial home and came back to India along with the son. Thus, the wife filed an application against the husband under Section 125 CrPC before the Court, which was allowed vide the impugned order, while awarding the monthly maintenance to the wife and the son . The petitioner-husband (respondent herein) preferred the petition against the order seeking quashing and setting aside of the said order. The petitioner-wife (respondent herein) preferred instant revision petition challenging the order praying for enhancement of monthly maintenance.

It was submitted that the wife is earning Rs 85, 000/- per month and staying at Hyderabad, and thus, competent to earn her own livelihood, while the husband does not oppose the maintenance granted to the son vide the impugned order. Counsel also submitted that the wife deserted the husband of her own sweet and free will, and thus, she is not entitled to any kind of maintenance.

The Court relied on Supreme Court judgment in Rajnesh v. Neha, (2021) 2 SCC 324, even if the wife is earning, then also she is entitled to the determination of maintenance, in accordance with the lifestyle of her husband in the matrimonial home.

It was submitted that the sustenance does not mean and cannot be allowed to mean a mere survival, and the lifestyle at Hyderabad, where the wife alongwith her son is presently residing, is very costly, and the son is also going in a good and reputed school at Hyderabad, the expenditure whereof is also too high. Thus, even if the wife is earning something, then also she is entitled to claim the necessary and adequate maintenance from her husband.

It was noted that the husband himself took divorce; therefore, the charge of desertion cannot become a ground so as to enable the husband to disqualify the wife from claiming the amount of monthly maintenance, in any manner whatsoever.

This Court finds that the husband is earning about Rs.12,00,000/- per month and the wife is earning Rs.85,000/- per month, and therefore, a very reasonable capacity of the husband to pay the maintenance should be 1/12th of his income, which shall take care of the husband’s claim for the high cost of living in the USA.

The Court thus held “the amount of monthly maintenance as awarded by the learned court below, vide the impugned order dated 30.08.2018, to the wife and the son, is enhanced to Rs.75000/- (for wife) and Rs. 25000/- (for son).”[Neha Mathur v. Arvind Kishore, 2022 SCC OnLine Raj 943, decided on 26-05-2022]


 Appearances

For Petitioner(s): Mr Parvej Moyal (for wife)

For Respondent(s): Mr Shadan Farasat a/w Mr Harshit Bhurani (for husband)


Arunima Bose, Editorial Assistant has reported this brief.

High Court Round UpLegal RoundUp

TOP STORY OF THE MONTH 


Marital Rape

Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist? Does MRE provide impunity to offender? One says ‘Yes’, other says ‘No’

In a split verdict the Division Bench of Rajiv Shakdher and C. Hari Shankar, JJ., laid down their opinion on “Should a husband be held criminally liable for raping his wife who is not under 18 years of age?”

Read more, here…


Allahabad High Court


Employees State Insurance Act

Whether ‘Printing Press’ is a manufacturing process under Employees State Insurance Act?

Stating that the word ‘manufacturing process’ has been expansively defined under the Factories Act even to include Printing Press activity as a manufacturing process whereas in common parlance Printing Press cannot be termed as a ‘manufacturing process’, Pankaj Bhatia, J., held that, the term ‘manufacturing process’ was added to the ESI Act after the 1989 Amendment, hence, there would be no application of the said term prior to the said amendment.

Read more, here…

Abetment of Suicide

Biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady: Court dismisses discharge application of husband accused of abetting suicide of wife

Rahul Chaturvedi, J., noted that a lady soon after coming to know that her husband got married in clandestine way with some other lady, committed suicide.

Read more, here…

Loudspeaker

Use of loudspeaker in mosque is not a fundamental right

The Division Bench of Vivek Kumar Birla and Vikas Budhwar, JJ., held that the law has been settled, that use of loudspeaker from mosque is not a fundamental right.

Read more, here…

Maintenance

If wife sells out some property, in order to maintain her children, would that mean the wife will not have opportunity to claim maintenance under S. 125 CrPC?

Brij Raj Singh, J., while discussing the matter with regard to providing maintenance to a wife, noted that the Court below had made observations on being influenced by factual aspects which were not proved.

Read more, here…

Duty of father to maintain child, daughter entitled to seek maintenance from father

Brij Raj Singh, J., expressed that, a father is legally bound to maintain his child according to the status and lifestyle.

Read more, here…

Taj Mahal

Judges by experience and training not equipped to pronounce any verdict on non-justiciable issues: Sealed 22 rooms at Taj Mahal to stay locked

In a matter wherein the petitioner sought commissioning of a study so that the history of Taj Mahal could be explored, and controversy be put to rest, the Division Bench of Devendra Upadhyaya and Subhash Vidyarthi, JJ., held that the as to which subject should be studied or researched or which topic of a particular area or discipline are not issues where this Court can be said to be possessed of any judicially manageable standards to adjudicate upon.

Read more, here…

Divorce

If divorce is declared in one go and Fatwa is issued, Is muslim wife entitled to maintenance under S. 125 CrPC?

Brij Raj Singh, J., while addressing a maintenance case, observed that if a wife proves that she is unable to maintain herself, she will be entitled to maintenance.

Read more, here…

Sexual Assault

Junior of a practicing advocate alleges to have been subjected to sexual assault: Will All HC grant him bail?

In an alleged sexual assault case, Samit Gopal, J., noted that allegations of sexual assault were against a practicing lawyer by a junior in his office.

Read more, here…


Andhra Pradesh High Court


[Doctrine of Separability] AP HC discussed the enforceability of arbitration clause embedded in an unstamped charter party/agreement

“The doctrine of separability treats an agreement to arbitrate contained within a contract as an independent agreement that is deemed to be separable from the main contract. The doctrine preserves the validity and enforceability of the arbitration clause in a contract, even when the primary contract is found to be invalid and unenforceable, providing autonomy to the arbitration clause. The UNCITRAL Model law on International Commercial Arbitration, 1985, Article 16[1], integrates the doctrine of separability as an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.”

Read more, here…


Bombay High Court


News Items

Article on a rift between police officers published in newspaper: Will the reporter be punished under S. 505 IPC?

In a matter wherein, a journalist sought to quash proceedings against him for publishing news items regarding the rift between the officers of the police departments, the Division Bench of Prasanna B. Varale and S.M. Modak, JJ., expressed that:

“If we will say that any news article pertaining to two Sections of any Department will fall within the purview of Section 505(2) of the Indian Penal Code, in that case, we are interpreting the provisions of Section 505(2) of the Indian Penal Code too far and it is not expected by legislatures.”

Read more, here…

Dying Declaration

Dying declaration is by itself sufficient to convict an accused of accusation levelled against him provided dying declaration is found to be voluntary, truthful and hence, could inspire confidence of Court

While addressing a matter with regard to a husband setting ablaze his wifethe Division Bench of Sadhana S. Jadhav and Milind N. Jadhav, JJ., made an observation with respect to dying declaration that,

It is by itself sufficient to convict an accused for the accusation levelled against him provided the dying declaration is found to be voluntary, truthful and hence, could inspire the confidence of the court.

Read more, here…

Medical Test

Bom HC provides succor to a girl who was declared “male” in medical test, Directs State to consider her for post in Police department

The Division Bench of Revati Mohite Dere and Madhav J. Jamdar, JJ., directs the State Government of Maharashtra, to consider a woman who was declared as “male” in her medical test for the non-constabulary post in the police department.

Read more, here…

Section 377 Penal Code, 1860

Would kissing on lips and touching private parts of a minor be an offence under S. 377 Penal Code, 1860?

Anuja Prabhudessai, J., observed that touching private parts and kissing on the lips of a minor would not constitute to be an offence under Section 377 of Penal Code, 1860.

Read more, here…

Cruelty

Can filing of divorce petition by husband be an act of ‘Cruelty’?

Vibha Kankanwadi, J., held that, if a husband files a divorce petition that cannot be taken as an act of cruelty.

Read more, here…

Maintenance to in-laws

Can Maintenance and Welfare of Parents and Senior Citizens’ Tribunal direct the daughter-in-law to pay maintenance to her in-laws?

The Division Bench of S.S. Shinde and Revati Mohite Dere, JJ., observed that the daughter-in-law cannot be directed by the  Maintenance and Welfare of Parents and Senior Citizens’ Tribunal to pay maintenance to her in-laws.

Read more, here…

Bonafide Passenger

If a passenger carries a season ticket on local train but fails to provide an identity card, would he be not covered under ‘Bonafide Passenger’?

While partly allowing the appeal wherein a passenger sustained injuries in an untoward incident, Sandeep K. Shinde, J., expressed that, Railway Claim Tribunal, shall proceed to grant compensation to the appellants in terms of Rule 3 of the Rules, 1990, after verifying the medical evidence produced by the appellant in support of his claim.

Read more, here…


Calcutta High Court


Spot Memos

None of the proceedings initiated by the department shown to have been taken to the logical end; spot memos cannot be enforced

The Court was unclear about the fact that why different wings of the very same department have been issuing notices and summons to the appellants without taking any of the earlier proceedings to the logical end.

Read more, here…

Ocular Testimony

In case of discrepancy between ocular and medical evidence, ocular testimony shall prevail; Conviction set aside entitling benefit of doubt

Bibek Chaudhury, J. allowed an appeal which was filed assailing the judgment and order of conviction passed by the Trial Court for committing offence under Section 324 of the Penal Code, 1860 and consequence sentence of imprisonment for a term of one year with fine.

Read more, here…

Vital Facts

Vital facts overlooked by the Trial Court; Conviction set aside under Essential Commodities Act, 1955

Moushumi Bhattacharya, J. allowed an appeal which was filed assailing the impugned judgment passed under section 7 (1) (a) (ii), of the Essential Commodities Act, 1955 and paragraph 12 of the West Bengal Kerosene Control Order, 1968. The appellant was convicted under the aforesaid provisions with fine and simple imprisonment.

Read more, here…

Bail

Bail granted to NDPS accused with 100% speech and hearing impairment

The Division Bench of Kesang Doma Bhutia and Moushumi Bhattacharya, JJ. allowed a bail application of the petitioner suffering from 100% speech and hearing impairment under Section 439 of the Code of Criminal Procedure, 1973 under Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Read more, here…

Income Tax

Not providing an opportunity to file a reply to the show-cause notice violation of principle of natural justice; Case remanded back to the Assessing Officer for fresh assessment

Md. Nizamuddin, J. allowed a petition which was filed challenging the impugned assessment order under Section 147 read with Section 144B of the Income Tax Act, 1961 relating to assessment year 2013-2014 on the ground of violation of principle of natural justice by not providing the petitioner with an opportunity to file a reply to the show-cause-notice.

Read more, here…

Conviction

Abscondence of an accused by itself does not establish his guilt; Conviction and sentence for punishment of murder set aside

The Division Bench of Joymalya Bagchi and Ananya Bandyopadhyay, JJ. allowed an appeal which was directed against the judgment and order convicting the appellant for commission of offence punishable under Sections 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay fine.

Read more, here…


Chhattisgarh High Court


Irretrievable breakdown of Marriage

Chh HC dissolves marriage on appeal filed by husband against trial court order

Sanjay S. Agrawal, J., reversed the judgment of the trial court and granted divorce in an application filed by the husband, while granting Rs 15 lakhs permanent alimony to the wife.

Read more, here…

Excise Act

Confiscation order can only be challenged when it reaches its finality and the statute does not give any space to challenge any other order except the final one

Goutam Bhaduri, J., allowed the petition and directed the vehicle to be released on certain conditions.

Read more, here…

Negative Equality

Art. 14 of the Constitution does not envisage negative equality; Grant of study leave to employees under probation, cannot be a ground for claiming negative parity in the teeth of R. 42 (5) of Chhattisgarh Civil Services (Leave) Rules, 2010

A Division Bench of Arup Kumar Goswami CJ. and Rajendra Chandra Singh Samant J. dismissed the appeal and remarked that quality cannot be claimed in illegality.

Read more, here…

Appellate Tribunal

Whether the power exercised by the single-member Appellate Tribunal of STAT formed under MV Act would be valid under RERA and within jurisdiction?

The Division Bench of Goutam Bhaduri and Sanjay S Agarwal, JJ. directed that the State shall ensure that the Appellate Tribunal shall be made functional so that the grievance of the public at large who are affected are redressed.

Read more, here…

Cruelty

Would pledge of ornaments kept for marriage of a daughter and use for self without knowledge of husband would amount to cruelty?

In a matter pertaining to mental cruelty, the Division Bench of Goutam Bhaduri and N.K. Chandravanshi, JJ., expressed that, if a spouse by her own conduct, without caring about the future of the daughter, parts with ornaments which were meant for the marriage, it will be within the ambit of mental cruelty done by the wife.

Read more, here…


Delhi High Court


Shared Household

Visits of sundry family members to matrimonial home, without permanency or intention to treat premises as a shared household: Would it render family members as members of shared household?

Prateek Jalan, J., addressed the issue of whether visits of sundry family members to the matrimonial home, without permanency or the intention to treat the premises as a shared household, would render them members of the “shared household.

Read more, here…

Irretrievable Breakdown of Marriage

Husband and wife, two pillars of family, if one gets weak or breaks, whole house crashes down

In a matter of dissolution of marriage, the Division Bench of Vipin Sanghi, ACJ and Jasmeet Singh, J., expressed that husband and wife together can deal with any situation, if one gets weak or breaks, the whole crashes down.

Read more, here…

Judicial Functions

How an Additional Rent Controller did not exhibit a great degree of temperance in discharge of judicial functions

Hari Shankar, J., expressed that, Unwarranted and needless hypersensitivity is not expected of Judicial Officers, who are expected, at all times to maintain composure and poise, befitting the office they hold.

Read more, here…

Negotiable Instruments Act

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act

Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible for the conduct of its business cannot be saddled with any liability.

Read more, here…

Trademark Infringement

Infringement of Starbucks trademark FRAPPUCCINO | Del HC awards Rs 2 lakh in damages and 9 lakh costs

In a matter wherein Starbucks trademark ‘frappuccino’ was being infringed, Jyoti Singh, J., while observing that, FRAPPUCCINO trademarks have acquired formidable reputation and goodwill in India, awarded Starbuck Rupees 2 lakhs damages and 9 lakh costs.

Read more, here…

Titles of films are capable of being recognised under trademark law? Read Del HC’s decision in light of film ‘SHOLAY’

Prathiba M. Singh, J., expressed that, the word ‘SHOLAY’, is the title of an iconic film, and consequently, as a mark having been associated with the film, cannot be held to be devoid of protection

Read more, here…

[Trademark Battle] Karim’s v. Kareem’s | Kareem’s related to or associated with Delhi’s iconic Karim’s restaurant?

Prathiba M. Singh, J., has restrained Kareem Dhanani from opening any further restaurants under the marks “KARIM/KARIM’S/KAREEM/KAREEM’S” or any other marks which are identical or deceptively similar to the Plaintiff’s marks “KARIM/KARIM’S/KAREEM” till the next date of hearing.

Read more, here…

Section 304B Penal Code, 1860

Injuries found on person of deceased who was more than 6 months pregnant, but MM ignored postmortem report: Will onus be on husband to offer an explanation under S. 104 Evidence Act?

Asha Menon, J., while setting aside the conclusion of the Metropolitan Magistrate and upholding the intervention by Sessions Court expressed that, injuries were found on the person of the deceased who was more than 6 months pregnant during her residence with her husband, hence the onus will be on him under Section 104 of the Indian Evidence Act, 1872 to offer an explanation.

Read more, here…

Marital Rape

Explainer | Would striking down ‘Marital Rape Exception’ create a New Offence?

In the Split verdict on Criminalisation of Marital Rape Exception (MRE), the Division Bench of Delhi High Court pronounced a 393-Pages Judgment, wherein the Justices Rajiv Shakdher and C. Hari Shankar while disagreeing with each other on various issues, very significantly pointed out the issue if  “NEW OFFENCE”.

Read more, here…

Extradition

When does petitioner’s concern of lack of disclosure of evidence require court’s intervention?

Chandra Dhari Singh, J., while addressing a matter, expressed that,

Under Principles of Natural Justice, it is settled law that (a) where at the stage where an authority is merely required to form an opinion as to whether an enquiry should be held into allegations or contraventions, it is not required to give to the notice details of nature of evidence and documents, and (b) where a hearing for determination of guilt is to be held de novo, without any reference to any preliminary enquiry report, then the report need not be disclosed to the party affected.

Read more, here…

Post-Decisional Hearing

MeitY directed to provide original copy of blocking order and post-decisional hearing to owner and creator of website ‘Dowry Calculator’

The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., in a matter with regard to blocking of a website ‘Dowry Calculator’, directed the MeitY committee to give a copy of the order to the creator of the website.

Read more, here…

Ration Delivery Scheme

Delhi HC strikes down Delhi Government’s Doorstep Ration Delivery Scheme | Lieutenant Governor expressed his difference of opinion

The Division Bench of Vipin Sanghi, ACJ and Jasmeet Singh, J., held that, the Delhi Government’s Mukhya Matri Ghar Ghar Ration Yojana cannot be implemented and rolled out by the GNCTD since the LG expressed his difference of opinion.

Read more, here…

Society

Can an occupant deprived of his demarcated car parking in a Society registered under Delhi Cooperative Societies Act occupied by unauthorized occupants approach the Court?

The Division Bench of Mukta Gupta and Neena Bansal Krishna, JJ., observed that Court cannot assume the duties of the Administrator or the Executive Committee to address the day-to-day grievances.

Read more, here…

Condonation of Delay

Whether merely writing letters or making representations would give a sufficient cause or ground to a party to seek condonation of delay?

Stating that mere writing of a letter of representation cannot furnish an adequate explanation for the delay, Jyoti Singh, J., expressed that, it is a settled principle of law that in writ jurisdiction, the Court would not ordinarily assist those who are lethargic and indolent.

Read more, here…

Landlord-Tenant

Once tenant starts paying rent, can he/she turn around and challenge title of landlord?

In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant cannot merely make allegations that the landlord has other premises without producing some material to substantiate the same.

Read more, here…

Custom Duty

Import without custom duty, lower Court issued summons order, but Delhi HC sets aside: Read 5 reasons why impugned order was bad in law

Chandra Dhari Singh, J., while setting aside the order of lower Court in a case concerning Customs Act, laid down five reasons why the impugned order was bad in law.

Read more, here…

Maintenance

Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive?

Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section 125 CrPC are not mutually exclusive i.e. the aggrieved person can seek interim maintenance before the Magistrate while also seeking permanent maintenance under Section 125 CrPC.

Read more, here…


Gauhati High Court


Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary?

While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right of a wife of maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.

Read more, here…


Gujarat High Court


Gratuity

If there is a delay in payment of gratuity, whether interest on delayed gratuity will be mandatory or discretionary?

Biren Vaishnav, J., reiterated that, interest on delayed payment of gratuity is mandatory and not discretionary

Read more, here…

Convict

Admission of co-accused cannot be sole base to convict any person; application dismissed

B.N. Karia, J. rejected an application under Section 397 read with Section 401 of the Code of Criminal Procedure, wherein the applicant-State has requested to quash and set aside the order and stay the implementation of the said order till hearing and final disposal of the present application.

Read more, here…

Motor Accident Claims Tribunal

Appeal dismissed on grounds of meagre amount; Order of Motor Accident Claims Tribunal upheld

Sandeep N. Bhatt, J. dismissed an appeal preferred by the Insurance Company being aggrieved and dissatisfied with the judgment and award passed by the Motor Accident Claims Tribunal by which the Tribunal has awarded Rs.65,200/- with 7.5% interest p.a. from the date of the claim petition.

Read more, here…


Himachal Pradesh High Court


Section 125 CrPC

The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Tarlok Singh Chauhan, J. remarked, “there has been no matrimonial relationship between the parties for the last nearly two decades, which in itself establishes that the parties are not in a position to live together any longer.”

Read more, here…


Jammu and Kashmir and Ladakh High Court


Freedom of Speech and Expression

Statement that Kashmir is under occupation of armed forces and people of Kashmir reduced to slaves, will be protected under Right to Freedom of Speech and Expression?

Stating that, the intention of a person can be gathered from the words spoken or written or other expressions, Sanjay Dhar, J., expressed that,

Expression of outrage at the negligence and inhuman attitude of the security forces, police and establishment would come within the ambit of freedom of expression of an individual which includes freedom to criticize the Government of the day which is permissible under law but the same may not be the position if an individual questions the fact of a State being a part of the Country by using the expression ‘occupation of military or the people being slaves etc.

Read more, here…

Bail

63-year-old woman aided her 65-year-old husband to commit rape on a minor girl: Can she be granted bail?

Sanjay Dhar, J., expressed that, in the cases involving offences of serious nature falling under IPC or POCSO Act, where the victim happens to be a minor child, the Court has to be alive to the need for protecting the victims and the witnesses and it is the duty of the Court to ensure that victim and witnesses, in such serious matters, are made to feel secure while deposing before the Court.

Read more, here…


Karnataka High Court


Lok Adalat

Kar HC issues general directions in matters relating to compromise before the Lok Adalat which are challenged by way of writ petitions

Suraj Govindaraj, J., allowed the petition and quashed the compromise decree in the original suit filed before Principal Senior Civil Judge at Hubballi in the Lok-Adalat proceedings.

Read more, here…

Arbitration

Whether Arbitration involving third parties leading to other proceedings would be arbitrable?

B.M. Shyam Prasad, J., held that there cannot be a complete adjudication of the petitioner’s rights unless the third parties are also heard.

Read more, here…

Maintenance

Granting or non-granting interim maintenance is not punishing any litigant; Kar HC observes Proviso to S. 125 of CrPC provides discretion to court to order interim maintenance during pendency of proceedings

M Nagaprasanna, J., dismissed the petition and refused to grant prayer as the case is at a pre matured stage and is not the right time to post the matter for examination.

Read more, here…

Juvenile Justice Act

In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians; no offence can be made out under S. 80 JJ Act

Hemant Chandangoudar, J., allowed the petition and quashed the impugned proceedings initiated against alleged offence under Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015.

Read more, here…

Work From Home

Work From Home under Maternity Benefit Act can be availed only if nature of work assigned to women is possible for them to work from home

Noting that the nature of work assigned to a woman cannot be carried from home, R Devdas, J., held that, as per Section 5(5) of the Maternity Benefits Act, 1961 work from home after availing the maternity benefit could be given only in a case where the nature of work assigned to the women is such that it is possible for her to work from home.

Read more, here…

Industrial Disputes Act

Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver medal allowance without considering the question of maintainability of the petition under Section 33C(2) of the I.D. Act.

Read more, here…

Indian Nursing Council

No objection from the Indian Nursing Council is not required for the purpose of University granting recognition or approval for the GNM Course

P Krishna Bhat, J. disposed of the application with a direction to KSNC and State to consider the applications of petitioners which were filed in the year 2019 and take a final decision on the same.

Read more, here…

Negotiable Instruments Act

A 138 NI complaint filed was barred by limitation but such issue was raised for the first time before the Appellate Court and not Trial Court

HP Sandesh J. dismissed the petition and upheld the judgment by the Appellate Court and further directed the complainant to file necessary application to condone the delay.

Read more, here…

POCSO

Teacher aged 55 years harassed a student on separate occasions, booked under POCSO, released on bail

H.P. Sandesh, J. allowed the petition and granted bail to the petitioner in connection with a crime registered in  Magadi Police Station, Ramanagara District, for the offence punishable under Sections 8 and 12 of the POCSO Act.

Read more, here…

GST Act

Whether on coming into force of GST Act a Municipal Corporation can levy advertisement tax/fee?

The Court observed that in the entire transaction of GST, the petitioners are only a collecting agency who collects the GST payable on the service rendered and deposits the same with the authorities, the incidence of tax, i.e., GST being on the services rendered or goods supplied, the obligation of payment being on the person availing the service and or receiving the goods.

Read more, here…


Kerala High Court


Suicide

Person tries to commit suicide after being subjected to severe mental stress, which is a punishable offence: Is there any provision which can save her from penal provision?

Expressing that, Criminal prosecution followed by conviction and imposing substantive sentences and fines on those convicted of suicidal behaviours are believed to constitute an affront to human dignity, K. Haripal, J., pointed out that a large section of the society considers that suicidal behaviour is typically a symptom of psychiatric illness or an act of psychological distress, suggesting that the person requires assistance in his personal and psychological life, not punishment with imprisonment or fine.

Read more, here…

Maternity Benefits

Do employers have a responsibility to ensure that delivering and raising a child, shall not be detrimental to female officer’s career?

Addressing a matter wherein maternity benefits were not being allowed to female officersRaja Vijayaraghavan V, JJ., expressed that the employer is to take all steps possible to ensure that they are sympathetic to the cause of the female officer so that she can achieve her potential in the workplace and the time spent by her to deliver and raise her child shall not be detrimental to her career or her prospects.

Read more, here…

Floods

Persons who violate directions of Corporation, as mandated by law, against deposit of garbage into canals, shall be taken to task under fullest warrant of law

Expressing that, as much as this Court does not desire to control the management of the drains or the flood mitigating systems of the city on regular basis, it is forced to do so because of the large-scale inundation witnessedDevan Ramachandran, J., held that it is necessary that citizens understand their duty to ensure that canals are fenced and maintained well and kept free of debris, which otherwise would challenge the lives of many other affected by the flooding.

Read more, here…

Educational Loan

Can low CIBIL Score of a co-borrower be a reason for denial of an education loan?

In a case wherein, due to low CIBIL Score education loan was denied, N. Nagaresh, J., directed for reconsideration of loan applications, disregarding the low Credit Score of the co-obligants.

Read more, here…

Right of Press

Right of Press to report truthfully and faithfully | Press shall NOT indulge in sensationalism

Stating that, though the Press has a duty to inform the public, the Division Bench of Devan Ramachandran and Sophy Thomas, JJ., observed that, it is the well-accepted thumb rule that the Press shall not indulge in sensationalism; or in speculating upon the guilt or otherwise of any accused or other individual; or to create an opinion about the comportment or character of a person involved in the Trial; and not to embellish, by impelling or sponsoring an opinion they seek.

Read more, here…

Promise to Marry

Whether promise to marry made to married women is legally enforceable?

In a bail matter,P.V. Kunhikrishnan, J., noted the position of law that, a promise to marry made to married women is not legally enforceable, the offence of rape is not attracted.

Read more, here…

Political Rallies

Can organisers of political rallies be responsible for provocative slogans raised by any of the participants during such rallies?

P.V. Kunhikrishnan, J., observed that, if a member of a rally raises provocative slogans, the persons who organize the rally is also responsible.

Read more, here…


Madras High Court


Legal Entity

Mother Nature is a living being having legal entity? Madras HC answers

Stating that the past generations have handed over the ‘Mother Earth’ to us in its pristine glory, S. Srimathy, J., expressed that it is the right time to declare/confer juristic status to the “Mother Nature”.

Read more, here…

Right to Worship

Whether constitutional guarantee of freedom of religion enshrined in Art. 25(1) of the Constitution of India extends even to rites and ceremonies associated with a religion?

Expressing that, the right of worship guaranteed under the Constitution to be respected by all concerned and devotees cannot be denied their right to worship under any circumstances, S.M. Subramaniam, J., held that every devotee has got a right to enter into the temple and worship Lord Sri Varadaraja Perumal in the way he likes without affecting the rights of other devotees/worshippers and temple activities.

Read more, here…

Negotiable Instruments Act

Obligation of Thumb Impression and Signature, both, for a Pro-Note under Negotiable Instruments Act: Mandatory or Not?

Teekaa Raman, J., observed that there is no mandatory provision under the Negotiable Instruments Act that both the signature and thumb impression has to be obtained for a pro-note and the lower Appellate Judge has totally misguided and misused the provision of the Negotiable Instruments Act, regarding the burden of proof and not even followed basic rudimentary of Section 20 of the Negotiable instruments Act.

Read more, here…

Public Employments

Can appointments be claimed as a matter of absolute right?

S.M. Subramaniam, J., observed that, equal opportunities in public employment is the Constitutional mandate.

Read more, here…


Madhya Pradesh High Court


Retiral Dues

Illicit deduction of amount from the retiral dues; Directions issued to refund the amount

Sushrut Arvind Dharmadhikari, J. allowed a writ petition which was filed assailing the legality, validity and propriety of the order dated 1-8-2018 whereby the excess amount of Rs.81,239/- has been sought to be recovered from the gratuity payable to him.

Read more, here…

Section 311 CrPC

Permission to change statement before Court would be dangerous for legal system and it may be also misused of S. 311 of CrPC; application for restatement after 2 years dismissed

Anil Verma, J. dismissed a criminal revision filed against the impugned order whereby an application preferred by the applicant/prosecutrix under Section 311 of CrPC was been dismissed.

Read more, here…

Civil Suit

Application under S. 151 of CPC maintainable despite the fact that order allowing the application under Or. 7 R. 11 of CPC is appealable; Trial Court directed to restore civil suit

Dwarka Dhish Bansal, J. allowed a civil revision under Section 115 of CPC against the order rejecting the application filed under Section 151 of CPC holding that the same was not maintainable.

Read more, here…

Bail

Not entitled to keep the amount of compensation paid to the State government in the event of a false rape case; Court allows bail

Vivek Agarwal, J. deciding a second bail application filed by the applicant in connection with Crime under Sections 376, 376(2)(N), 506 of IPC and Sections 3,4,5J(ii), 5L POCSO Act and Sections 3(1)(w)(II), 3(1)(w)(II), 3(II)(V) of SC/ST Act directed the Trial Court to ask the prosecutrix to refund the compensation amount paid by the State.

Read more, here…

Police Protection

Major Couple entitled to police protection in event of any future threats from parents; Permission granted to approach police commissioner directly

Vivek Rusia, J. decided on a petition which was filed seeking police protection.

Read more, here…

Termination of Pregnancy

Victim of rape allowed to terminate 13-week pregnancy; Direction issued to District Hospital for immediate action

Vivek Rusia, J. allowed an appeal which was filed seeking permission/ direction for termination of pregnancy.

Read more, here…

Principles of Natural Justice

Order by Trial Court violative of principles of natural justice; IO to be given opportunity to be heard

Atul Sreedharan, J. allowed a petition which was filed aggrieved by the order where after deciding a criminal case, the Additional Sessions Judge passed an order asking the Superintendent of Police to take action against the petitioner, who was the Investigating Officer of the case.

Read more, here…


Meghalaya High Court


Piling up Garbage

With serious menace of garbage piling up in one of the major towns, State administration seeks only to play the fiddle; matter receives the urgent attention at the highest quarters

The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. took up a petition on a matter pertaining to the piling-up of garbage in the town of Jowai. The petition was filed on 12-04-2022 complaining of household waste and general garbage not being collected in the Jowai urban township area from 04-02-2022. The Court had served the respondents served immediately and informed that the matter will appear a week hence for a preliminary hearing and appropriate directions on 20-04-2022.

Read more, here…


Orissa High Court


Exercise of power involving Application under Or. 1 R. 10 of CPC is completely different from Exercise of Power under Or. 21 Rules 97, 99 & 101 of CPC; Scope of latter is much wider

“…there exist two decrees passed by two different courts at the instance of third party and the other at the instance of the Plaintiff- Petitioner involved here in the Execution Proceeding.”

Read more, here…

Section 37 IT Act

The reasonableness of the expenditure had to be adjudged from the point of view of the businessman; Applied the test of commercial expediency

A Division Bench of S. Muralidhar CJ and R. K. Pattanaik J. dismissed the appeal filed by the assessee and upheld AO’s decision to disallow part of the payment towards commission.

Read more, here…

Food License

Any person selling article or food without a license would be punishable under S. 16 (I)(a)(ii) PFA Act as per S. 7(iii) PFA Act

Muralidhar CJ dismissed the revision petition and set aside the conviction decision of the Trial Court which was later affirmed by the Appellate Court.

Read more, here…

POCSO

Proceedings of the High Court cannot be held hostage to the whims of the investigating agency; granted bail to a CCL

V Narasingh, J. disposed of the bail application and restrained the Court to not grant any further adjournments and released the petitioner on bail.

Read more here…

Industrial Disputes Act

It is not mandatory for Central Government to make a reference to a dispute which is of national importance to a National Tribunal in view of S. 7-B r/w S 10 (1-A) ID Act

A Division Bench of S. Muralidhar, CJ and R.K. Pattanaik J. dismissed the petition and upheld the judgment by CGIT, Bhubaneshwar declining the prayer of the Petitioner as regards the maintainability of the dispute before it.

Read more, here…

Contract

It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to avail other remedies as may be available to them in accordance with law.

Read more, here…


Patna High Court


Negotiable Instruments Act

Can an order of interim compensation under S. 143-A NI Act, be enforced as ‘public demand’ under Bihar & Orissa Public Demands Recovery Act, 1914?

The Division Bench of Sanjay Karol, CJ and S. Kumar J., held that an order of payment of interim compensation under the Negotiable Instruments Act, 1881 can be enforced under the Bihar & Orissa Public Demands Recovery Act, 1914 as ‘public demand’.

Read more, here…


Punjab and Haryana High Court


Protection of Life and Liberty

State’s respect for individual independent choices has to be held high

“Courts’ responsibility to uphold the principles of constitutional morality, there exists a parallel duty to not infringe upon the personal relationship between two free willed adults.”

Read more, here…

Abetment of Suicide

Abetment of suicide by wife and mother-in-law of deceased?

Vikas Bahl, J., granted bail to mother-in-law and wife alleged to have incited husband to commit suicide.

Read more, here…

Maintenance Tribunal

If a person is aged below 58 years, Can Maintenance Tribunal invoke jurisdiction under the Maintenance and Welfare of Parents and Senior Citizen Act?

Arun Monga, J., held that the Maintenance Tribunal has no jurisdiction under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 if a person is aged below 58 years old.

Read more, here…

Mental Cruelty

If a husband stops talking to the wife, would that cause mental cruelty?

In a matter with regard to mental cruelty, the Division Bench of Ritu Bahri and Ashok Kumar Verma, JJ., observed that, even if the husband and wife were staying together and the husband stopped talking to the wife, it would cause mental cruelty and a spouse staying away by sending vulgar and defamatory letters or notices by initiating a number of judicial proceedings could make the life of other spouse miserable.

Read more, here…

Sedition

Can an act of dissent be labeled as sedition?

Expressing that, in a democratic set-up, there always would be voices of dissent and opinions against rules and protest against actions, Vinod S. Bhardwaj, J., observed that, some protests may have aggression but still an act of dissent would not be ordinarily labeled as sedition.

Read more, here…


Rajasthan High Court


Remedy

Writ Petition not maintainable due to having an alternative and efficacious remedy under S. 17 of the SARFAESI Act

Mahendar Kumar Goyal, J. dismissed the writ petition in view of availability of alternative remedy to the petitioners under the provisions of the SARFAESI Act. 

Read more, here…


Sikkim High Court


Penetrative Sexual Assault

Trial Courts should exhibit sensitivity to the plight of a child victim but they cannot go overboard and stonewall steps that are mandatory to be complied with when analysing and interpreting evidence given by  witnesses; Sentence of rape accused modified

The Division Bench of Meenakshi Madan Rai and Bhaskar Rai Pradhan, JJ. partly allowed an appeal which was filed by the appellant who aged about 40 years, was accused of having committed the offence of aggravated penetrative sexual assault, as defined under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012, on the victim, aged about 10 years. Trial Court on consideration of the evidence on record convicted the Appellant of the offence under Section 5(m) punishable under Section 6 of the POCSO Act, 2012 by the impugned Judgment and Order on Sentence, both dated 11- 11-2020, and sentenced him to undergo rigorous imprisonment for a term of 40 years and to pay fine of Rs 30,000/- (Rupees thirty thousand) only, with a default clause of imprisonment of 5 years.

Read more, here…


Telangana High Court


Police Negligence

Tel HC remarks several writ petitions are filed complaining about police negligence and delays during investigation; Such issues cannot be decided by invoking jurisdiction under Art. 226 of the Constitution

“…The appropriate and efficacious remedy available to the petitioner, if she is aggrieved by the action/inaction of the Investigating Officer is to file a private complaint against the said officer before the competent Court.”

Read more, here…

Contempt of Court

‘slap- say sorry-forget cannot be accepted’; An apology can neither be a defence nor a justification for an act which tantamount to Contempt of Court

A Division Bench of P Naveen Rao and M G Priyadarshini, JJ. dismissed the petition and held that contempt has taken place and no apology must be given.

Read more, here…


Uttaranchal High Court


POCSO

Minor contradictions or insignificant discrepancies in the statement of a prosecutrix should not be a ground for throwing out an otherwise reliable prosecution case; appeal dismissed in POCSO matter

Ramesh Chandra Khulbe, J. dismissed a criminal appeal which was filed from jail assailing the judgment and order whereby the Trial Court had convicted and sentenced the appellant on the counts of Sections 376, 377, 506 Penal Code and Section 6 of POCSO Act.

Read more, here…

Juvenile Justice Act

Child in conflict with law cannot be allowed anticipatory bail as JJ Act does not make any provision for the same; Application dismissed

Ravindra Maithani, J. dismissed an application for anticipatory bail in regards to an ongoing trial under Sections 376, 323, 504, and 506 Penal Code, 1860. The previous anticipatory bail application of the applicant had been rejected by the Fast Track Court/Special Judge, POCSO/Additional Sessions Judge, Dehradun on the ground that since the applicant is a child in conflict with the law (“CIL”) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (“the Act”) does not make any provision for anticipatory bail, the application cannot be allowed.

Read more, here…

Intra-Court Appeal

Adequate opportunity of filing counter-affidavit should be afforded to State; intra-Court appeal allowed

The Division Bench of S.K. Mishra, ACJ and A.K. Verma, J. allowed an intra-Court appeal wherein the State has assailed the order passed by the Single Judge whereby the Writ Petition of the writ petitioners-respondents herein was allowed supposedly on the concession made by the government pleader.

Read more, here…

Gauhati High Court
Case BriefsHigh Courts

Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right of a wife of maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.

Petitioner has challenged the judgment passed by the Sub-Divisional Judicial Magistrate, in a case filed by the petitioner/wife under Section 125 of the CrPC, rejecting her prayer for maintenance by the impugned judgment.

Factual Background


After three months of the marriage of petitioner/wife and respondent/husband, the family members of the respondent started to torture the petitioner, both physically and mentally and demanded 5 lakhs dowry but as she could not fulfil their demand, the respondent abused the petitioner.

Petitioner also stated that the sister-in-law of the respondent also used to abuse the petitioner by using filthy language, assaulting her by pulling her hair and preventing her from talking to her husband.

On being aggrieved with husband’s behaviour, the petitioner lodged an FIR which was registered but on assurance of the family members of the respondent that they won’t harass her in future, the case was compromised, and she was allowed to stay at her parental house for the completion of her studies. Though the respondent never provided any maintenance, nor contacted her and since the petitioner had no income it became difficult for, her to bear the daily expenses.

In view of the above-said grievances, a petition under Section 125 CrPC was filed.

Husband’s Counsel submitted that there was no irregularity in the order so passed by the trial Court in as much as the petitioner herself resided in the parental house, admittedly by making an agreement that during her stay, her maintenance will be borne by her parents.

Analysis and Decision


High Court noted that the uncorroborated testimony of the 1st party and her witnesses established the fact that the 1st party was subjected to torture in her matrimonial house which gave her sufficient ground to live separately from the 2nd party.

The Bench noted that the respondent/husband in his cryptic written objection had not narrated any detail as to under what circumstances, the petitioner began to reside in the parental house and as to why the FIR was also against him and imply it was stated that the matter had been settled between the parties.

In Court’s view, such evasive denial on the part of the husband indicated that he had not taken proper care of his wife, while she was in her parental house.

Since after filing of the FIR, she began to reside in her parental house and that does not itself absolve the respondent/husband to provide maintenance to his wife, even though her parent might have maintained her.

On perusal of the facts and circumstances of the case, it was found that the petitioner had entered into marriage at her tender age, while she was a college-going student and due to some household conflict, the relation between the parties turned sour, as a result of which she returned to her parental house and also filed an FIR.

High Court expressed that,

“…the statutory right of a wife of a maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. Such an agreement in addition to it being against public policy would also be against the clear intendment of this provision. Therefore, giving effect to an agreement, which overrides this provision of law, that is, Section 125 of Cr.P.C. would tantamount to not only giving recognition to something, which is opposed to public policy, but would also amount to negation of it.”

In the present matter, the respondent/husband could not prove that he had no sufficient means to discharge his obligation and that he did not neglect or refused to maintain his wife, whereas the petitioner had been able to prove that there was neglect on the part of the respondent.

Therefore, the trial Court’s decision was set aside, and a fresh Judgment will be passed in the instant case. [Bulbuli Saikia v. Jadav Saikia, 2022 SCC OnLine Gau 820, decided on 17-5-2022]


Advocates before the Court:

Advocate for the Petitioner: MR. A DUTTA

Advocate for the Respondent: MR. K K BHATRA

Case BriefsHigh Courts

Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section 125 CrPC are not mutually exclusive i.e. the aggrieved person can seek interim maintenance before the Magistrate while also seeking permanent maintenance under Section 125 CrPC.

In the present matter, the petitioner and respondent 2 were husband and wife and multifarious litigation was going on between them, one before the MM under the Protection of Women from Domestic Violence Act, 2005 and the other before the Family Court under Section 125 CrPC.

Instant petition was preferred against the orders passed by the ASJ, Saket Court in an application preferred by respondent 2 under Section 5 of the Limitation Act against the order of the MM condoning a delay of three years and ninety-nine days in filing an appeal against the order.

Analysis and Decision

High Court observed that the present case appeared to be a case where different avenues for relief caused enough confusion, which both, the Family Court as well as the ASJ, tried to sort out.

“The D.V. Act is, without doubt a piece of welfare legislation, to protect the interests of women in a domestic relationship and shared household, against not just physical abuse but also emotional and financial abuse.”

Hence, the ASJ was right in dealing with the condonation of application in that perspective and not choosing to dismiss the appeal on procedural technicalities.

Law of Limitation and DV Act, both have to be balanced out.

Further, the Bench expressed that,

“No doubt, inordinate delay would vest certain rights in the opposite party but when it comes to the question of maintenance and welfare of family members protected by the D.V. Act, there can be no vesting of such rights that would result in the divesting of rights assured by a special piece of legislation.”

In the present matter, respondent 2 did not resort to dilatory tactics to file an appeal in order to harass the petitioner, instead, she continued to pursue her right to maintenance before the Family Court under Section 125 CrPC.

High Court noted that the Courts always held that “sufficient cause” under Section 5 of the Limitation Act, 1963 was elastic enough to be applied by the Courts in a meaningful manner, which subserved justice.

Elaborating further, the Court stated that the facts, as brought as the explanation for the delay, and the intent of the party seeking condonation as evidenced by the circumstances, would guide the court in the exercise of its discretion to condone the delay in family matters.

Settled Law

Under Section 482 CrPC, this Court will not act as a Court of appeal and only if perversity or non-application of mind is disclosed in the impugned order or the impugned order results in a grave miscarriage of justice, that the court would interfere with it in the exercise of these powers. Though the present case does not disclose any such circumstance.

Hence, in view of the above, the pending application was dismissed. [Jagmohan Kashyap v. Govt. of NCT of Delhi, 2022 SCC OnLine Del 1609, decided on 27-5-2022]


Advocates before the Court:

For the Petitioner:

Ashish Upadhyay, Advocate

For the Respondents:

Meenakshi Chauhan, APP for R-1/State

S.S. Wani and Hasnain Khwaja, Advocates, for R-2

Himachal Pradesh High Court
Case BriefsHigh Courts

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly two decades, which in itself establishes that the parties are not in a position to live together any longer.”

The brief facts of the case are that the marriage of the appellant and respondent was solemnised in 1983 according to Hindu rites and ceremonies. However, on account of matrimonial discord, appellant filed a petition for divorce in the year 1985-86 which, however, was ultimately compromised.  Thereafter, the parties resided peacefully and out of wedlock two sons were born. But allegedly even after those differences continued which even took the shape of occasional violence. Both even accused each other of adultery. The Trial Court passed a decree of dissolution of marriage in favour of the husband. Aggrieved by the decree of divorce passed by the Trial Court below, the appellant – wife has filed the instant appeal.

Counsel for petitioner Suneet Goel submitted that the Trial Court erred in coming to the conclusion that the wife is living in adultery, which contention had already been negated by the Court while adjudicating the petition filed by the wife for maintenance under Section 125 CrPC.

Counsel for respondents Varinder Thakur submitted that as regards the findings recorded by Trial Court under Section 125 CrPC. the same were not binding on the matrimonial Court in the matrimonial disputes and secondly, there is ample amount of evidence available on record, which shows that wife was living in adultery

The Court relied on judgment Pranab Kumar Karmakar v. Aarti Karmakar, 2008 SCC OnLine Cal 833  and observed that the findings in a proceeding under Section 125 Cr.P.C. cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata. A matrimonial Court is required to arrive at an independent finding based on a material laced before it.

The Court further observed in light of the pleadings, evidence and subsequent events, that there has been no matrimonial relationship between the parties for the last nearly two decades, which in itself establishes that the parties are not in a position to live together any longer. Moreover, each of the parties is already residing with a partner of opposite sex as husband and wife. Their relations are so strained that there is no possibility of reconciliation and the marriage between them has broke down irretrievably.

Thus, It would be unrealistic for law to not take notice of the fact that the irretrievable broke down of marriage must be considered as a ground for divorce.

The Court held “I find no merit in this appeal and the same is accordingly dismissed, leaving the parties to bear their own costs.” [Sunita Devi v. Suresh Kumar, 2022 SCC OnLine HP 1968, decided on 03-03-2022]


Arunima Bose, Editorial Assistant has reported this brief

Case BriefsHigh Courts

Allahabad High Court: Brij Raj Singh, J., expressed that, a father is legally bound to maintain his child according to the status and lifestyle.

Instant revision was preferred to set aside the decision passed by the Principal Judge under Section 125 CrPC after summoning the records of the lower Court with a prayer to stay implementation and operation of the said order and to direct the OP-2 to provide Rs 10,000 per month towards interim maintenance to revisionist and Rs 40,00,000 for the purpose of marriage and education during the pendency of revision.

The revisionist had filed through her mother for granting maintenance of Rs 5,000 per month to be paid by her father, the OP 2.

Analysis and Decision

High Court took note of the settled law enunciated by the Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, that both, the working mother and working father have to take the liability of the child and if the mother is working, it does not mean that the father will be absolved from taking responsibility of his child. The father is legally bound to maintain his child according to the status and lifestyle.

The Court stated that in the present matter, lower Court’s finding that the revisionist was not showing emotional feeling and compassion towards her father on the dates when the case was fixed for hearing, has got no legs.

It is the duty of the father to maintain her child and the revisionist being daughter is entitled to seek maintenance from her father. 

Further, this court opined that the lower Court committed an error while making an observation that the mother was working in H.A.L, therefore, she must maintain the revisionist. The finding was further incorrect, wherein, it was observed that the mother was maintaining her daughter since 1991 and thus it was presumed that all the needs of the child were being fulfilled.

It was also noted that OP 2 indicated that his total salary was Rs 78, 825 out of which he had deposited Rs 45,000 in PF just to show that he was getting a lesser income of Rs 23,025 per month. He deposited the heavy amount in the PF so that the revisionist may not claim the appropriate maintenance amount.

In view of the above findings, Court did not find the order passed by the lower Court to be sustainable. Hence, the revision was allowed. [Ankita Dikshit v. State of U.P., Criminal Revision No. 398 of 2016, decided on 13-5-2022]


Advocates before the Court:

Counsel for Revisionist:- Mohammad Aslam Beg

Counsel for Opposite Party:- Govt. Advocate, Akhilesh Kumar Srivastava

Case BriefsHigh Courts

Bombay High Court: The Division Bench of S.S. Shinde and Revati Mohite Dere, JJ., observed that the daughter-in-law cannot be directed by the  Maintenance and Welfare of Parents and Senior Citizens’ Tribunal to pay maintenance to her in-laws.

The present writ petition was filed under Article 226 of the Constitution of India thereby taking an exception to the order passed by respondent 1 –Presiding Officer of the Maintenance and Welfare of Parents and Senior Citizens’ Tribunal.

During the pendency of this petition, the Division Bench of this Court by order 18-2-2019, directed thus:

“5.(c) Since it is stated that the Petitioner may be dispossessed tomorrow and by using force, we direct that until further orders of this Court, the operative direction No.3 which directs the Petitioner to hand over vacant and peaceful possession of the premises to her in-laws be not acted upon or implemented.” 

Factual Matrix

Respondent 1 /non-applicant had passed the order (impugned in the present petition) in the proceedings instituted by respondent 2—Nalini Shah and her husband—Mahendra Shah. During the pendency of the present petition, the husband of respondent 2 died, with permission of the Court his name was deleted.

Further, respondent-4—Devang Shah was the husband of the petitioner and also the son of respondent 2 and present petitioner – Sheetal Shah was the daughter-in-law of respondent 2.

It was alleged that Sheetal Shah and her husband had made the life of Nalini Shah and Mahendra Shah miserable and there was continuous physical and mental torture/harassment to them in their old age and that too in their own house.

Respondent 1 –Tribunal had allowed the application filed by Nalini Shah and her husband and directed their son and daughter-in-law to pay maintenance, also they were directed to hand over the possession of the entire residential premises.

On being aggrieved with the above order, the present writ petition was filed.

Analysis, Law and Decision

High Court expressed that, while exercising writ jurisdiction, it is not desirable to undertake exercise of disputed questions of fact, and more particularly, when Court finds that the observations/findings recorded by the Tribunal, while answering the issue that Sheetal Shah and Devang Shah in the said application were causing mental and physical harassment to Nalini Shah and Mahendra Shah, were made keeping in view the material placed on record.

The Bench stated that it has reservations with the direction to Sheetal Shah to pay the maintenance amount to Nalini Shah.

Section 2(a) of the Act mentions, ‘children’ include son, daughter, grandson and granddaughter and there was no reference to the daughter-in-law. Court did not find a single document showing the earnings of Sheetal Shah.

Hence, the impugned order to the extent that it directed Sheetal Shah to pay Rs 25,000 along with her husband to her in-laws could not be legally sustained. However, the direction given to Devang Shah to pay the said maintenance amount Nalini Shah was legally sustainable.

Bench confirmed the order of the Tribunal except for the direction to Sheetal Shah to pay jointly with Devang Shah maintenance of Rs 25,000.

In view of the above observations, the petition was dismissed. [Sheetal Devang Shah v. Presiding Officer of the Maintenance and Welfare of Parents and Senior Citizens, 2022 SCC OnLine Bom 1068, decided on 6-5-2022]


Advocates before the Court:

Ms. Yasmin Tavaria a/w. Mr. Anand Poojary, Ms. Nikita Pawar and Mr.Bhushan Kanchan i/b. S. I. Joshi & Company for the Petitioner.

Mrs. Jyoti Chavan, AGP for Respondent No.1-State.

Mr. Vivek Kantawala a/w. Mr. Amey Patil i/b. Vivek Kantawala & Co. for Respondent No.2.

Mr. P. R. Yadav for Respondent No.4.

Mr. Umesh Birari, Sub-Divisional Officer, Mumbai Western Suburbs.