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“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”
“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”
“When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive for a healthy society”
“Such intimidation and infliction of emotional and psychological distress using wife’s past history to blackmail itself constitutes mental cruelty.”
“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”
“The mother has lawfully remarried, is now the mother of two children from her second marriage and has not interfered in the life of her former husband or his family.”
“Grave and irreparable harm would continue if a reasonable assessment were not made, and there would be no inconvenience to the husband in paying a slightly larger sum towards the maintenance amounts claimed by the wife.”
“Mere statements that the deceased daughter used to be unhappy and used to weep is not sufficient to conclude beyond reasonable doubt that there was harassment or conduct of such nature and degree that it will drive a woman to commit suicide.”
“The object of awarding interim maintenance is only to ensure that the wife has sufficient income to enable her to maintain herself and the said sustenance is not mere survival, but should be on the same lines of a comfortable lifestyle that she would have had in the matrimonial home.”
“Reading of the complaint, filed in the present case, would go to show that, necessary ingredients to attract the alleged offence is not found.”
“She did not use her sufferings for gain of sympathy, instead she channelled it inward, reflecting the Hindu ideal of the woman as Shakti – not weak, but submissive and powerful in her endurance and grace.”
‘The petitioner being a 5-year-old minor cannot be compelled to be deported to Australia. The right against such deportation is protected under Article 21 of the Constitution.’
In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
The petitioner-husband and Respondent 2-wife agreed to some conditions, including that the petitioner must hand over all documents and certificates belonging to Respondent 2, currently at his residence in India and in the USA, to Respondent 2.
“Without demanding permanent alimony in the written statement or by a separate application, Trial Court would not have granted permanent alimony to the respondent/wife.”
A quick legal roundup to cover important stories from all High Courts this week.
“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”