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Supreme Court: Dowry Demand Not Required to Establish Cruelty Under Section 498A IPC

The absence of an explicit dowry demand does not negate the applicability of the provision where acts of physical violence and mental distress have been demonstrated, the Court held. The Supreme Court has affirmed that a dowry demand is not a necessary condition for invoking the offence of cruelty against a wife under Section 498A […]

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Delhi High Court Quashes FIR, Denounces Misuse of Section 498A IPC as ‘Severe’ Harassment of Husband and Family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry. The Delhi High

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Supreme Court: Spouse in a Void Marriage Under the Hindu Marriage Act Eligible for Permanent Alimony/Maintenance

The Court held that whether such relief of permanent alimony can be granted depends on the facts of each case and the conduct of the parties. The Supreme Court has ruled that a spouse in a marriage declared void under Section 11 of the Hindu Marriage Act, 1955, is entitled to seek permanent alimony or

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Supreme Court: Husband Liable for Wife’s Stock Market Debt Based on Verbal Agreement

The Court said that an arbitral tribunal can exercise jurisdiction over the husband in such cases under Bye-law 248(a) of the Bombay Stock Exchange2 Byelaws, 1957. On Monday, the Supreme Court ruled that a husband can be held jointly and severally liable for the debit balance in his wife’s stock trading account if an oral

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Delhi High Court: Importance of Differentiating Rape from Consensual Sex in Failed Relationships

The Court observed that relationships at workplaces often become sour and lead to criminal cases. On Monday, the Delhi High Court granted bail to a man facing charges of rape, causing harm, criminal intimidation, outraging a woman’s modesty, and engaging in unnatural sexual acts, as alleged by his female colleague. Justice Neena Bansal Krishna noted

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Supreme Court: Husband’s Obligation to Provide Maintenance Under Section 125 CrPC is a Legal and Moral Duty, Not a Mere Benefit for the Wife

The Supreme Court allowed a Criminal Appeal preferred by a wife against the Order of the Telangana High Court. The Supreme Court stressed that the right to maintenance under Section 125 of the Criminal Procedure Code (CrPC) is not merely a concession for the wife but a legal and moral obligation of the husband. This

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Supreme Court: Relatives of the Accused Not Liable Under Section 498A for Failing to Aid the Victim

The Court said that in criminal cases related to domestic violence, the complaint and charges should be specific as far as possible against each and every accused family member. On Friday, the Supreme Court held that the relatives of an individual accused of domestic violence cannot face criminal liability for failing to support the victim.

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Supreme Court Dismisses PIL Challenging Women-Centric Laws

The petitioner, Singh, argued that these laws adversely affect men. NEW DELHI: On Monday, the Supreme Court rejected a Public Interest Litigation (PIL) that sought to declare Sections 2, 3, 4, and 8A of the Dowry Prohibition Act unconstitutional. The Court suggested that the petitioner address the issue in Parliament instead. “We are not inclined

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Delhi High Court Imposes ₹5,000 Fine on Woman for ‘Scandalous’ Allegations Against Judge in Custody Case Transfer Petition

The petitioner sought the transfer on the ground that the father, who had been granted temporary visitation rights, allegedly sexually abused the child during visitation. The Delhi High Court has rejected Sarina’s transfer petition, which sought to move Case No. GP 88/2019 (Koshlinder Sharma v. Sarina) from the Family Court in South-West Dwarka. She had

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Supreme Court Declares Husband the Legal Father of Child Despite Wife’s Adultery

The Court also held that when there is evidence to presume legitimacy, courts cannot order a DNA test to determine paternity. The Supreme Court recently ruled that if a marriage remains intact between a man and a woman, and they had access to each other, the husband will be recognized as the legal father of

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