The Court was of the view that it was inconceivable for the girl-complainant to maintain a prolonged relationship with the accused without her consent. On Wednesday, the Supreme Court dismissed a rape case against a man, noting that the complainant’s long-term relationship and physical involvement with him reflected her consent [Prashant v. State of NCT […]
On Monday, November 4, the Supreme Court raised concerns about the slow progress of cases filed under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), noting that their handling is similar to regular Family Court cases. The bench, consisting of Justices B.V. Nagarathna and Pankaj Mithal, pointed out that although the PWDVA was
The man claimed that his wife was a transgender person and that she could not file a domestic violence case against him since she was not a biological woman. The Delhi High Court today declined to consider a writ petition submitted by a man seeking a directive for the Delhi Police to perform a gender
Delhi High Court rejects husband’s request for wife’s gender verification Read More »
The Delhi High Court ruled on Monday that a wife’s right to live in the shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), is not absolute, particularly if she is financially independent. Justice Neena Bansal Krishna, presiding as a single bench, made this statement while dismissing an appeal from
The Delhi High Court ruled that orders issued under Section 12 of the Guardians and Wards Act, 1890 (GW Act) can be appealed under Section 19 of the Family Courts Act, 1984 (FC Act). A Full Bench was formed by the Chief Justice following a referral order from the Division Bench in a matrimonial case.
The Union Ministry of Law and Justice has instructed all Notaries to refrain from executing marriage and divorce deeds since they are not authorized as Marriage Officers. An Office Memorandum from the Department of Legal Affairs has warned Notaries that such actions are illegal. “It is brought to the notice of all concerned that the
The Delhi High Court has determined that a senior citizen’s right to peaceful living cannot be diminished by a woman’s right to occupy a shared household under the Protection of Women from Domestic Violence Act, 2005 (DV Act), particularly in cases where there is substantial evidence of serious mistreatment. Justice Sanjeev Narula, leading a Single
The Centre said that it is not as if a woman’s consent is obliterated by marriage, but only that consent violations within marriage would not attract rape law; there are other remedies. On Thursday, the Union government submitted an affidavit to the Supreme Court opposing petitions seeking the criminalization of marital rape in India [Hrishikesh
The Delhi High Court recently observed that a husband’s cohabitation with another woman and having a child with her constitutes domestic violence against the wife under the Domestic Violence Act. Justice Subramonium Prasad made this remark while rejecting the husband’s appeal against the order granting his wife Rs. 30,000 in monthly maintenance. The husband also
The Delhi High Court recently determined that a wife cannot be denied maintenance solely due to her request for a divorce after separating from her husband for valid reasons. Justice Amit Mahajan emphasized that a wife’s educational qualifications do not constitute a legitimate reason to refuse her maintenance. The court rejected the husband’s appeal against
