The Supreme Court has ruled that appearance notices issued to accused persons or suspects under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should not be served via WhatsApp or other electronic means. The Court emphasized that such methods cannot replace the service procedures […]
The Court said there must be references to specific words used, contextual details or any gestures that could demonstrate a criminal intent to insult the modesty. The Supreme Court has clarified that Section 509 of the Indian Penal Code (IPC), which criminalizes actions that insult a woman’s modesty, cannot be invoked solely on the basis
On Thursday, January 24, the Supreme Court voiced strong concerns regarding the prolonged delays by Bar Councils in verifying advocates’ law degrees and enrolments. A bench headed by Chief Justice of India Sanjiv Khanna, accompanied by Justices Sanjay Kumar and K.V. Viswanathan, was hearing a transfer petition filed by the Bar Council of India (BCI).
The Delhi High Court has affirmed that men are equally entitled to legal protection against cruelty and violence, just as women are. Justice Swarna Kanta rejected the anticipatory bail application of a wife who inflicted burn injuries on her husband by pouring boiling water mixed with chili powder, despite her request for leniency based on
In a landmark judgment, the Supreme Court of India ruled that bail in marital disputes cannot be contingent upon conditions like mandatory maintenance payments. A bench consisting of Justice Hrishikesh Roy and Justice S.V.N. Bhatti overturned a Patna High Court order requiring the appellant, Srikant Kumar, to pay ₹4,000 per month as maintenance to secure
Supreme Court: Bail in Marital Disputes Must Not Be Linked to Maintenance Payment Read More »
The Supreme Court has ruled that a divorced wife cannot claim permanent alimony simply to achieve financial equality with her ex-husband. Addressing a troubling trend in matrimonial disputes, the Court emphasized that maintenance or alimony should not be viewed as a means of “equalizing wealth between the parties.” While a wife is entitled to maintenance
The Supreme Court clarified that these factors serve as a ‘guideline’ rather than a ‘rigid formula’ for determining permanent alimony. It outlined eight key factors to be considered when deciding the amount of permanent alimony. This ruling comes amidst the ongoing controversy surrounding the death of a Bengaluru-based techie, who had accused his wife and
The Court was dealing with a case where the father of a woman who died by suicide filed a complaint after her death, accusing her husband and in-laws of having subjected her to cruelty. The Supreme Court on Tuesday highlighted that a delay in filing a complaint about marital cruelty does not automatically negate the
The Court said that there is a growing trend to use the provision as a tool by women for unleashing personal vendetta against the husband and his family. On Tuesday, the Supreme Court raised concerns about the widespread misuse of Section 498A of the Indian Penal Code (IPC), which penalizes cruelty by husbands and their
The Court observed that the deceased’s dying declaration did not mention any physical relationship or sexual intercourse with the accused, nor did it claim that these actions were based on a promise of marriage. On Friday, the Supreme Court ruled that a mere refusal to marry does not constitute abetment of suicide under the Indian
