The Delhi High Court determined that children do not possess an inherent entitlement to select a specific school for their education. It emphasized that while Article 21A of the Constitution and Section 12 of the Right to Education Act, 2009 (RTE Act) guarantee free and compulsory education up to the age of 14, they do …
Significantly, the Court said that same-sex, transgender, interfaith or inter-caste couples must be provided immediate protection before they are asked to establish the threats they face. Recently, the Supreme Court of India issued a comprehensive set of directives aimed at guiding courts in handling petitions from couples seeking protection. Notably, in the case of Devu …
Supreme Court Issues Guidelines Emphasizing Non-Judgmental Approach to Protect Couples Read More »
The Delhi High Court has observed that forcing a wife to carry out household chores despite her health condition amounts to cruelty. “In our opinion, when a wife indulges herself to do household chores, she does it by affection and love for her family. However, if her health or other circumstances do not permit her …
On Wednesday, the Delhi High Court noted that despite the wife receiving a sum of Rs. 1 crore and 80 lakhs from her husband, her ongoing pursuit of an application under Section 24 of the Hindu Marriage Act, 1955, suggests her intention to cause mental distress to him. “Even if it is taken that respondent …
Recently, the High Court of Delhi upheld the dismissal of a divorce petition in a marital dispute involving Gaurav Gulati, the petitioner, and Gita Pravin, the respondent. The petitioner had initiated legal proceedings under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, alleging cruelty and abandonment against the respondent. In the judgment pronounced …
The Delhi High Court has allowed a man to divorce his wife, saying she was being cruel. The husband said his wife didn’t do her household work and often lived away from him, staying with her parents instead, even though he tried to find separate housing for them. This made him feel insecure and kept …
Delhi High Court Judgment: Mandating Spousal Responsibilities Not Considered Cruelty Read More »
The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice. The Saket Court in Delhi recently addressed a case involving a request to move a matter under Section 12 of the Protection of Women from Domestic Violence Act …
The Supreme Court has criticized the practice of submitting written statements without paragraph-wise responses to complaints. This approach is seen to facilitate better understanding of arguments presented by the parties, rather than requiring the court to extract details from various parts of the complaint and the written statement. In a recent case where an appeal …
Recognizing the inherent duty placed upon descendants to provide for elderly parents, the Delhi High Court upheld the senior citizen petitioner’s plea for the removal of her son and daughter-in-law from her residence. Despite contested claims regarding property ownership and the delivery of legal notifications, the Court ruled in favor of the petitioner, granting her …
In its adjudication, the Supreme Court has determined that the defendant’s inability to consummate the marriage within the specified premises does not satisfy the essential legal criteria required for establishing the offense of cheating pursuant to Section 417 of the Indian Penal Code. “We do not see how an offence even under Section 417 of …
Supreme Court: Divorcing Doesn’t Count as Cheating Under IPC Section 417 Read More »
