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Jharkhand High Court Sets Aside Mutual Consent Divorce Decree, Says Appeal Lies When Consent Or Statutory Safeguards Are In Question

The Jharkhand HC has held that although a decree of divorce passed by mutual consent under Section 13B of the Hindu Marriage Act, 1955 is ordinarily not appealable, an appeal can be maintained where the genuineness of consent is disputed or mandatory statutory safeguards have not been followed. The Court set aside a mutual consent divorce decree after finding that the Family Court had failed...

Convict Sentenced To Life Without Parole Must Get Condition Modified Before Seeking Temporary Release: P&H High Court

The Punjab and Haryana High Court has refused parole to a convict sentenced to imprisonment for the whole of his biological life without parole. The Court held that so long as this condition in the sentencing order stands, granting parole would run against the trial court's sentence.A Division Bench of Justice Anoop Chitkara and Justice Harmeet Singh Deol dismissed the writ petition. The...

Absence Of Suicide Note Alone No Ground To Discharge Accused If Material Raises Grave Suspicion Of Abetment: MP High Court

The Madhya Pradesh High Court dismissed an accused's plea challenging the framing of charges under Sections 306 (abetment of suicide) IPC, observing that the mere absence of a suicide note cannot by itself be a ground for discharge when the material on record raises grave suspicion of abetment of suicide.The bench of Justice Pushpendra Yadav observed:"Mere absence of a suicide note, by...

Direction To Register FIR Doesnt Determine Guilt; Prior Hearing Of Potential Accused Not Necessary: Madras High Court In KN Nehrus Case

The Madras High Court has dismissed a review petition filed by former Tamil Nadu Minister KN Nehru against an order directing registration of FIR against him, based on materials supplied by the Enforcement Directorate in connection with an alleged corruption case.While dismissing the plea, the bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan observed that a direction to...

Veeramani POCSO Case | Chargesheet In First FIR Will Be Filed In 3 Weeks: Police Tells Madras High Court

The Tamil Nadu police has informed the Madras High Court that the chargesheet in the first FIR that was registered in connection with the POCSO case involving granite baron Veeramani would be filed within 3 weeks, likely before November 10.State Public Prosecutor John Sathyan made the submission before Justice V Lakshminarayanan when the latter enquired about the progress of the...

Absence Of Application Doesnt Prevent Court From Granting Interim Maintenance Suo Motu Under Hindu Marriage Act: Jharkhand High Court

The Jharkhand HC has held that a court can grant interim maintenance suo motu under Section 24 of the Hindu Marriage Act, 1955, even where the financially dependent spouse has not filed a formal application seeking such relief. The Court observed that procedural technicalities cannot defeat the statutory right to maintenance, particularly where a spouse lacks the means to contest...

Patna High Court Acquits Husband, In-Laws In Dowry Death Case, Says Cruelty Must Be Proved Soon Before Death

The Patna HC has held that the expression “soon before” under Section 304B IPC, concerning dowry death, requires the prosecution to establish a proximate or live link between dowry-related cruelty and the woman's death. The Court observed that although the provision was enacted to address the serious social evil of dowry deaths, its social purpose cannot justify diluting the...

Allahabad High Court Orders SSP Meerut To Remain In Courtroom Till 4 PM Over Failure To Produce Accused Before HC Despite NBW

The Allahabad High Court last week directed the Meerut Senior Superintendent of Police (SSP) BBGTS Murthy, to remain in court until 4 PM after an accused, against whom it had issued a non-bailable warrant, was not produced before the High Court.A bench of Justice Arun Kumar Singh Deshwal observed that although there appeared to be negligence on the part of the SSP's subordinates, the SSP...

Medical Termination Of Pregnancy Cant Be Restricted Solely By 24-Week Limit, Must Consider Womans Rights: Delhi High Court

The Delhi High Court has observed that the question of medical termination of pregnancy cannot be determined or restricted merely by the statutory gestational limit of 24 weeks under the Medical Termination of Pregnancy (MTP) Act, but must be examined in light of the facts and circumstances of each case, including the age of the pregnant woman, the circumstances leading to the pregnancy,...