[Divorce Law] Parties Staying Separately For Their Jobs Does Not Prove Desertion: Allahabad High Court

Recently, the Allahabad High Court has held that parties staying separately for jobs does not prove desertion.The parties got married in 1999 and had a child in 2000. The husband was posted in Jhansi, whereas the wife was posted in Auraiya. Since the parties were living separately, the appellant-husband filed a suit for restitution of conjugal rights which was decreed ex-parte in 2004. Later...

Allahabad HC Grants Bail To Man Accused Of Making Casteist Remarks Against Ex-President Ram Nath Kovind On FB

The Allahabad High Court on Wednesday granted bail to one Sandeep Tiwari, who has been accused of making certain abusive posts on Facebook against former president of India Ram Nath Kovind. In its order, a bench of Justice Mohd. Faiz Alam Khan emphasised the importance of restraint and respect when discussing individuals holding high constitutional positions, particularly on...

Trial Court Judges Often Convict Accused Despite Clear Grounds For Acquittal To Avoid Action By HC: Allahabad High Court

The Allahabad High Court recently observed that in many cases where the accused deserves clear acquittal, presiding officers in trial court pass a judgment of conviction just because they want to avoid the issuance of notice and action by the High Court. A bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi made this observation while dealing with certain criminal appeals...

Allahabad High Court Acquits Murder Convict Who Spent Over 7.5 Yrs In Jail, Grants ₹1 Lakh To Him As Compensation

The Allahabad High Court last week acquitted one Hafeez Khan, who had been convicted by the Sessions Court in March 2019 in a murder case of a woman, as it noted that there was absolutely no evidence against him. The Court also granted him Rs. 1 Lakh as a 'token of compensation' for the 'injustice' done to him since he had to spend more than 7.5 years in jail. “Now that this...

IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court

The Allahabad High Court has observed that it is the investigating agency's prerogative to sponsor the witness whose statement they want to record under Section 183 Bharatiya Nagarik Suraksha Sanhita 2023 [Recording of confessions and statements] and that an IO could not be forced to get the statement of any witness recorded under the said provision. Section 183 of BNSS is almost in...

[Voidable Marriage] 'Material Fact' U/S 12 HMA Includes Any Fact Which If Disclosed Results In Either Parties Not Consenting To Marriage: High Court

The Lucknow bench of the Allahabad High Court has said that a “material fact” for declaring a marriage voidable under Section 12 of the Hindu Marriage Act would include any fact, which would be relevant to the consent given for a marriage and which if disclosed, would result in either of the parties not consenting to the marriage. It further said that such a material fact must pertain to...

Receipt Of Arbitral Award By Party A Sine Qua Non For Limitation U/S 34(3) To Begin, General Clauses Act Does Not Apply: Allahabad High Court

The Allahabad High Court has held that receipt of the award by the party is a sine qua non for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 to begin and definition of “service by post” under Section 27 of the General Clauses does not apply.The Court observed that Section 27 of the General Clauses Act which defined service by post in a Central Legislation if...

Second Provisional Attachment Notice Lacking Fresh Reasons Is Arbitrary: Allahabad High Court

The Allahabad High Court stated that issuing a second provisional attachment notice without providing new or fresh reasons is considered arbitrary. The Division Bench of Justices Shekhar B. Saraf and Manjive Shukla observed that “the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for...

Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court

The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...

Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'

Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...

Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court

The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...

No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order

Recently, the Allahabad High Court upheld the order of the Trial Court calling for expert opinion on the wife's mental health at the stage of evidence in divorce proceedings.Appellant-wife approached the High Court challenging the order of the Principal Judge, Family Court, Hathras allowing respondent-husband's application for her medical examination in divorce proceedings instituted by...