While Ascertaining Acts Of Mental Cruelty, Courts Must Look At Married Life As A Whole And Not Few Isolated Incidents: Delhi High Court

The Delhi High Court has observed that while looking at acts of 'mental cruelty', the courts must look at the married life of a couple as a whole and not merely a few isolated incidents.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that mere filing of an FIR by wife is not sufficient to prove the allegations of cruelty and dowry harassment...

Marriages Often Don't Work Due To Incompatibility But Legal Mandate To Show Either Spouse's 'Fault' For Divorce Makes Parties Suffer: Delhi HC

The Delhi High Court has made some striking observations with respect to the Hindu Marriage Act 1955 not recognizing incompatibility of a married couple as a ground for divorce, leaving such couples to "suffer acrimonious relationship" with no exit."Unless the opposite party was shown to be at fault, whether it was for ‘Adultery’, ‘Cruelty’, ‘Desertion’ or other grounds...

Acrimonious Relationship Between Parents No Ground To Deny Chance To Re-Establish Bond Between Mother And Child: Delhi High Court

The Delhi High Court has observed that merely because the relationship between the parents has turned acrimonious, resulting in FIRs and making serious allegations against each other, cannot be a ground to deny an attempt at re-establishing the bond between a mother and her minor child.Justice Navin Chawla set aside a family court order denying custody of a 10 year old minor child to the...

‘Clearly A Policy Matter’: Delhi High Court Upholds Centre’s Decision Notifying All Medical Devices As Drugs

The Delhi High Court has upheld the validity of a 2020 notification issued by the Union Ministry of Health & Family Welfare notifying all medical devices, intended for use on human beings or animals, as drugs within the meaning of Section 3(b)(iv) of the Drugs and Cosmetics Act, 1940. A division bench comprising Justice Rajiv Shakdher and Justice Tara Vitasta Ganju observed that the...

Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court

The Delhi High Court has observed that courts cannot be used as “matrimonial facilitators” for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. Justice Swarna Kanta Sharma added that courts can also not be used by the accused for obtaining bail by asking the complainant to appear before the court and state that he was ready to get married...

Delhi High Court Stays All Construction Activities At Central Ridge Including At Monument 'Malcha Mahal'

In an interim order, the Delhi High Court on Monday said that there shall be no construction at the Central Ridge in the national capital, including the construction of 25 metres boundary wall, grill work and toilets for visitors at the monument Malcha Mahal. Justice Jasmeet Singh observed that while there is no doubt that construction of the monument is important, however, as of today, the...

Father’s Second Marriage After First Wife's Death Doesn't Per Se Disqualify Him From Being Child’s Natural Guardian: Delhi High Court

The Delhi High Court has observed that mere second marriage of the father, when he lost his first wife, cannot be held per-se a disqualification from his continuing to be a natural guardian of his child.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna also observed that even the disparity in the financial status cannot be a relevant factor for denying the custody...

Delhi High Court Monthly Digest: August 2023 [Citations 642 - 784]

Citations 2023 LiveLaw (Del) 642 to 2023 LiveLaw (Del) 784NOMINAL INDEXJ. VINUTHA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES - AIIMS & ANR. 2023 LiveLaw (Del) 642 SpiceJet Limited vs Kal Airways Pvt Ltd & Ors. 2023 LiveLaw (Del) 643 MONK ESTATES PRIVATE LIMITED & ANR. v. GOVERNMENT OF NCT OF DELHI & ORS. 2023 LiveLaw (Del) 644 RAVINDER SINGH BHASIN v. KANWALJIT KAUR &...

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court

The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. It held that no party has the absolute right to insist on his convenience in every respect. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna held that an Arbitrator has a right...

Delhi High Court Weekly Round-Up: August 28 To September 03, 2023

Citations 2023 LiveLaw (Del) 757 to 2023 LiveLaw (Del) 784NOMINAL INDEXAseem Aggarwal v. Ashi Kumar 2023 LiveLaw (Del) 757ROYAL CHALLENGERS SPORTS PRIVATE LIMITED v. SUN PICTURES A DIVISION OF SUN TV NETWORK LTD.AND ANR. 2023 LiveLaw (Del) 758RS v. AS 2023 LiveLaw (Del) 759Ministry of Youth Affairs and Sports v. ERNST and YOUNG PVT LTD 2023 LiveLaw (Del) 760VARUN BHATIA v. STATE AND ANOTHER...

Section 21 Notice Is A Mandatory Pre-Requisite For Invoking Jurisdiction Under Section 21 Of The A&C Act: Delhi High Court Reiterates

The Delhi High Court has held that Section 21 notice is a mandatory pre-requisite for invoking jurisdiction of the under Section 21 of the A&C Act, The bench of Justice Jyoti Singh held that a petition under Section 11 of the Act can only be filed when the parties fail to appoint the arbitrator in terms of the procedure agreed upon by the parties and Section 21 is an important...

Periodically Monitor Status Of Uploading Central Acts, Other Legislations On India Code Portal: Delhi High Court To Law Ministry

The Delhi High Court has directed the Union Ministry of Law and Justice to periodically monitor the status of uploading Central Acts and subordinate legislations on “India Code” portal. “The Secretary, Legislative Department, Ministry of Law and Justice is directed to periodically monitor the status of uploading the Acts on the India Code portal and ensure that the process is...