Gujarat High Court Weekly Roundup: August 5 - August 11 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 102-107]Salman @Mufti Mohammad Salman Azhari S/O Mohammad Hasan Razvi Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 102JIL W/O Priyank Manubhai Choksi Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 103X and Others. Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 104X & Ors. Versus Na 2024 LiveLaw (Guj) 105J Versus A & Anr. 2024 LiveLaw (Guj) 106Tilakkumar Vijaykumar Mishra Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 107Judgments/OrdersGujarat High Court Dismisses Maulana Mufti Salman Azhari's Plea Against PASA DetentionCase Title - Salman @Mufti Mohammad Salman Azhari S/O Mohammad Hasan Razvi Versus State Of Gujarat & Ors.LL Citation: 2024 LiveLaw (Guj) 102The Gujarat High Court has dismissed a petition filed by Maulana Mufti Salman Azhari challenging his detention under the Prevention of Anti-Social Activities Act (PASA). The Court ruled that despite Azhari's claims of not being given a proper opportunity to make a representation under Article 22(5) of the Constitution of India, the detention order was valid.The division bench comprising Justices Ilesh J Vora and Vimal K Vyas observed, “As discussed, the contentions that proper opportunity to make representation as mandated under Article 22(5) of the Constitution of India, has not been given, having no any merits, as despite of language barrier the petitioner made effective representation through his brother as well as social worker and therefore, considering the peculiar facts and circumstances of the present case, merely, non-supplying the documents and grounds of detention in the language understandable to him, would not vitiate his detention order.”Family Conversations Secretly Recorded By Wife To Prove Domestic Violence And Cruelty Admissible In Evidence: Gujarat High CourtCase Title - JIL W/O Priyank Manubhai Choksi Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 103The Gujarat High Court has recently ruled that family conversations secretly recorded by a wife to substantiate her claims of domestic violence and cruelty against the husband, his family are admissible as evidence, adding that in "family matters" all such documents become admissible regardless of their relevance or if they can be proved as per the Indian Evidence Act.In doing so, the high court emphasized the relevance of such recordings, even if made without the husband's and in-laws' knowledge.Judicial Magistrate Can Order Voice Samples Of Accused For Investigation Of Crime: Gujarat High CourtCase Title - JIL W/O Priyank Manubhai Choksi Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 103The Gujarat High Court has recently observed that judicial magistrates have the power to order individuals, including accused persons, to provide voice samples for crime investigations. Referring to the Supreme Court's decision in Ritesh Sinha v State of Uttar Pradesh and Another, a single judge bench of Justice Gita Gopi in its July 16 judgment said, "Judicial Magistrate do have power to order a person to give a sample of his voice, such an order can be even against an accused, which would be for the purpose of investigation of crime".Tolerance Is Foundation Of Marriage But Wife's Family Often Makes Mountain Out Of Mole, Courts Must Be Wary Of False FIRs: Gujarat High CourtCase Title: X and Others. Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 104Setting aside an FIR lodged by a woman alleging dowry demand and cruelty by her husband and his family members, the Gujarat High Court emphasized that while tolerance should be foundation of a sound marriage, but often in such cases it is found that the family of the wife makes a "mountain out of a mole". In its 44 page judgment a single judge bench of Justice Divyesh A Joshi noted that many times in such cases, the parents and close relatives of the wife make a "mountain of a mole". It thereafter said, “instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues".Gujarat High Court Quashes Abetment Of Suicide FIR Against Lawyer Engaged By Wife To Pursue Matrimonial Case Against HusbandCase Title - X & Ors. Versus NaLL Citation: 2024 LiveLaw (Guj) 105The Gujarat High Court recently quashed an FIR registered against a female lawyer engaged by a woman to pursue matrimonial case against her husband. The Court also granted relief to the wife and her mother, booked for abetting her husband's suicide.Observing that there was no intention attributable to the three women, a single judge bench of Justice Divyesh A Joshi said, “the accused no.1 is mother-in-law, the accused no.2 is wife of the deceased, whereas the accused no.3 is an advocate by profession, who is taking care of legal remedy of the accused no.2. However bare perusal of the contents of the FIR...

Gujarat High Court Weekly Roundup: August 5 - August 11 2024

Bhavya Singh

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