Wife's Refusal To Have Physical Relations With Husband Amounts To Cruelty: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that the denial of the wife for having a physical relationship with her husband amounts to cruelty to the husband.A bench of Acting Chief Justice Sheel Nagu and Justice Amar Nath (Kesharwani) observed thus while upholding a family court's order allowing the husband's application for divorce under Section 13-1 (i-a) & (i-b) of the Hindu Marriage...

[Civil Judge Junior Division Exams] Madhya Pradesh High Court Orders Removal Of Ineligible Candidates From Prelims Stage By Applying Amended Recruitment Rules

Regarding the Civil Judge (Entry Level) Judiciary Exams, the Madhya Pradesh High Court has ordered the 'weeding out of candidates' found to be ineligible under the Amended Recruitment Rules since these Rules were upheld by the High Court and Apex Court in April 2024.This would effectively mean that candidates would be deemed ineligible even if they cleared the stage of Preliminary Exams...

Constitution Doesn't Prescribe Reservation, Written Tests For HC Judge Appointment; Collegium Is Judge-Made Law But Binding: MP High Court

In a recent development, the Madhya Pradesh High Court has observed that though the collegium system owes it's existence to "Judge-made law", it is binding on every court, executive and the legislature as per Article 141 of the Constitution.The Division Bench of Acting Chief Justice Sheel Nagu and Justice Amar Nath (Kesharwani) thus dismissed the plea moved by a lawyer to quash the...

[National Security Act] Different Nature Of Cases Can't Be Taken Lightly Even If Detenu Was Acquitted, Detention Is Retributive & Utilitarian: MP High Court

In a plea filed against the detention of an alleged 'habitual offender', the Madhya Pradesh High Court has held that the different nature of cases registered and tried against the detenu can't be taken lightly even if the trial resulted in acquittal.The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh pointed out that the detenu is an offender arraigned in...

Section 31 Of Arbitration Act, 1940 Does Not Bar Court From Entertaining Applications Pre-Filing Of Award: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vishal Dhagat has held that there is no bar created by Section 31 of the Arbitration Act, 1940 that the court cannot entertain an application in respect of award until it has been filed. Section 31 of the Arbitration Act, of 1940, specifies the court jurisdiction for arbitration matters. It states that an award may be filed in any...

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The prosecutrix married the accused-petitioner after the latter allegedly subjected her to multiple acts of rape.The single-judge bench of...

Misplaced Sympathy Denies Justice To Society: Madhya Pradesh High Court Declines Juvenile's Bail Plea For Allegedly Kidnapping, Murdering Minor For Ransom

In a recent decision, the Madhya Pradesh High Court has held that a child in conflict with the law need not be granted bail irrespective of the offence committed. The Court was dealing with the case of a juvenile who had kidnapped a 16-year-old and later murdered him due to non-payment of ransom.The single-judge bench of Justice Dinesh Kumar Paliwal emphasised that provisions of the...

MP Excise Act | Can Vehicle Be Confiscated By Collector U/S 47(A) During Pendency Of Criminal Trial: MP High Court Refers Issue To Larger Bench

Noting that authorities cannot be allowed to take advantage of the conflicting judgments with regard to the confiscation of vehicles under the Madhya Pradesh Excise Act, the High Court has referred the matter to the Chief Justice for the constitution of a larger bench.The single-judge bench of Justice Vinay Saraf observed that there is obscurity about the scope of Section 47(A). The...

Wife's Silence For 'Noble Cause' To Save Marriage Can't Be Held Against Her: MP High Court On Cruelty Complaint Lodged After Husband Sought Divorce

Refusing to dismiss the FIR registered against the husband's relatives for cruelty meted out to the wife, Madhya Pradesh High Court has underscored that the complainant-wife's silence in the hopes of saving the marital ties cannot be held against her.The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the FIR lodged for cruelty cannot be discarded as a 'counterblast' to...

Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife.The Division Bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani observed that divorce can be granted in instances where the husband or wife has been convicted and sentenced to life imprisonment, even in...

Not Disclosing 'Right To Terminate Pregnancy' Infracts Victim's 'Right To Live With Dignity': MP High Court Slams Police, Doctor In Minor's Rape Case

The Madhya Pradesh High Court came down heavily on the investigating officer and the treating doctor after they failed to duly inform family members of a minor rape victim about the right to terminate pregnancy within 22 weeks under the Medical Termination of Pregnancy Act, 1971.The single-judge bench of Justice Subodh Abhyankar emphasised that most of the rape cases occur in remote areas...

Death Caused While Performing Active Duty In Drive Against COVID: M.P HC Imposes Cost For Illegal Denial Of Corona Scheme To Legal Heirs

Finding that the death of the deceased was attributed to corona virus and he died while performing active duty in the drive against corona virus, the Madhya Pradesh High Court held that the action of the Relief Commissioner in denying the benefit of Mukhyamantri COVID -19 Yoddha Kalyan Yojna to the legal heirs of the deceased (Arun Pateriya) are totally illegal,...