Madras High Court Weekly Round-Up: July 10 To July 16

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw (Mad) 192 To 2023 LiveLaw (Mad) 198 NOMINAL INDEX Loyola Selva Kumar v Sharon Nisha, 2023 LiveLaw (Mad) 192 Kajendran v Superintendent of Police and others, 2023 LiveLaw (Mad) 193 M Mathi Murugan v The Hindu Religious Charitable Endowment Department and others, 2023 LiveLaw (Mad) 194 Sv. Rm. Ramanathan and Others v State and Others, 2023 LiveLaw (Mad) 195 M Rajendran and Others v The Secretary to Government and Others, 2023 LiveLaw (Mad) 196 S. Ve. Shekher v Al. Gopalsamy and Others, 2023 LiveLaw (Mad) 197 Megala v State, 2023 LiveLaw (Mad) 198 REPORTS 'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court Case Title: Loyola Selva Kumar v Sharon Nisha Citation: 2023 LiveLaw (Mad) 192 The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a revision petition seeking review of an order passed by Family Court, Tirunelveli directing a man to pay a monthly maintenance of ten thousand rupees to his "wife" and their son and to pay the entire arrears of maintenance amount within a month. Come Up With SOP For Conducting Potency Test By Collecting Blood Sample, Mechanism Of Collecting Sperm Is A Method Of Past: Madras High Court Case Title: Kajendran v Superintendent of Police and others Citation: 2023 LiveLaw (Mad) 193 Noting that the Potency Test in cases involving sexual offences are still being conducted by collecting sperm from the offender, the Madras High Court has directed the authorities to come up with a standard operating procedure for conducting potency tests using blood samples. The division bench of Justice Anand Venkatesh and Justice Sundar Mohan said its wants to ensure that the Two-Finger Test and the Archaic Potency Test are discontinued. The bench was constituted to monitor the implementation of provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Act on the judicial side. ALSO READ: Identify Cases Involving Consensual Relationship Of Minors, Will Consider Quashing Them If Against Their Interest, Future: Madras High Court To Police Court Can't Be A Mute Spectator & Permit Perpetuation Of Untouchability: Madras High Court On Denial Of Temple Entry To SC Community Members Case Title: M Mathi Murugan v The Hindu Religious Charitable Endowment Department and others Citation: 2023 LiveLaw (Mad) 194 Lamenting that even after 75 years of Independence, there are instances of denial of temple entry to persons belonging to a particular community, the Madras High Court said that it can not be a mute spectator and allow such instances to continue. Justice PT Asha of the Madurai bench said such instances of denial of entry to the temple even after 75 years of independence should make us hang our heads in shame. The court added that if necessary, considering the ground situation and disturbance to public order, the police authorities would be at liberty to invoke the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest-Offender, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982. Madras High Court Quashes COTPA Proceedings Filed Against Actor Dhanush For Film Poster Showing Him Smoking Cigarette Case Title: Sv. Rm. Ramanathan and Others v State and Others Citation: 2023 LiveLaw (Mad) 195 The Madras High Court on Monday quashed criminal proceedings under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, initiated against Actor Dhanush, Director Aishwarya Rajnikanth and others by one Cyril Alexander for showing the actor smoking a cigarette in the posters of the movie “Velaiyilla Pattathari”. Justice Anand Venkatesh said the continuation of the criminal proceedings against the accused persons will amount to an abuse of process of court. Corruption In India Pervades All Levels, Not Even Sparing IAS, IPS and Judicial Service: Madras High Court Case Title: M Rajendran and Others v The Secretary to Government and Others Citation: 2023 LiveLaw (Mad) 196 While making critical remarks against corrupt practices prevalent among all levels of society, the Madras High Court noted that in present-day India, Justice SM Subramaniam noted that corruption is a disease that eats into the cultural, political, and economic fabric of the society and destroys the functioning of vital organs. He...

Madras High Court Weekly Round-Up: July 10 To July 16

Upasana Sajeev

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