Rajasthan High Court
Economic Dependence, Social Pressure Keeping Wife In Matrimonial Home Can't Negate Cruelty; Endurance Is Not Consent: Rajasthan High Court
The Rajasthan High Court has observed that many women continue to remain in difficult marriages out of economic dependence, social pressure, children, lack of shelter, fear of stigma or absence of parental support. Thus, mere fact that spouses reside together for some years does not automatically negate allegations of cruelty.The division bench of Justice Arun Monga and Justice Sunil...
No Rape Case Made Out Against Legally Wedded Husband When Wife Was Major At Time Of Marriage: Rajasthan High Court
The Rajasthan High Court has quashed a rape FIR filed against a man by his wife, opining that in light of the definition of rape under Section 375, IPC and the Supreme Court ruling in Navtej Singh Johar v Union of India, the aspect of consent within marriage was rendered legally immaterial for prosecution of offences like rape. The bench of Justice Anoop Kumar Dhand clarified that since...
To Protect Octogenarian Parents, Rajasthan High Court Upholds Eviction Of Their Senior Citizen Son And Daughter-In-Law
While underscoring the mandate and object of the Maintenance and Welfare of Parents and senior Citizens Act 2007, Rajasthan High Court dismissed a petition filed by a senior-citizen couple (petitioner no. 1 & 2) against their eviction from the property of their octogenarian parents (respondents).The bench of Justice Sameer Jain considered that the respondents were octogenarians, who...
S.480 BNSS | Merely Being A Woman Is No Ground For Bail In Serious Offences Like Murder: Rajasthan High Court
The Rajasthan High Court recently denied bail to a mother-in-law accused along with her son and husband of murdering her daughter-in-law (deceased) by strangulation. The bench of Justice Baljinder Singh Sandhu rejected the contention raised by the counsel that being a woman, the applicant deserved to be given the benefit of bail as per the provision under Section 480, BNSS. The Court made...
Spouses Living Separately Due To Government Service Postings Doesn't Amount To Desertion: Rajasthan High Court
The Rajasthan High Court has held that it is not uncommon for spouses employed in government services to reside at different places due to their postings and thus, mere fact of separate residence owing to such exigencies cannot by itself constitute 'desertion' to become a ground for divorce. Furthermore, the division bench of Justice Arun Monga and Justice Sandeep Shah observed that not...
'Treated Himself Above Law': Rajasthan High Court Fines Ayurveda Dept Director ₹50,000 For Defying Orders Halting Pension Benefit Recovery
Rajasthan High Court imposed a personal cost of Rs. 50,000 on the Director of the Directorate Of Ayurved, Department Of Ayurved And Bhartuya Chikitsa of the State Government for non-adherence of court orders halting recovery of pension benefits. The bench of Justice Ravi Chirania was hearing a petition wherein the petitioner had challenged the order of the respondent-Director directing...
Post-Mortem Report Cannot Prevail Over PAN Card, Driving Licence To Determine Age Of Deceased: Rajasthan High Court
The Rajasthan High Court has made it clear that when determining the age of a deceased, the date of birth mentioned in his/her PAN Card, Driving License will prevail over the age determined through post-mortem.The observation was made by Justice Sandeep Taneja while dealing with appeals against award granted by Motor Accident Tribunal.After hearing the contentions, the Court highlighted that...
Candidate Cannot Be Faulted For Not Producing Eligibility Certificate Which Department Was Bound To Obtain: Rajasthan High Court
The Rajasthan High Court has held that where the onus to procure the Certificate of Eligibility regarding the nationality of a candidate rests upon the appointing government-department, no adverse action can be initiated against the candidate for not approaching the Ministry of Home Affairs for obtaining the same.The bench of Justice Nupur Bhati was hearing a quashing petition filed by...
Number Of Convictions, Acquittals Obtained By Prosecutors Can't Be Sole Basis For Adverse Entries Against Them: Rajasthan High Court
While dismissing challenge to the Annual Appraisal Performance Form (“Form”) of the Prosecution Officers, Rajasthan High Court opined that collection of data regarding the number of convictions and acquittals per se could not be said to be an arbitrary action as long as that data was not being used for recording adverse entries against the officers.The bench of Justice Munnuri Laxman...
“Where Do The Children Play?”: Rajasthan High Court Questions Construction Of Water Tank On Town's Only Playground
While quoting the lyrics by singer Cat Stevens, “Where do the children play?”, Rajasthan High Court stayed the construction of an overhead water tank on the only playground in the town of Pilibangan (Hanumangarh).The bench of Justice Arun Monga and Justice Sandeep Shah observed that no sincere endeavor was made by the State to identify any alternative location for the construction. The...
Rajasthan High Court Weekly Round-Up: May 04 To May 10, 2026
NOMINAL INDEX [Citations 164 - 178] Order/Judgments of the Week Nishi Mishra & Anr. v State of Rajasthan; 2026 LiveLaw (Raj) 164 Kamlesh Kumar v State of Rajasthan & Anr.; 2026 LiveLaw (Raj) 165 Dr Charan Jeet Singh v State of Rajasthan & Anr.; 2026 LiveLaw (Raj) 166 Ishita Bhardwaj v/s State of Rajasthan and connected; 2026 LiveLaw (Raj) 167 Manish Dotasara v State...