Rajasthan High Court
Disputed Cruelty Allegations Pending In Criminal Case Can't Form Basis For DV Act Compensation: Rajasthan High Court Quashes ₹2 Lakh Award
The Rajasthan High Court has held that when allegations of cruelty or harassment are matters of separate criminal proceedings, which are sub-judice, the court exercising jurisdiction under the Protection of Women from Domestic Violent Act, 2005 (“DV Act”), ought not to grant compensation founded upon such disputed allegations. While setting aside such compensation, the bench of...
Maintenance Meant To Prevent Starvation, Not Impose 'Crushing Financial Burden' On Husband: Rajasthan High Court
The Rajasthan High Court has held that directing payment of maintenance from the date of application, after inordinate delay in conclusion of proceedings, in certain cases can result in an excessively onerous financial burden on the husband, especially upon a salaried person or someone having limited means. While underscoring the true objective of maintenance as prevention of...
Adoption Deed Alone Not Enough; Valid Hindu Adoption Requires Proof Of 'Giving And Taking' Ceremony: Rajasthan High Court
The Rajasthan High Court has held that adoption cannot be recognized in the eye of law merely based on the strength of an executed document. It opined that the ceremony of actual giving and taking of the child concerned is a mandatory feature under the Hindu Adoptions and Maintenance Act, 1956 and the same is not a mere formality.The bench of Justice Farjand Ali was hearing challenge against...
Rajasthan High Court Quashes Teacher's Suspension For Criticising Minister Online, Says 'Executive Displeasure' Cannot Override Law
The Rajasthan High Court has set aside the suspension of a government teacher over his social media comments against a sitting Minister.The bench of Justice Farjand Ali held that the suspension order was silent on the statutory source of power under which the petitioner was suspended. It opined that executive displeasure or perceived embarrassment could not substitute statutory authorization....
Magistrate Becomes 'Functus Officio' After Order On Final Report, Can't Pass Separate Order On Protest Petition: Rajasthan High Court
The Rajasthan High Court has held that once Magistrate Court passes an order on a Negative Final Report, it becomes functus officio and cannot pass a second order on a protest petition later on. The bench of Justice Anoop Kumar Dhand held:"...whenever a Final Report (FR) Negative is submitted by the police in the Court, the Magistrate has to issue notice to the complainant...
Magistrate Cannot Mechanically Order FIR Against Public Servants Without Following S.223 BNSS Safeguards: Rajasthan High Court
The Rajasthan High Court has held that a Magistrate cannot take cognizance of an offence against public servants or direct registration of FIR under Section 175 BNSS without first following the safeguards provided under Section 223 BNSS.For context, Section 223 BNSS lays down the requirement for providing opportunity of being heard to the accused, before the Magistrate takes cognizance....
Rajasthan High Court Weekly Round-Up: May 11 - May 17, 2026
NOMINAL INDEX [Citations 173 - 188]Krishnawtar Nagar & Ors. v Smt. Vimla Devi Nagar; 2026 LiveLaw (Raj) 173Chhoti Devi v State of Rajasthan; 2026 LiveLaw (Raj) 179Kamal Rathore v State of Rajasthan, and other connected matters; 2026 LiveLaw (Raj) 180Shri Jambeshwar Paryavaran And Jeev Raksha Pradesh Sanstha v State of Rajasthan & Ors.; 2026 LiveLaw (Raj) 181Raj Kumar & Ors. v...
Customary 'Nata Marriage' During Subsistence Of First Marriage No Defence To Bigamy Under Hindu Marriage Act: Rajasthan High Court
The Rajasthan High Court has held that customary “Nata Marriage” cannot be accorded legal recognition as a valid defense to the charge of bigamy, since doing so shall render the Hindu Marriage Act, 1955 (“the Act”), meaningless, absurd and virtually repealed owing to judicial tolerance of the custom. For context, Nata Marriage was a custom prevalent in certain communities of...
Rajasthan High Court Halts Construction, Mining In Jawai To Protect Leopard Habitat; Asks State To Consider Declaring Area As Sanctuary
While hearing PIL claiming unregulated tourism and increased "unauthorized construction" in Jawai region causing ecological stress and disturbance to wildlife particularly Indian leopards, Rajasthan High Court has directed that no construction in the region will take place except with court's permission.In March the court had in an interim order prohibited safari activities beyond 6 am to...
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...
