Madras High Court Weekly Round-Up: January 30 to February 5, 2023

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 34 To 2023 LiveLaw (Mad) 42 NOMINAL INDEX Mohammed Rafi v. State of Tamil Nadu and Others, 2023 LiveLaw (Mad) 34 Jeya Sudha v. Inspector of Police and another, 2023 LiveLaw (Mad) 35 P Amutha v Gunasekaran, 2023 LiveLaw (Mad) 36 Harina v. The Regional Passport Officer and Ors., 2023 LiveLaw (Mad) 37 P Markandan v. The Commissioner HR&CE Department, 2023 LiveLaw (Mad) 38 KC v. UK and others, 2023 LiveLaw (Mad) 39 KC v. UK, 2023 LiveLaw (Mad) 40 M/s. Amirta International Institute of Hotel Management v. The Principal Commissioner of CGST & Central Excise, 2023 LiveLaw (Mad) 41 S v. V, 2023 LiveLaw (Mad) 42 REPORTMuslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like ‘Shariat Council’ Can’t Certify Dissolution Of Marriage: Madras High Court Case Title: Mohammed Rafi v. State of Tamil Nadu and Others Citation: 2023 LiveLaw (Mad) 34 The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula. Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes. The bench noted that even previously, the High Court in Bader Sayeed Vs. Union of India had restrained bodies such as Kazis from issuing certificates dissolving marriages by Khula. [NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State Case Title: Jeya Sudha v. Inspector of Police and another Citation: 2023 LiveLaw (Mad) 35 While noting that there are only seven Special Courts to deal with NDPS cases at present, the Madras High Court suggested setting up of Special Courts covering 100 km radius or a Special Court for every four districts. Justice B Pugalendhi suggested the same after noting that the Investigating officers were finding it difficult to follow up with the cases as they had to continuously travel long distances. The court added that the possibility of designating Additional District Courts as Special Courts to deal with EC/NDPS cases can also be explored. Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court Case Title: P Amutha v Gunasekaran Citation: 2023 LiveLaw (Mad) 36 The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance. Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed, "Lawful claim due to a woman in distress should not be denied heartlessly and lawlessly. The conscience of social justice, the cornerstone of our constitution will be protected. Therefore, I hold that the maintenance allowance granted to wife cannot be considered as a debt and she is not a creditor. Hence, exemption under Section 11 of the Pension Act 1871 as well as the exemption provided in Section 60(1)(g) of Civil Procedure Code, cannot be granted to husband." ‘She Is For All Practical Purposes A Stateless Person’: Madras HC Directs Centre To Consider Issuing Indian Passport To Sri Lankan Refugees’ Daughter Case Title: Harina v. The Regional Passport Officer and Ors. Citation: 2023 LiveLaw (Mad) 37 The Madurai Bench of Madras High Court on Monday directed the Central Government to consider issuing a passport to a woman, whose parents had escaped to India to save themselves from persecution. Justice G. R. Swaminathan, noting that the process of applying for Indian Citizenship by naturalization under Section 6 of the Citizenship Act may not afford immediate relief, permitted the petitioner to submit an application under Section 20 of the Passports Act.Madras High Court Orders Shutdown Of Fake Websites Misleading Devotees, Earning Profit In Name Of Temples Case Title: P Markandan v. The Commissioner HR&CE Department Citation: 2023 LiveLaw (Mad) 38 The Madras High Court has ordered closure of all illegal/unauthorised websites that have been created in the name of temples and which have been collecting funds from the devotees by misleading them. Noting that temples are places of worship which people visit to get eternal peace and harmony, the bench of Justice R Mahadevan and Justice Sathya Narayana Prasad held that temples should not turn into places for gaining profits. Thus, the court held that apart from the official website of the temple, the third parties should not be allowed to maintain websites...

Madras High Court Weekly Round-Up: January 30 to February 5, 2023

Upasana Sajeev

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