1. 125 CrPC cannot be filed twice, only 127 CrPC is allowed. (High Court Gujrat), Bench Hbl J. M. R. Shah, Order on 30-08-2011, Cr RA/69/2011 8/8, Revision Appeal No. 69 of 2011, Chauhan Anjanaben Jayantibhai Vs Chauhan Kanaiyalal Mohanlal.(Chauhan vs Chauhan) 2. No Multiple maintenances are allowed. (High Court Gujrat), Bench Hbl J. AkhilContinue reading “Some most important Judgments related to 125 Cr.P.C.”
Monthly Archives: October 2020
Whether the court can convict wife for defamatory pleadings made by her against the husband in matrimonial proceeding?
Background of the case :- (1) The husband H.N. Nagaraja Rao, had instituted a matrimonial case against his wife in the Family Court at Bengaluru, seeking Restitution of Conjugal Rights under section 9 of the Hindu Marriage Act. In that case, the accused (wife) filed her statement of objections wherein she had made certain defamatoryContinue reading “Whether the court can convict wife for defamatory pleadings made by her against the husband in matrimonial proceeding?”
What type of counter claim can be filed in matrimonial proceeding?
HIGH COURT OF BOMBAY. Ruchi Vs. Bhanupratapsingh Gour ## Heard Counsel for the parties and perused the record. The only question that arises for consideration in this Writ Petition is, as to whether the Family Court was justified in relying upon Order VIII Rule 6-A of the CPC, to hold that the petitioner was notContinue reading “What type of counter claim can be filed in matrimonial proceeding?”
GAG ORDER
GAG ORDER What is a gag order? ## If the judge does not want people involved in your case to speak publicly about the case, they can issue a gag order. A gag order stops everyone involved in your trial from talking to the public about the trial until your case is over. ✓Why wouldContinue reading “GAG ORDER”
Proceedings under Protection of Women from Domestic Violence Act, 2005, are of the quasi civil nature and in such proceeding, the Court would have power to allow amendment in an application and written statement.
️BomHC: Proceedings under Protection of Women from Domestic Violence Act, 2005, are of the quasi civil nature and in such proceeding, the Court would have power to allow amendment in an application and written statement. _Amedment under Domestic Violence Act – It is clear that the provisions of the Protection of Women from Domestic ViolenceContinue reading “Proceedings under Protection of Women from Domestic Violence Act, 2005, are of the quasi civil nature and in such proceeding, the Court would have power to allow amendment in an application and written statement.”
In any application under S.12 or S.23(2) of the Domestic Violence Act notwithstanding the procedure prescribed under sub-section (1) of S.28 it is within the power of court to lay down its own procedure for its disposal. Certainly that power includes the power for amendment also
KerHC: In any application under S.12 or S.23(2) of the Domestic Violence Act notwithstanding the procedure prescribed under sub-section (1) of S.28 it is within the power of court to lay down its own procedure for its disposal. Certainly that power includes the power for amendment also _Amedment of Complaint under Domestic Violence Act –Continue reading “In any application under S.12 or S.23(2) of the Domestic Violence Act notwithstanding the procedure prescribed under sub-section (1) of S.28 it is within the power of court to lay down its own procedure for its disposal. Certainly that power includes the power for amendment also”
Whether wife can execute order passed in her favour under S 12 of Domestic violence Act after her divorce?
HIGH COURT OF CALCUTTA. Krishnendu Das Thakur v. State of West of Bengal and Another. Citation: 2019 SCC OnLine Cal 969 ## Moreover, our law recognises the right of a divorced wife to get maintenance till her remarriage. This Act of 2005 provides additional rights and remedies to the aggrieved person. If the contention ofContinue reading “Whether wife can execute order passed in her favour under S 12 of Domestic violence Act after her divorce?”
Whether unemployed husband is bound to give maintenance to wife in domestic violence proceeding?
HIGH COURT OF DELHI. Sanjay Bhardwaj Vs. The State and Ors A perusal of Domestic Violence Act shows that Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws. While, the ActContinue reading “Whether unemployed husband is bound to give maintenance to wife in domestic violence proceeding?”
Alimony in divorce cases has to be fixed upon cogent evidence and not on ad hoc findings.
PATNA HIGH COURT. Reena Devi Vs. Rohit Bishnoi AND Rohit Bishnoi Vs. Reena Devi. The Family Court, upon consideration of the entire matter, granted the decree for dissolution of marriage by decree of divorce. The two appeals that have been filed is against the part of the judgment, where by and while granting the decreeContinue reading “Alimony in divorce cases has to be fixed upon cogent evidence and not on ad hoc findings.”
POCSO, rape conviction set aside – SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (2012 ), 376 IPC
⭐ _Penal Code 1860 S. 376 conviction for offence u s 4. of POCSO Act and S. 376 of INDIAN PENAL CODE, legality – case of prosecutrix that appellant and his five friends committed rape on her by taking her to Mundiya small hill rock of village prosecutrix was having love affair with appellant asContinue reading “POCSO, rape conviction set aside – SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (2012 ), 376 IPC”
Navneet Sahu 