The question had been floating for a while. It was January 1, 2019 when I wondered who amongst then Chief Justices of HCs, if elevated, could be our 51st CJI. January 18, 2019 – we finally received an answer. CJI No. 51 would be Hon’ble Justice Sanjiv Khanna who wasn’t ever a Chief Justice of […]Read more "The Nature of Judicial Power: Article No. 1101"
“Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. When the parties live together as husband and wife, there is a presumption that they are legally married couple for […]Read more "Masterly Concubinage II"
Siddaling prolonged an ‘illicit relationship’, all while he was freshly married. In an agreement before a Panchayat, Siddaling agreed to change. He never did. A ‘psychological imbalance’ for the wife led her to commit suicide. Siddaling stood convicted under Section 498A and 306 and was sentenced to undergo imprisonment for 2 yrs. and 5 yrs. […]Read more "Alienation of Affection IV"
The Yajnavalkya Smriti classifies concubines into two types: (1) Avaruddha and (2) Bhujasya. An Avaruddha Stree operates under an injunction to stay at the master’s home whereas a Bhujasya is not kept in the house but elsewhere. There is some protection for an Avaruddha Stree in modern India. There is a presumption in favor of […]Read more "Masterly Concubinage I"
It is increasingly evident that the mere fact of an “illicit affair” is not “cruelty” within the meaning of the first limb of Section 498A of The Indian Penal Code, 1860. While discussing Alienation of Affection Tort Actions, I had mentioned Pinakin Rawal v. State of Gujarat, (2013) 10 SCC 48, a lesser known Judgment […]Read more "Alienation of Affection III"
In 1993, when admittedly Boris Becker was not entirely focused on Tennis, a German Magazine, STERN, published an article with a picture of Boris Becker posing nude with his dark-skinned fiancée. Sports World and Anandabazar Patrika, in India, reproduced the article and the photograph. Someone in the capacity of an “experienced Advocate and an elderly person” stood his ground on […]Read more "Boris and Barbara"
Within the meaning of The Protection of Women from Domestic Violence Act, 2005 it must be established at the very outset that the “aggrieved person”, the woman, shares a “domestic relationship”. Section 2(f), which defines a “domestic relationship”, includes within its ambit live-in relationships. Live-in relationships may very well be a “relationship in the nature […]Read more "Alienation of Affection II"
Love triangles in a marriage can cut both ways. The ‘woh‘ can be a man too. The incident of Naval Officer K.M. Nanavati gunning down his wife’s paramour, in the late ’50s, has not been forgotten. Truth be told, it is beyond doubt, a man and a woman are both equally likely to wander, and […]Read more "The Tandoor Murder"
In some states of the United States of America, perhaps seven in all, a wife can sue “the other woman” for her wrongful and malicious acts in an ‘alienation of affection’ tort action. Though not much jurisprudential thought has been afforded to such actions in India, Hon’ble Supreme Court of India in the matter of […]Read more "Alienation of Affection I"