Masterly Concubinage II

“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 […]

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#The377Debate II : 06.09.2018

Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by:  Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]

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A Mensa Et Thoro

Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, ‘a mensa et […]

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The Freedom of a Major Girl

Thushara, when 19, married a man, not yet 21, at the Chakkulathukavu Bagavathi Temple. Her father filed a petition before the High Court of Kerala and was awarded her custody. The Supreme Court recently called a submission ‘neat’: “The High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she […]

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Jactitation of Marriage

Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]

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Video Conferencing in Matrimonial (Cheque) Disputes II (I)

Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] Goel and Lalit JJ observed: “There appears to be need to consider categories of cases which can be partly or entirely concluded ‘online’ without physical presence of the parties by simplifying procedures where seriously disputed questions are not required […]

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Monsters-In-Law III

The Appellant-Husband was treated cruelly by the Respondent-Wife. There were repeated threats of suicide [See, Pankaj Mahajan v. Dimple, (2011) 12 SCC 1]; levelling of disgusting accusations of indecent familiarity with a person outside wedlock [Vijaykumar v. Neela, 2003 (6) SCC 334]. Both are acts of cruelty within the meaning of The Hindu Marriage Act, […]

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Monsters-In-Law II

A ‘domestic violence‘ within the meaning of The Protection of Women from Domestic Violence Act, 2005 is ‘gender neutral‘; physical abuse, verbal abuse, emotional abuse and economic abuse can all be by women against other women. “Even sexual abuse may, in a given fact circumstance, be by one woman on another.” The SC in Hiralal […]

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Right to Reproductive Health

“It is well established that the right to life under Article 21 of the Constitution includes the right to lead a dignified and meaningful life and the right to health is an integral facet of this right. In Subhash Chandra Bose, (1992) 1 SCC 441
 while dealing with the right to health of workers, it […]

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Dispute on Matrimonial Status

“Under Section 7(1), Explanation (b) of The Family Courts Act, 1984 (“Act”) a suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction of the Family Court, since under Section 8 all those jurisdictions covered under Section 7 are excluded […]

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Landmark Judgment on Dowry Deaths

To convict for the offence punishable under Section 304B, the following essentials must be satisfied: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; “Section 304B IPC does not categorize death as homicidal or suicidal or accidental. This is because death caused by […]

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