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Category Archive for: ‘Judgments of Supreme Court of India’

SC: PERSONAL LIBERTY INCLUDES RIGHT OF WOMAN TO MAKE REPRODUCTIVE CHOICES

 The woman’s right to make reproductive choices is also a dimension of ‘personal liberty’ as understood under Article 21 of the Constitution of India. It is important to recognize that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman’s right to privacy, dignity and bodily integrity should be respected. This means that there should be no restriction whatsoever on the exercise of reproductive choices such...

SC redefines desertion in matrimonial disputes

SC redefines desertion in matrimonial disputes: The Supreme Court (SC) has ruled that a spouse merely living separately does not amount to desertion. The aggrieved other spouse must prove that the estrangement wasn’t due to ill-treatment meted out by him or her. Under the Hindu Marriage Act, ‘desertion’ is one of the grounds for seeking divorce. SC had, in certain judgments, held that desertion amounts to cruelty. Ravi Kumar of Orissa was granted divorce by a family court. His wife...

Supreme Court says live-in relationships are fine but don’t expect ancestral property

The Supreme Court held that a child born out of a live-in relationship is not entitled to claim inheritance in Hindu ancestral coparcenary property ( in the undivided joint Hindu family) which enable it to only claim a be associated with the parents’ self-acquired property. The Bench set aside a Madras High Court judgment, which held that youngsters born because of live-in relationships were qualified for a share in ancestral property as there was a presumption of marriage because...

DISCUSSION ON IPC 498-A

Misuse of 498-A and need for Amendment – panel discussion of SC judgment on misuse of  498-A and dowry laws by women -IBN7 on MUDDA 21 AUGUST 2010   PART 1/3        PART...

Not all live-in affairs are ‘relationship in the nature of marriage’, says Supreme Court

NOT ALL LIVE-IN AFFARIRS  are  'RELATIONSHIP IN NATURE OF MARRAIGE' -- SUPREME COURT    NEW DELHI: If a man keeps a woman, this relationship will not be in the nature of marriage for her to claim the benefit of live-in to get maintenance under the Protection of Women from Domestic Violence (PWDV) Act, 2005, the Supreme Court has held. A Bench of Justice Markandey Katju and Justice T.S. Thakur pointed out that the Act had used the expression “relationship in the nature of...

SC: EXPLANATION OF LIVE IN RELATIONSHIPS WITH REFERENCE TO DOMESTIC VIOLENCE ACT

  SC  EXPLANATION    OF    LIVE    IN    RELATIONSHIPS  WITH REFERENCE TO PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE   ACT '2005  The Supreme Court in D Veluswamy Vs D Patchaiammal has explained the definition of Live In Relationships with reference to Domestic Violence Act. The Court in its judgement in the mentioned ruled:   SUPREME COURT OF INDIA16.   However, the question has also be to be examined from the point of view of The Protection of Women from...

Can Live in partner claim maintenance under Section 125 CrPC

SUPREME COURT OF INDIA A Bench of Justice G S Singhvi and Justice Ashok Kumar Ganguly requested  the Hon’ble Chief Justice to refer the following, amongst other, questions to be decided by a larger Bench. The questions are: 1. Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to maintenance under Section 125 Cr.P.C? 2....

Rights of women in live-in relations under court lens

Wednesday (06-10-2010): The Supreme Court reserved its verdict on the question whether a woman in a live-in relationship or under the mistaken belief of being the wife of an already married man was entitled to maintenance. The court will also interpret the provision of the Protection of Woman from Domestic Violence law which talks about live-in relationship in the “nature of marriage”. Senior counsel and amicus curiae Jayant Bhushan told the court that at the time of passing the domestic...

Order DNA tests if unavoidable, courts told

The Supreme Court has said that courts should exercise extreme caution in ordering a DNA test to determine the paternity of a child as this could end up damaging his or her reputation. In a matter where the paternity of a child is questioned, the use of DNA test is an extremely delicate and sensitive aspect, said an apex court bench of Justice Aftab Alam and Justice R.M. Lodha. The court said that “sometimes the result of such a scientific test may bastardise an innocent child even...

Supreme Court rules that a woman cannot be prosecuted for cruelty if she is staying with a married man in a live-in relationship

The Supreme Court has ruled that a woman staying with a married man in a live-in relationship cannot be prosecuted for cruelty under section 498-A of Indian Penal Code. A bench comprising Justices Altamas Kabir and A K Patnaik ruled that such a woman can, however, be proceeded under provisions of the Hindu Marriage Act, 1955. The apex court dropped criminal proceedings against appellant Sunita Jha initiated by Asha Rani Pal, wife of Mukund Chandra Pandit of Dumka, Jharkhand, under section...
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