The Orissa High Court upheld a Family Court ruling requiring a husband to pay Rs.3,000 monthly maintenance to his wife, who left due to his unfounded character allegations. Justice Satapathy emphasized a woman’s right to dignity and declared that without proof, accusations against her loyalty justify her decision to live separately.
Today, On 8th January, A petition has been filed in the Delhi High Court seeking the removal of a court order from the Indian Kanoon website. The petitioner’s counsel argued that the order, accessible via Google, is harming his client’s reputation as a businessman. The plea emphasizes the impact on the petitioner’s credibility due to the public availability of the order. The court is expected to address concerns related to privacy and public access to legal records.
Today, 11th December, the Supreme Court overturned a Telangana High Court ruling regarding a dowry harassment case against Atul Subhash and his family. It emphasized the misuse of legal provisions to target innocent individuals amidst marital disputes. The ruling followed Atul’s tragic suicide, highlighting the need for careful judicial handling of such sensitive accusations.
Today(11th Sept),The Supreme Court of India, during a matrimonial dispute hearing, highlighted that Section 498A of the IPC and the Domestic Violence Act have become some of the most abused laws in the country. The observation was made by Justice BR Gavai and his Bench, focusing on the misuse of these legal provisions.
The Calcutta High Court addressed the misuse of IPC Section 498A, emphasizing the burden of proof in matrimonial disputes. It highlighted the need for cautious consideration of baseless allegations and the importance of specific, corroborative evidence. The ruling overturned a conviction in a dowry death case, stressing the necessity of concrete evidence to establish guilt.
On Thursday (30th May),The Kerala High Court highlighted concerns over the misuse of legal procedures, notably Section 498A, in matrimonial disputes, cautioning against vengeful motivations behind such actions. Justice A. Badharudeen emphasized the importance of scrutinizing cases to prevent unjust prosecution and uphold principles of justice.
The Supreme Court addressed the misuse of Section 498A, highlighting the replication of this provision in the Bharatiya Nyay Sanhita without ample safeguards for husbands. The bench emphasized refraining from coercive use of law enforcement and urged reevaluation of the provision in light of upcoming implementation. (Word count: 52)
Today (3rd May): The Supreme Court rejected a dowry-harassment case, emphasizing tolerance, adjustment, and respect as foundations of a strong marriage. It cautioned against magnifying trivial issues and stressed the detrimental effects of divorce on children. The court advised against mechanical application of Section 498A of the IPC in matrimonial disputes, urging a balanced and considered approach to such cases.
On Monday(15th April),The Delhi High Court acquitted a man charged under the POCSO Act on 15th April due to prosecution’s inadequacies. The court highlighted the delicate balance of justice in child abuse cases and emphasized enduring stigma for the accused. It also noted flaws in the prosecution’s arguments and potential external influences on the allegations.
