sahodar

While dismissing a criminal case initiated by a wife against her husband under Section 498A IPC, the Supreme Court has urged the Legislature to contemplate necessary revisions in Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, prior to the enforcement of the new provisions. The Court highlighted that the Legislature had not given …

Supreme Court Calls for Parliamentary Amendments to Sections 85 and 86 of Bharatiya Nyaya Sanhita to Prevent Misuse of Section 498A IPC Before Implementation Read More »

Noting the absence of recognition for ‘Marital rape’ as an offense in India, the Madhya Pradesh High Court has stated that any sexual activity, including unnatural intercourse by a husband with his wife, will not constitute rape as the wife’s consent is deemed irrelevant in such scenarios. Justice Gurpal Singh Ahluwalia, presiding over a bench, …

MP High Court: Husband’s Non-consensual Sexual Act with Wife Not Deemed Rape, Woman’s Consent Irrelevant Read More »

Noting a recent upsurge in matrimonial disputes driven by contentious and malicious motives, leading to a significant backlog in the courts, the Punjab & Haryana High Court has established guiding principles for the application of Section 340 Cr.P.C. in such cases. In a separate ruling, the High Court overturned a Family Court’s decision to pursue …

P&H High Court Issues Directives on Utilizing Section 340 CrPC in Matrimonial Disputes Read More »

In a recent judgment, the Supreme Court provided clarity on the legal prerequisites and significance of Hindu marriages as outlined in the Hindu Marriage Act of 1955. Highlighting the necessity underlined by the Court, a Hindu marriage must adhere to the prescribed rituals and customs, including but not limited to the saptapadi, with proof of …

Supreme Court Rules Hindu Marriages Invalid Without Proper Ceremonies; Registration Alone Not Sufficient Read More »

The Court noted that a settlement had apparently been entered into between the parties and even if the Court is not accepting the same, the financial transactions would have to be given weightage. On Monday, the Supreme Court took the decision to suspend the sentence of a man accused of engaging in non-consensual, unnatural relations …

Supreme Court Approves Bail for Man Accused of Engaging in Non-Consensual, Unnatural Intimacy with Wife Read More »

The Delhi High Court has clarified the inheritance rights of Hindu widows who receive a life estate from their late husbands “In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands—who may predecease them—is an essential safeguard for their financial security during …

A Hindu Woman Without Personal Income Is Entitled to Life Estate from Deceased Husband, but Doesn’t Possess ‘Absolute Rights’, Rules Delhi High Court Read More »

The Supreme Court affirmed the summoning of a wife in a ‘cheating’ complaint initiated by her husband. The Court granted the husband’s appeal challenging the Madhya Pradesh High Court’s decision, which upheld the Sessions Court’s ruling to annul the summoning order issued by the Trial Court under Section 420 of the Indian Penal Code (IPC) …

SC Validates Summons for Wife in ‘Cheating’ Complaint Filed by Husband, Establishing Prima Facie Case Read More »

In a recent case, the Supreme Court reiterated a fundamental principle regarding streedhan, the property gifted to a woman during her marriage. The court emphasized that husbands have no legal authority over their wives’ streedhan and are morally obligated to ensure its safekeeping and return it to their wives when required. The case involved a …

Supreme Court Rules Man Has No Authority Over Wife’s Streedhan Read More »