Author name: CiteCase

Can Stipulation Of One Year Period Of Seperation Be Waived For Mutual Consent Divorce ?

January 1, 2023 / By

Section 13B of Hindu Marriage Act talks about two time periods for the couple who intends to present a petition for mutual consent divorce: No petition for divorce to be presented within one year of marriage.—(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for …

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Domestic Violence Complaint After ‘498A’ Acquittal

January 1, 2023 / By

In Chandan Kumar Sahoo vs Putul Sahoo, the Calcutta High Court observed thus: It is well settled that the proceedings under Section 498A IPC and under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are quite different, standing on different footings. A proceeding under Section 12 of the Domestic Violence Act, …

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S 125 CrPC – Maintainence Petition Against Father In Law

January 1, 2023 / By

In Sadashiv vs Vijayalaxmi , a widow filed a petition under Section 125 of Cr.P.C. against her father-in-law for maintenance and the same was allowed by the Family Court. Allowing the appeal, the Karnataka High Court observed that the maintenance petition against the father-in-law is not maintainable. It referred to the following observations made in an earlier decision in …

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S 125 CrPC – Maintenance Petition Filed After Mutual Consent Divorce

January 1, 2023 / By

Is Section 125 CrPC maintenance petition filed after a mutual consent divorce + final settlement maintainable? Section 125(4) provides that no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living …

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Should Arbitrator Be Made A Party In Petitions Under S 34/37 Arbitration Act?

January 1, 2023 / By

Before we come to this query, it is important to read the Supreme Court judgment in Jogendrasinhgji Vikaysinhji vs State Of Gujarat, (2015) 9 SCC 1 especially the following observations: Civil courts, which decide matters, are courts in the strictest sense of the term. Neither the court nor the Presiding Officer defends the order before the superior court it …

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S 482 CrPC – Can Inherent Powers Be Invoked To Quash Domestic Violence Complaint?

January 1, 2023 / By

Can a petition under Section 482 CrPC be filed to quash a Domestic violence complaint ? Madras HC and Bombay HC (Full Bench Judgments) In a judgment delivered last month, the Madras High Court (Full Bench) in Arul Daniel vs Suganya held that a petition under Section 482 Cr.P.C. challenging a proceeding under Section 12 of the …

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Temporary Injunction In Suit For Specific Performance

December 31, 2022 / By

The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong prima­facie case on basis of …

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Anticipatory Bail In SC-ST (Prevention Of Atrocities) Act Cases

December 31, 2022 / By

Section 18 of Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, reads as follows: Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.” One Ram Krishna Balothia challenged the constitutional validity of this …

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S 256 CrPC – Acquittal Of Accused Against Whom A Warrant Is Issued

December 31, 2022 / By

Section 256 of Criminal Procedure Code reads as follows: Non appearance or death of complainant.—(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding …

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