Double Toll Charge for Non-FASTag Vehicles Is Not a Penalty: Bombay High Court Upholds Policy Courts Must Balance Liberty With Expediency—Repeated Absence Alone Cannot Justify Arrest When Trial Can Proceed Without Accused: Madras High Court Recalls NBW, Slams Routine Rejections by Special NIA Court Quarrel Over Money Is Not Abetment—Prosecution Cannot Proceed on Suspicion Alone: Orissa High Court Quashes Charges Under Sections 498A and 306 IPC Magistrate Not Bound by Police Report — Can Add or Subtract Offences at Cognizance Stage: Allahabad High Court Clarifies Scope of Section 190(1)(b) CrPC Courts Must Convict Only When Allegation Is Proven Beyond Reasonable Doubt: Delhi High Court Acquits Rape Accused Over Delayed, Contradictory Testimony A GPA Holder Cannot Claim Eviction Under Senior Citizens Act Without Legal Ownership: Punjab & Haryana High Court Sets Aside Eviction Order Against Daughter When Substantial Justice and Technicality Collide, It Is Justice That Must Prevail: Punjab & Haryana High Court Orders Appointment of Judicial Service Candidate To Modify an Arbitral Award Under Section 34 Is to Cross the Lakshman Rekha: Karnataka HC Reiterates Supreme Court’s Warning on Judicial Overreach in Arbitration Simply because an accused is not cooperating with the investigation, this Court cannot deny bail” — Kerala High Court in Rs. 24 Crore Cooperative Society Fraud Case Pre-Deposit Condition Under SARFAESI Can't Apply to Procedural Appeals: Supreme Court Sets Aside Bombay High Court Order, Clarifies Scope of Section 18

"MATRIMONIAL & FAMILY LAW" Digest

Criminal Law – Conviction Under Section 498-A IPC Without Specific Charge – Conviction Set Aside – The appellants were initially charged under Section 306 IPC for abetment of suicide but were acquitted of that charge – However, the trial court convicted them under Section 498-A IPC despite the absence of a specific charge – Held: Section 498-A IPC is not a lesser offe...

Matrimonial Law - Interim Maintenance – Financial Independence of Wife – Rejection Justified – The petitioner, a highly qualified woman with a Master’s degree in International Business from the University of Wollongong, Australia, sought interim maintenance under Section 125 of the CrPC – The Family Court denied maintenance, citing her previous employment history, Lin...

Criminal Law - Extradition Proceedings in Matrimonial Dispute – Non-appearance in Quasi-Criminal Proceedings – Section 26 of the Domestic Violence Act – Extradition Order Set Aside – The appellant’s passport was impounded due to multiple cases filed by the respondent – The Trial Court ordered the initiation of extradition proceedings against him due to his failu...

Civil Law - Negative Declaratory Relief – Suit for Declaration of Non-Marital Status – Maintainability – Section 34 of the Specific Relief Act, 1963 – Defendant contended that a suit seeking a declaration that no marriage exists is barred under Section 34 – Court held that a suit for declaration of legal status is maintainable under Section 9 CPC, irrespective of the ...

Matrimonial Law - Transfer of Divorce Proceedings – Settlement During Mediation – Article 142 of the Constitution of India – Transfer Petition Disposed - The petitioner-husband sought transfer of the divorce petition filed by the respondent-wife from Family Court, Bandra, Mumbai, to Family Court, Karkardooma, Delhi – During pendency of the petition, mediation led to a mutua...

Matrimonial Law - Divorce – Amicable Settlement – Invocation of Article 142 of the Constitution – Decree of Divorce by Mutual Consent - The Family Court granted divorce to the respondent-husband on the ground of cruelty—The High Court upheld the decree—During the appeal before the Supreme Court, the parties opted for mediation and reached a Final Settlement Agreement&...

Family Law – Divorce Petition – Territorial Jurisdiction – Section 19 of the Hindu Marriage Act – The wife objected to the jurisdiction of the Family Court, Cuttack, stating that the couple last resided together in June 2017, whereas the husband filed for divorce in February 2019 when he was no longer residing in Cuttack – Held: The plea of lack of jurisdiction must b...

Divorce on Grounds of Cruelty – Denial of Education – Section 13(1)(ia) of the Hindu Marriage Act – Wife alleged that she was subjected to mental and physical cruelty, including coercion to discontinue her education and demand for dowry – Husband denied allegations and contended that he supported her studies – Trial court ruled in favor of husband, holding that cruelt...

Custody of Child – Jurisdiction of Family Court – Section 26 of the Hindu Marriage Act – The petitioners argued that once custody was granted to the mother in a divorce decree, the Family Court had no jurisdiction to entertain a fresh application under Section 11 of the Guardian and Wards Act – High Court held that Section 26 of the Hindu Marriage Act allows modification of...

Matrimonial Law – Divorce on Grounds of Cruelty – Whether Justified – The Family Court granted a decree of divorce in favour of the husband citing cruelty—Wife challenged the decision, arguing that there was no cruelty on her part and that she suffered harassment due to infertility—Held: Medical records and testimony of PW2 (Doctor) confirmed that the wife had a pre-e...