Muslim Law – Remarriage with Divorced Husband – Halala – Respondent claimed to have remarried petitioner after prior divorce – Evidence revealed existence of intervening marriage with another man, but no proof of its dissolution was provided – Under Muslim law, remarriage with divorced husband is void unless intervening marriage is consummated and lawfully dissolved (Nikah Halala) – Held: In absence of legal dissolution of intervening marriage, alleged remarriage with petitioner is void and hit by doctrine of Halala – Respondent disqualified from claiming maintenance as wife [Paras 7–10, 14–15]

Maintenance – Section 125 CrPC – Presumption of Marriage – Long Cohabitation – Respondent relied on continuous cohabitation to claim presumption of valid marriage – Held: Presumption of marriage based on cohabitation arises only where no legal impediment exists – Since respondent’s prior marriage with another man was not proved to be dissolved, she remained legally married and could not validly remarry petitioner – No legal status as ‘wife’ – Maintenance under Section 125 CrPC cannot be granted [Paras 13–15]

Burden of Proof – Remarriage – When marriage is denied, burden lies on party asserting it – Respondent failed to prove essential elements of Nikah including presence of witnesses and performance by authorised Khatib – Neither mosque register nor witnesses examined – Evidence held insufficient to establish valid Muslim marriage [Paras 11–12]

Procedure – Summary Nature of Section 125 Proceedings – Evidence Requirement – Court held that despite the summary nature of Section 125 CrPC, basic legal prerequisites for spousal status must be established – Maintenance claim under Section 125 cannot succeed in absence of legal proof of marital status [Para 16]

Remand – Opportunity to Adduce Evidence – Considering impact of maintenance order on marital status, court remanded case for fresh decision – Held: Family Court to allow both parties to adduce further evidence on dissolution of intervening marriage and validity of alleged remarriage – Maintenance order set aside [Para 16]

Decision: Impugned maintenance order set aside – Case remanded to Family Court, Malappuram for fresh disposal – Parties to be given opportunity to adduce further evidence – To be decided within three months.

Judicial Service Examination – Answer Key Dispute – Preliminary Examination – Petitioner secured 58 marks against qualifying mark of 60 – Objected to final key answers to Questions 86 and 98 – Court held Question 98 answer inconsistent as options A and C were accepted, but B (a part of C) was disallowed – Held: Denial of mark for option B unsustainable – Petitioner entitled to 1 mark [Paras 2(iii), 13, 17]

Vicarious Liability – Section 34 IPC – Misapplication in Answer Key – Question 86 asked which section reflects vicarious liability – Final answer was Section 34 IPC – Court held Section 34 deals with common intention and not vicarious liability – Based on Supreme Court ruling in Vasanth alias Girish Akbarasab Sanavale v. State of Karnataka, 2025 SCC OnLine SC 337 – Held: Answer to Question 86 is incorrect – Petitioner entitled to 1 additional mark [Paras 2(v), 14, 17]

Examination Law – Judicial Review of Answer Keys – Though courts usually refrain from evaluating correctness of answers in academic matters, Court held that where questions involve legal reasoning and do not require expert academic insight, interference is permissible – Respondent’s reliance on Ran Vijay Singh, Vikesh Kumar Gupta, and Dr. Praveen Kumar I. Kusubi distinguished as those involved subjective or expert-based evaluations – Held: Legal interpretation of IPC provisions falls within court’s domain [Paras 11–12, 14]

Delay in Filing Objection – Procedural Fairness – Petitioner’s objection to Question 86 raised after prescribed deadline – Court held that delay of less than 48 hours cannot defeat right to fair evaluation – Time limit not statutory – Petitioner’s right to challenge incorrect answer key upheld despite procedural lapse [Para 14]

Relief – Grace Marks Awarded – Court awarded 2 grace marks for two disputed questions – Held: Petitioner to be treated as qualified for main examination – Respondent directed to allow petitioner to pay fees and appear for main written exam on 06.12.2025 and 07.12.2025 – Relief limited to petitioner alone to avoid disturbance of overall selection process [Paras 15, 17]

Decision: Petition allowed – Two marks awarded to petitioner – Respondent directed to permit him to appear for main written examination.

Criminal Law - Anticipatory Bail – Maintainability Before High Court – Concurrent jurisdiction of Sessions Court and High Court – Applicant directly approached High Court without first applying before Sessions Court – Applicant not residing within jurisdiction of Sessions Court where FIR lodged – Held: Petition maintainable under Clause 26(B) of Full Bench decision in Ankit Bharti v. State of U.P. [Paras 2–4]

Freedom of Speech – Social Media Posts – Applicant’s tweets following Pahalgam terror attack criticized Government’s response and Prime Minister’s political rally – FIR alleged tweets incited communal disharmony and defamed the nation – Applicant argued protection under Article 19(1)(a) – Held: Freedom of expression subject to reasonable restrictions – Tweets posted during a sensitive national crisis and widely circulated internationally, including in Pakistan – Cannot claim blanket protection under Article 19(1)(a) [Paras 5–10, 17–18]

Criminal Law – Sedition-like Offences under New Law – Applicant charged under Section 152 of Bharatiya Nyaya Sanhita, 2023 (replacing repealed Section 124A IPC) – Held: Prima facie assessment of charges not permissible at bail stage – Supreme Court has granted liberty to raise all defences at stage of framing of charge – High Court bound by Article 141 not to interfere [Paras 7–10, 20]

Judicial Discipline – Binding Effect of Supreme Court Orders – Applicant’s SLP challenging rejection of writ petition dismissed by Supreme Court with liberty to raise issues at appropriate stage – Held: High Court bound by Supreme Court’s direction and cannot pre-emptively assess merits of FIR or charges [Paras 11–12, 20]

Investigation – Non-Cooperation by Applicant – Despite specific directions by High Court and opportunity given by Investigating Officer, applicant failed to appear and evaded investigation – Police reports indicated frequent change of residence – Held: Applicant’s conduct shows lack of bona fides and disentitles her to discretionary relief of anticipatory bail [Paras 13, 19]

Decision: Anticipatory bail application rejected – Court held it is not a fit case for granting relief under Section 482 BNSS – Applicant at liberty to apply for discharge or raise objections at the stage of framing of charge, as directed by Supreme Court [Para 21]

Criminal Law – Acquittal – Attempt to Murder – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – Appeal Against Acquittal Dismissed – Complainant and wife allegedly assaulted by accused using knife and iron pipes – Injuries confirmed by medical officer but contradictions in witness accounts regarding time, identity, mode of assault, and absence of key eyewitness (son) examined – Prosecution witnesses failed to identify accused properly in FIR – Evidence of independent eyewitness Kantibhai found unreliable due to prior connection with complainant – Doctor’s evidence contradicted claim of indoor treatment and severity of injuries – Investigating Officer admitted no seizure of clothes or FSL report of weapons – No proof of caste identity or use of caste-based slurs – Held: Serious inconsistencies, lack of corroboration, and investigative gaps justify trial court's acquittal – No perversity in trial court’s judgment – Appeal dismissed [Paras 9–11]

Criminal Procedure – Powers of Appellate Court in Acquittal Appeals – Principles Restated – Appellate Court can reappreciate evidence but must exercise caution and respect double presumption of innocence – Acquittal can be reversed only when judgment suffers from perversity, misreading of evidence or leads to manifest miscarriage of justice – Trial court’s view held to be a possible and reasonable one based on evidence – No interference warranted [Paras 7–8]

Decision: Appeal dismissed – Judgment and order of acquittal dated 04.11.1999 in Atrocity Case No. 89 of 1996 confirmed – Bail bonds cancelled – Record and proceedings to be returned to Trial Court

Matrimonial Law - Hindu Marriage Act – Divorce on Ground of Cruelty – Mental Cruelty – Proof and Appreciation of Evidence – Husband sought divorce alleging abnormal and violent behaviour of wife due to alleged psychiatric illness suppressed prior to marriage – Allegations of schizophrenia and violent conduct during honeymoon and matrimonial life – Held: Husband failed to prove that wife was suffering from psychiatric illness prior to marriage – No independent witnesses or documentary evidence adduced – Medical evidence only showed treatment for sleeplessness, restlessness and low mood during pregnancy – Family Court erred in presuming pre-marital mental illness – However, sustained matrimonial discord and conduct amounted to mental cruelty [Paras 11–15, 23–30].

Matrimonial Disputes – False or Failed Criminal Proceedings – Impact on Cruelty – Wife lodged complaints under Section 498-A IPC, DV Act and maintenance proceedings – Husband arrested, remanded, bail rejected and Look Out Circular issued – Criminal case ended in acquittal and no appeal preferred – Held: Repeated criminal litigation and its consequences constituted mental cruelty to husband – Relevant factor while granting divorce [Paras 16, 22, 25–27].

Evidence – Failure to Corroborate Serious Allegations – Allegations of physical violence, threats of suicide and assault on elderly relative not supported by testimony of parents, neighbours or independent witnesses – Mediator also not examined – Court held that uncorroborated serious allegations cannot be accepted mechanically [Paras 13–14, 18–21].

Irretrievable Breakdown of Marriage – Relevance – Though irretrievable breakdown is not a statutory ground for divorce – Court entitled to consider prolonged separation, failed mediation and absence of possibility of reunion as relevant circumstances – Parties living separately since 2012 – Mediation failed – No scope of reconciliation [Paras 32–35].

Maintenance – Minor Child – Enhancement by Appellate Court – Family Court awarded ₹10,00,000/- towards maintenance of minor daughter – Appellate Court found amount inadequate considering child’s age, education, future marriage and financial capacity of father – Respondent had already paid ₹17,00,000/- earlier – Held: Ends of justice require enhancement – Directed payment of ₹80,00,000/- as full and final settlement towards maintenance and alimony for child by deposit in FDR – Wife not entitled to permanent alimony as she is gainfully employed [Paras 36–37].

Decision – Appeal partly allowed – Decree of divorce confirmed – Maintenance for minor child enhanced to ₹80,00,000/- payable within three months – Failure to comply to entitle appellant and child to take legal steps – All pending miscellaneous petitions closed.

Criminal Law – Appeal against Acquittal – Appreciation of Evidence – Prosecution alleged accused abused complainant by caste and assaulted him – Held: There were material contradictions in the testimonies of the complainant and eye-witnesses regarding the presence of accused and the weapon used. The FIR did not name the first accused. Prosecution failed to prove the case beyond reasonable doubt. Acquittal upheld. [Paras 8.1-8.3, 10]

Criminal Law – SC/ST (Prevention of Atrocities) Act – Section 3(1)(10) – Insult/Intimidation – Held: Every insult or intimidation does not amount to an offence under the Atrocities Act unless it is directed at the victim because they are a member of a Scheduled Caste or Tribe. Mere utterance of indecent words without the specific intent related to caste does not constitute the offence. [Para 8.4-8.5]

Decision: Appeal dismissed. Acquittal confirmed. [Para 18]

Criminal Law – Anticipatory Bail – Corruption/Misappropriation of Public Funds – MGNREGA Scheme – Petitioners (vendors) accused of conspiring with officials to divert funds meant for chicken coops, wells, and cattle sheds by falsifying records – Total misappropriation approx. Rs. 2 Crores – Held: In serious offences involving corruption and misappropriation of public funds, anticipatory bail is granted only in exceptional circumstances. Custodial interrogation is necessary to trace the money trail and recover misappropriated amounts. Granting pre-arrest bail would hamper the investigation. [Paras 33-34]

Criminal Law – Re-transfer of Misappropriated Money – Effect on Bail – One accused argued he re-transferred money to the prime accused, showing bonafides – Held: Re-transferring money to the prime accused indicates continuation of the conspiracy and sharing of proceeds, rather than innocence. It is an aggravating factor. [Para 31]

Decision: Bail applications dismissed. Petitioners directed to surrender. [Para 35]

Taxation Law - International Taxation – Service Permanent Establishment (PE) – Calculation of Threshold Period – Article 5(6)(a) of India-Singapore DTAA – Assessee, a Singapore legal firm, had employees present in India for 120 days – Assessee claimed exclusion of vacation days (36), business development days (35), and common days (5) – Held: To constitute a Service PE, services must be "furnished within" the contracting state. Vacation days where no work is performed, and business development days where no billable services are rendered to clients, must be excluded from the threshold calculation. Excluding these, the period was 84 days, falling below the 90-day threshold. No Service PE constituted. [Paras 38-40]

International Taxation – Virtual Service PE – Interpretation of Treaty – Revenue argued for "Virtual Service PE" due to remote services provided from outside India – Held: The concept of "Virtual Service PE" is not expressly provided in the India-Singapore DTAA. Article 5(6) requires services to be furnished "within" India "through employees present". Courts cannot read new concepts into the treaty which are not explicitly included. Until the treaty is renegotiated to include virtual services, existing provisions must be strictly interpreted. [Paras 42-46, 49]

Decision: Appeals dismissed. Questions of law answered in favour of the Assessee. [Para 62]

Constitutional Law – Writ of Quo Warranto – Disqualification of Member of Parliament – Effect of Stay of Conviction – Petitioner sought Quo Warranto against Respondent No. 1 (Rahul Gandhi) on the ground of disqualification under Article 102 r/w Section 8(3) of the RP Act due to conviction in a defamation case – Held: Once the conviction is stayed by the Appellate Court (Supreme Court in this case), the disqualification arising out of such conviction ceases to operate from the date of the stay order. The conviction becomes non-operative, and the bar under Section 8(3) does not apply during the pendency of the appeal. – Writ Petition dismissed. [Paras 13, 16-17]

Election Law – Disqualification upon Conviction – Distinction between Stay of Sentence and Stay of Conviction – Held: There is a fundamental distinction between the stay of execution of sentence and the stay of conviction. Mere stay of sentence/bail does not wipe out the disqualification. However, when the conviction itself is stayed by the High Court or Supreme Court under Section 389 CrPC or inherent powers, the disqualification is kept in abeyance and the individual is not debarred from holding public office. [Para 13]

Decision: The writ petition is dismissed. [Para 20]