Category: Matrimonial Law

POWERS AND PROCEDURE OF DELHI CAW CELL (CRIME AGAINST WOMEN CELL)

In Delhi (CAW Cell) Crime Against Women Cell was established in 1983, under section 19 of the Delhi Police Act. After receiving a complaint from women, CAW cell examines the alleged offences, provide the assistance in reconciliation and prevents the miscarriage of justice, instead of straightaway registering the FIRs on complaints lodged by women. The first step in the CAW cell process...

SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India Date of Judgement: 06.01.2016 The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him. In...

DELHI HIGH COURT – SECTION 24 OF HINDU MARRIAGE ACT – AD-INTERIM MAINTENANCE – WIFE IS ENTITLED TO SAME STANDARD OF LIVING WHICH SHE WAS ENTITLED TO LIVE ALONG WITH HER HUSBAND

Delhi High Court Date of Judgement: 03.03.2015 Hindu Marriage Act 1955 – Section 24 – Ad-interim maintenance – Quantum of – Respondent (Husband) has filed divorce petition seeking dissolution of marriage on the grounds of cruelty and desertion – Respondent (Husband) has not been truthful in revealing his correct income and it is only a false statement made by respondent that...

SUPREME COURT OF INDIA – MATRIMONIAL DISPUTES – CODE OF CRIMINAL PROCEDURE SECTION 41 – INDIAN PENAL CODE SECTION 498-A AND DOWRY PROHIBITION ACT SECTION 4 – ANTICIPATORY BAIL AGAINST ARREST – PROVISIONS ARE USED AS WEAPONS RATHER THAN TOOL OF LAW

Supreme Court of India Date of Judgement: 02.07.2014 Supreme Court of India-Matrimonial Disputes-Code of Criminal Procedure Section 41 – Indian Penal Code Section 498-A  and Dowry Prohibition Act Section 4- Anticipatory bail against arrest – provisions are used as weapons rather than tool of law – attitude to arrest first and then proceed with the rest is despicable – it has...

SUPREME COURT OF INDIA – WHETHER THE CONSENT ONCE GIVEN IN A PETITION FOR DIVORCE BY MUTUAL CONSENT CAN BE SUBSEQUENTLY WITHDRAWN BY ONE OF THE PARTIES?

Supreme Court of India Date of Judgement: 18.04.2011 The language employed in Section 13B(2) of the Hindu Marriage Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met: The second motion by both the parties...