Bombay HC: Wife Staying Abroad For Career Is Not Cruelty Or Desertion
The Bombay High Court has refused to grant divorce to a man who alleged his wife of cruelty and desertion for refusing to join him and live with him in India. The Court held that the wife’s decision to settle in Canada with their son was not unjustified. The decision was given by the Division Bench consisting of Justice Ujjal Bhuyan and Justice Prithviraj Chavan. The case is of ‘Prakashchandra Joshi V. Kuntal Prakashchandra Joshi and Ors’.
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Karnataka HC: Extra Marital Partner Cannot Be Made Party To Domestic Violence Case
The Karnataka High Court has ruled that the husband’s extra marital partner cannot be made a respondent by the wife in an application made by her under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The decision was given by Justice Shreeni was Harish Kumar. It was also stated that as provided in Section 2(q) of the Domestic Violence Act, only the persons who are in the domestic relationship can be made party to the suit.
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Jharkhand HC: SC Verdict Quashing Section 497 IPC Will Apply To Proceedings Before 2018
The Jharkhand High Court has held that the 2018 judgement of the Supreme Court which quashed Section 497 of the Indian Penal code, which dealt with Adultery, would be applicable to pending cases with respect to the offences committed under this section, before the section was struck down. The decision was given by Justice Anubha Rawat Choudhary in the case of ‘August Kumar Mehta V. State of Jharkhand’. In the case of ‘Joseph Shine V. Union of India’, Section 497 IPC had been struck down as unconstitutional.
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Kerala HC: The Substantive Right Remains; Only Judicial Remedy Barred Under Limitation Law
The Kerala High Court held that the Law of limitation did not take away the substantive rights and only judicial remedy had been barred. The rules of limitation did not destroy the rights of the parties. The decision was given by the Division Bench of Justice Alexander Thomas and Justice K Babu. The case was of ‘The Assistant General Manager, State Bank of India V. S Saradamani and Ors.’
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