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Maintenance During the Marriage's Survival A partner is required by Islamic laws to support his spouse and his family, and the word,“maintenance” refers to the amount that he is responsible for. Under Islamic laws, maintenance is referred to as nafaqa, and it includes food, clothing, and accommodation. Despite..

KEY TAKEAWAYS The Punjab and Haryana High Court, in an order dated December 12, 2021, held that the learned Family Court's acceptance of a CD allegedly containing conversations between the husband and wife was secretly recorded without the wife's consent or knowledge and allowing the husband's application ..

ORDER TO EXTEND LIMITATION PERIOD In March, 2020, when the Covid pandemic broke out, the Supreme Court took a Suo moto case to acknowledge the difficulties that the litigants faced in filing the petitions, applications, suits, appeals or any other quasi proceedings. Thus, an ord..

KEY TAKEAWAYS On March 25, 2021, The Medical Termination of Pregnancy (Amendment) Act obtained Presidential Assent which modifies the 1971 enactment by increasing the number of weeks a woman can terminate her pregnancy and establishing certain circumstances in which pregnancy can be terminated at any time. li ..

A Division Bench of Kerala HC, in the case of Sanju Simon and ors. vs. State of Kerala and ors. has held that collection of fees from medical students for the next academic year while the current one is still going on amounts to profiteering. In the instant case, a bunch of petitions were filed before the Court by stud..

In the case of Rinki Kumari @ Anita Kumari vs. Kundan Kumar @ Kundan Kumar Singh, the Hon’ble Jharkhand HC has held that the effective date for the grant of maintenance would be the date on which the application was filed and not the date the judgement was pronounced. The matter arose from a revisional applicatio..

Article 246 and 246A can be exercised simultaneously: Karnataka HC while upholding CGST and Central Excise Duty On Tobacco In the case of M/s V.S.Products vs. Union of India, the Hon’ble Karnataka HC has upheld the notification dated July 6,2019 issued by the GOI by which central excise duty has been levied on t..

Click here for Part 3 41. a href="https://www.lawyersclubindia.com/judiciary/mohammad-salimullah-and-anr-vs-union-of-india-and-ors-right-not..

In the case of M/s V.S.Products vs. Union of India, the Hon’ble Karnataka HC has upheld the notification dated July 6,2019 issued by the GOI by which central excise duty has been levied on tobacco and tobacco products. The petitioners in this case had sought for setting aside the aforesaid notification and for a ..

LR’s Cannot Seek Monetary Relief On Behalf Of Deceased Woman Under DV Act: Bombay HC The Bombay HC, in a recent judgement titled Kanaka Kedar Sapre and anr vs. Kedar Narhar Sapre has observed that an aggrieved person, as defined in section 2(a) of the Protection of Women from Domestic Violence Act must be alive ..

The Allahabad HC has observed in Mahendra Pal Singh Lekhpal and anr vs. State of UP and anr that the proceedings instituted against public servants without obtaining a sanction under 197 CrPC are bad in law and can be quashed by filing an application under 482 CrPC. In the instant case, during a consolidation proceedin..

The Bombay HC, in a recent judgement titled Kanaka Kedar Sapre and anr vs. Kedar Narhar Sapre has observed that an aggrieved person, as defined in section 2(a) of the Protection of Women from Domestic Violence Act must be alive at the time of filing the petition and a legal representative cannot file an application for monetary relief under the Act after her..

The Chhattisgarh HC has granted divorce to a husband whose wife, citing a lack of ‘shubh muhurat’ (auspicious occasion) refused to return to the matrimonial home for 10 years, stating that this amounted to desertion. In the instant case titled Santosh Singh vs. Amita Singh the appellant (husband) and the re..

While ruling clearly on whether a temporary shift of residence can constitute a valid ground for transfer of cases, the Kerala High Court has as recently as on January 3, 2022 in a frank, forthright, final and fitting judgment titled Meria Joseph vs Anoop S Ponnattu in TR.P(C) Nos. 488 of 2021 and connected cases ruled explicitly that shifting from permanent residen..

MTP: Delhi HC Allows Termination At 28 Weeks In a recent case titled Sangeeta Thapa vs Government of NCT of Delhi and ors. the Hon’ble Delhi HC has granted permission to allow a 28 year old woman to terminate her pregnancy. Her gestational period had exceeded 28 weeks. The Court in this case took note of the fac..