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Showing posts with the label Women And Law

Supreme Court Holds That Financial Dominance in Matrimonial Discord Does Not Constitute Cruelty Under IPC Section 498A

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Case Title and Bench The Supreme Court, in a recent judgment delivered by a bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan, held that the financial dominance of a husband over his estranged wife, in the context of a strained marital relationship, does not by itself amount to cruelty so as to attract prosecution under Section 498A of the Indian Penal Code.

Father Cannot Avoid Maintenance Duty Even if Mother Earns More: Delhi High Court Reaffirms Shared Parental Responsibility

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Case Background — Separation, Abuse Allegations and Maintenance Proceedings The case arose out of matrimonial conflict between a couple married in January 2014, who had three minor children — two daughters and a son. Following allegations of physical, emotional and economic abuse, the wife separated and initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 seeking maintenance for the children. In December 2023, the trial court directed the father to pay ₹30,000 per month as maintenance toward the three minor children until: the domestic violence case concluded, or the children attained majority. The father challenged the order before the Sessions Court, which dismissed his appeal in March 2024. He then approached the Delhi High Court, asserting financial incapacity and inequity in the award. Husband’s Argument — Wife Earns More, Maintenance Burden Should Be Reduced Before the High Court, the husband argued that: his monthly income was only ₹9,000 , his ...

Udaipur IT Staffer Rape Case: Dashcam Footage, Missing Articles, and Custodial Interrogation — A Legal & Constitutional Analysis

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Background of the Incident The Udaipur incident involves the alleged gangrape of a female manager employed at a private IT firm. The assault reportedly took place on the night of December 20 after a birthday party organised by the company’s CEO. The survivor was allegedly drugged inside a moving car and later regained consciousness with visible injuries on her body. The police confirmed that: • The survivor’s medical examination indicated sexual assault and bodily injuries • The car dashcam allegedly recorded the incident and conversations between the accused • Certain personal belongings such as jewellery, socks, and undergarments were reported missing The case is currently being investigated under the supervision of Additional SP Madhuri Verma . Arrests and Custody of the Accused Three individuals have been arrested: CEO of the IT firm A female executive head of the company Her husband (resident of Meerut, Uttar Pradesh) They were produced before court and remanded to four-day polic...

Review of Section 6 of the Hindu Succession Act, 2005: Karnataka High Court Flags Drafting Gap Affecting Rights of Widows and Mothers

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Background of the Case The Karnataka High Court has urged the Union Government to review the amended Section 6 of the Hindu Succession Act, 1956 , as modified by the Hindu Succession (Amendment) Act, 2005. The Court observed that while the amendment rightly strengthened the inheritance rights of daughters in coparcenary property, it has inadvertently created ambiguity regarding the inheritance position of widows and mothers , who were previously explicitly protected under the unamended provision. The decision was delivered by a Division Bench comprising Justice R. Devdas and Justice B. Muralidhara Pai . Issue Highlighted by the High Court The Court noted that: The unamended Section 6 expressly recognised widows and mothers at the stage of a notional partition . Their entitlement to a share in ancestral property was clearly protected. However, the amended Section 6 (post-2005) gives equal coparcenary rights to daughters, but does not explicitly refer to: • widows • mothers • widows of...

Calling Failed Relationships Rape Trivialises the Offence: Supreme Court

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The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...