Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

ADULTERY NO LONGER A CRIMINAL OFFENCE: SUPREME COURT, AND STRUCK DOWN SECTION 497 OF IPC

The Supreme Court unanimously struck down Section 497 of the Indian Penal Code, which penalises adultery, saying it was manifestly arbitrary and dents the individuality of women. The Court said that it is time to say that husband is not the master of woman. However, the Court said that adultery can be a ground for divorce but not a criminal offence, and also said that if one of the spouses committed suicide because of the adulterous nature of her/his partner, then the culprit could be proceeded against for the criminal offence of abetting suicide.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER AND SAKSHI NEWSPAPER

Advertisements
Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

SECOND WIFE CAN MAKE USE OF DOMESTIC VIOLENCE ACT BENEFITS: BOMBAY HIGH COURT

The Bombay High Court has ruled that a woman is not legally entitled to be in the wedlock with a man who is already married does not mean she cannot avail of benefits of the Domestic Violence (DV) law, and upheld orders of subordinate courts restraining the stepsons of a woman from evicting her from the house she lived in after the death of her husband. The court noted that the man himself had nominated his second wife to receive his pension benefits which meant that he held her out to the world as his wife. The High Court said that there was no illegality in the order protecting the woman.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

TOI-1.png

Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

UNION CABINET APPROVED ORDINANCE MAKING TRIPLE TALAQ (DIVORCE) AS A PUNISHABLE OFFENCE

The Union Cabinet approved an ordinance making instant triple talaq (divorce) or talaq (divorce)-e-biddat a punishable offence carrying a jail term of up to three years. According to the new amendments in ‘Muslim Women Protection of Rights on Marriage Bill’, the proposed law will remain “non-bailable”, and the accused can approach a magistrate even before trial to seek bail. Under a non-bailable law, bail cannot be granted by police at the police station itself. Another amendment makes it clear that the police would lodge FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage. The third amendment makes the offence of instant triple talaq (divorce) “compoundable”, where a magistrate can use his powers to settle the dispute between a husband and his wife. Under a compoundable offence, both parties have the liberty of withdrawing the case.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER AND NEW INDIAN EXPRESS NEWSPAPER

Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

SUPREME COURT DIRECTED UTTAR PRADESH GOVERNMENT TO ENSURE TREATMENT, AWARD COMPENSATION TO NIKAH HALALA PETITIONER

The Supreme Court ordered security for an acid attack victim, Shabnam, who is also a petitioner in nikah-halala and polygamy case. The court passed the interim order after hearing Shabnam’s petition seeking protection. She was attacked with acid on September 13 at Bulandshahr in Uttar Pradesh. The court ordered the Police of Bulandshahr to ensure Shabnam’s security and said that the official would be held liable for her safety. It also directed the Uttar Pradesh Government to disburse compensation to her under schemes for acid attack victims.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER AND NEW INDIAN EXPRESS NEWSPAPER

Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

SUPREME COURT MODIFIED ITS ORDER ON DOWRY HARASSMENT CASES, RESTORED POWER OF ARREST TO POLICE

The Supreme Court restored the power of the police to arrest the husband and his family members on a complaint of dowry harassment under IPC Section 498A but retained the power of courts to grant anticipatory or regular bail to accused. However, the court called for sensitising the investigating officer so that indiscriminate arrests are not made without application of mind. The bench directed the Director General of Police of each State to ensure that investigating officers who are in charge of investigation of cases of offences under Section 498-A IPC should be imparted rigorous training with regard to the principles stated by this Court relating to arrest.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER AND NEW INDIAN EXPRESS NEWSPAPER

Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

SUPREME COURT SEEKS CENTRE’S RESPONSE ON PARENTING PLAN FOR KIDS OF ESTRANGED COUPLES

The Supreme Court sought the Centre’s response on a petition filed by Child Rights Foundation (CRF) seeking a “joint parenting plan” to reduce the trauma faced by children of divorced couples. The Court issued notice to the Ministry of Law and Justice on the PIL filed by NGO ‘Child Rights Foundation’, seeking setting up of a committee to formulation and implementation of the ‘Parenting Plan’, prepared by the petitioner organisation.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

dc-1

Divorce, Divorce Lawyers, divorce lawyers in hdyerabad, Mutual Divorce, Restitution of Conjugal Rights

NO DOWRY CASE CAN BE FILED AFTER DIVORCE: SUPREME COURT

The Supreme Court has held that the prosecution of a husband and his family members under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act was not sustainable when the complaint is filed by the wife long after their divorce. The court said that the complainant approached with a case that there had been a divorce four years before the filing of the FIR, Section 498A IPC would not be attracted. The court consider it appropriate to quash the prosecution against all the accused.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

dc-1