Updates - 12th to 15th June 2022
- Krishnapriya Sreekumar
- Jun 16, 2022
- 4 min read
Updated: Jun 18, 2022
Image Credits: © Vladstudioraw
12th June 2022
Bombay HC: Even distant relatives can be booked under Section 498A IPC
The Bombay High Court refused to quash an FIR lodged against the distant relatives of a man in a 498A case observing that even relatives residing in distant places may harass the wife. The High Court rejected the argument that merely because the woman's in-laws were not residing with the couple, cruelty and harassment cannot be alleged against them.
The Bench, consisting of Justices Sunil B. Shukre and G.A Sanap observed that "there is no presumption in law that a relative living at a distance is always innocent unless proved otherwise. A relative staying away from the husband and wife can and has been seen in many cases meddling in the affairs of the married couple and that too of such a nature and to such an extent, as to amount to real harassment"
[Rajesh Himmat Pundakar v. State of Maharashtra, Criminal Application (APL) No. 233 of 2022]
12th June 2022
Allahabad HC: No Desertion/Cruelty if wife visits parent's house without husband's consent
The Allahabad HC observed that a wife frequently visiting her parent's house without the consent of her husband and other family members can neither amount to cruelty nor desertion.
The Bench of Justices Sunita Agarwal and Krishnan Pahal observed the same whilst allowing an appeal by the wife challenging the judgment passed by the Additional Principal Judge of the Family Court in Bareilly wherein divorce was granted in favour of the husband under Section 13 of the Hindu Marriage Act.
[Mohit Preet Kapoor v. Sumit Kapoor, FA No. 351 of 2020]
14th June 2022
Allahabad HC: Misuse of Section 498A affecting the institution of marriage
The Allahabad HC recently stated that misuse of Section 498A of the Indian Penal Code, 1860 is affecting the institution of marriage in addition to their observation that live-in relationships are replacing traditional marriages to free oneself of legal baggage.
The Single-Judge bench of Justice Rahul Chaturvedi held that live-in relationships have silently snuck into the socio-cultural ethos and such is a fact that one must accept.
The Hon'ble Judge stated: "In the metro cities, the doctrine of 'live-in relationship' has silently sneaked into our socio-cultural ethos by replacing our traditional marriages by its new modern abrasion in the name of 'live-in relationship'. This is a ground reality and one has to accept it willy-nilly which is nowhere similar to our traditional marriage... The traditional fragrance of our age-old institution of marriage would completely evaporate over a period of time if such gross and unmindful misuse of section 498-A IPC would keep on pasted rampantly"
[Mukesh Bandal v. State of UP, Criminal Revision No. 1126 of 2022]
14th June 2022
Bombay HC: Victim can seek enhancement of accused's sentence by filing revision petition
The Bombay HC held that a victim can seek the enhancement of his/her offender's sentence through the filing of a revision application under Section 401 of the Code of Criminal Procedure (CrPC) as opposed to an appeal against the trial court's judgment.
The Division Bench of Justice Sadhana S and Justice Milind N Jadhav held that a victim may prefer an appeal under Section 372 of the CrPC only in three circumstances:
Against the acquittal of the accused
When the accused is convicted for a lesser offence
Inadequate compensation is awarded to the victim
[Anand Singh v. State of Maharashtra, Criminal Appeal No. 669 of 2015]
14th June 2022
Karnataka HC: Stridhan cannot be retained by the husband's family after annulment of marriage
Recently, the Karnataka HC held that the family of the husband cannot retain a woman's articles after their marriage has been annulled.
The Single Bench of Justice M Nagaprasanna reduced to quash criminal proceedings initiated by the de facto complainant against her ex-husband, the petitioner, under Section 406 of the Indian Penal Code.
The Hon'ble Justice observed: "Annulment of marriage cannot mean that all articles that the respondent carried to the matrimonial house can be retained by the family of the husband". Accordingly, the petition filed under Section 482 of the Code of Criminal Procedure was dismissed.
[Ganesh Prasad Hegde & Ors. v. Sureksha Shetty, Criminal Petition No. 4544 of 2018]
15th June 2022
Plea filed in SC seeking stringent population control law
Recently, a plea was filed before the Supreme Court by Devkinandan Thakur stating an overwhelming need to control the population explosion in the country to secure the basic rights of the citizens. The plea sought a direction from the Apex Court to the government to "ascertain the feasibility" of enacting a "stringent population control law".
The petitioner highlighted citizens' fundamental rights to peaceful sleep, right to clean air, water and food, and right to health and shelter among others. "The impact that repeated child-bearing has on women is seldom highlighted outside niche areas".
15th June 2022
Punjab and Haryana HC: Can presume breakdown of marriage if long separation is followed by divorce plea
The P&H HC observed that once parties have been living separately for a prolonged period of time, subsequent to which one of them filed a petition for divorce, it can be well presumed that the marriage has broken down.
The Division Bench of Justices Ritu Bahri and Ashok Kumar Verma held "The consequences of preservation in the law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties"
[Som Dutt v. Babita Rani]
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