‘FREE -WILLED’ WIFE MEETING CIVIL SOCIETY WITHOUT FORMING AN ILLEGAL RELATION ISN’T CRUELTY AGAINST HUSBAND: ALLAHABAD HC
Case Name: Mahendra Prasad vs Smt. Bindu Devi
A bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh ruled that a woman going out on her own and meeting people without engaging in an illegal relation would not amount to cruelty. However refusing to cohabit with the husband and denying to keep alive the marital relationship would amount to cruelty against the Husband. These observations allowed a divorce petition on the basis of desertion and cruelty. The court noted that 23 year duration of living away from each other can be considered as desertion and is sufficient for dissolution of marriage.
Source: ALLAHABAD HIGH COURT
MULTIPLE INQUIRIES ON THE SAME ALLEGATIONS AMOUNT TO A VIOLATION OF ARTICLE 21: PUNJAB &HARYANA HIGH COURT
Case Name: Ajay Kumar Vs State of Punjab
In an embezzlement case, Justice Sandeep Moudgil stated that holding multiple inquiries on the same allegations would be violative of Article 21 in which the right to life and Personal liberty are enshrined. The judge also acknowledged bona fide intentions and willingness to cooperate with the investigation process aiding the legal proceedings.
Source: PUNJAB AND HARYANA HIGH COURT
MEDIATED SETTLEMENT ENFORCEABLE ONLY UPON COURT APPROVAL AND ISSUANCE OF DECREE: J&K HIGH COURT
Case Name: Nazir Ahmad Bhat Vs Sehrish Shafi & Ors.
Justice Sanjay Dhar underscoring the mandatory compliance with Mediation and conciliation rules, 2019 said that when a settlement is reached in a mediation process, it must be followed by a written documentation, execution by the parties and signature of parties or legal representatives. Such agreement is only enforceable when the court examines the terms and issues a decree or order for the enforceability of it.
Souce: JAMMU AND KASHMIR HIGH COURT
Also Read- DAILY CURRENT AFFAIRS (04 DECEMBER 2024)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri
