RANJIT GIRI

=============================== Madhya Pradesh High Court has held that if wife and husband laves the share households to establish their own household, the domestic relationship comes to an end in respect of parents and therefore complaint under DV Act cannot be maintained against them. Domestic Dispute A bench of Justice Awasthi has passed the order in the case titled as Kuldeep Singh Vs. Rekha on 18.06.2019. After the marriage, the wife came to her matrimonial house situated at Gwalior and resided with the family members of her husband. It is stated that in the year 2011 her husband got job at Tresure Island, Indore and in the year 2012 her husband shifted Delhi and they started living there. When they were living at Indore and Delhi, applicant No.2 and 3 came there and demanded Rs.22,000,00/- and harassed her. It is alleged that the applicant No.2 and 3 used to visit at Indore and Delhi and they reiterated the respondent No.1 with regard to dowry. Wife filed a complaint unde...

Sec 148 NI ACT Retrospective Amendment to Section 148 of Negotiable Instruments Act has retrospective application, Supreme Court The Supreme Court yesterday ruled that Section 148 of the Negotiable Instruments Act (NI Act) as amended with effect from September 1, 2018 shall have retrospective operation and will be applicable to complaints which are filed even after September 1, 2018. A Bench of Justice MR Shah and AS Bopanna held that the “submission on behalf of the appellants that amendment in Section 148 of the NI Act shall not be made applicable retrospectively and more particularly with respect to cases/complaints filed prior to 1.9.2018 shall not be applicable has no substance and cannot be accepted” The ruling came in an appeal against a judgment of the Punjab & Haryana High Court. Facts Criminal complaints were filed against the appellants – original accused for the offence under Section 138 of the Negotiable Instruments Act. The said criminal compl...

Section 498A IPC : Recent Supreme Court Judgments 498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter [Rupali Devi vs. State of UP] In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: "Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives of the husband and the wife leaves the matrimonial home and takes shelter in the parental home located at a different place, would the courts situated at the place of the parental home of the wife have jurisdiction to entertain the complaint under Section 498A, in a situation where no overt act of cruelty or harassment is alleged to have been committed by the husband at the parental home where the wife had taken shelter? The bench observed that mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue...

================================== June 19, 2019: Calling your overweight husband “mota haathi” (fat elephant) is grounds for divorce as it is “destructive of the matrimonial bond”, the Delhi high court has ruled . The court on March 22 upheld a divorce granted by a family court in 2012 to a man who said he was subjected to cruelty by his wife for being overweight and his alleged failure to satiate her sexual desires. The woman challenged the order in the high court. “The calling of names and hurling of abuses such as ‘Haathi’, ‘Mota Haathi’ and ‘Mota Elephant’ by the appellant (woman) in respect of her husband – even if he was overweight, is bound to strike at his self respect and self esteem,” justice Vipin Sanghi said. The woman had contended the family court relied on “vague and non-specific” allegations while granting the divorce. She argued he failed to give specific instances of allege...