Astha Blogs

Intentional delay in the court proceeding costs a woman Rs 50,000

Submitted by asandil on Thu, 05/22/2014 - 19:09

A city family court Mumbai has instructed a woman who has an 11-year-old son to pay Rs 50,000 after she filed a petition withdrawing the consent terms agreed upon before a judge in her divorce battle. Allowing the woman's plea to withdraw the terms, the judge, however, observed, "Repatriation from mediation settlement casually is nothing but wastage of time, skill and energy of all concerned and, therefore, warrants saddling of exemplary cost."

Wife’s retaliation can’t be a ground for divorce

Submitted by asandil on Wed, 05/21/2014 - 19:01

Recently, the Gujarat High Court has ruled that retaliation by tortured wife to acts of harassment can’t be considered as the amount to cruelty and the husband cannot be granted divorce on the said ground. It gives a relief to the married woman who was threatened with divorce by her husband. The bench of Chief Justice Bhaskar Bhattacharya and Justice JB Pardiwala gave this verdict recently in the case of a couple who are in their late 60s and the husband wanted to divorce his wife after 30 years of marriage. The court refused to grant divorce to the petitioner husband.

Different aspects of marital rape in India and the legal scenario

Submitted by asandil on Wed, 05/21/2014 - 18:59

Marital Rape refers to unwanted intercourse by a man with his wife acquired by energy, use of power, or physical brutality, or when she is unable to give assent for the sexual act. It is a non-consensual demonstration of rough behaviour by a spouse against the wife in which she is physically and sexually misused.

Get ready to be treated like a criminal if the cheque that you issue gets bounced

Submitted by asandil on Wed, 05/21/2014 - 18:58

Two things will take place in case you issue a cheque to someone and it gets bounced. You will need to pay a penalty. The person whom you have issued the cheque, too, will be punished by the bank where she/he presents the cheque for clearance. What's more, if your cheque towards repayment of a loan bounces, then, in addition to the penalty for the bounced cheque, (charged by both banks), you will also pay late payment charges.

Legal machinery may also witness a drastic change as the new Govt. all set to take charge

Submitted by asandil on Wed, 05/21/2014 - 18:57

As the new Government is all set to get ready to assume responsibility, law officers delegated by the UPA have started putting in their papers. Some senior backers must, nonetheless, sit tight for hearings in some crucial cases in the Supreme Court and Delhi High Court. 3 solicitors-general have sent in their resignations to the law secretary.

Suicidal tendency of wife is no ground of divorce for husband

Submitted by asandil on Sat, 05/17/2014 - 19:21

As per the recent observations and considerations of the court, a man does not suffer from any kind of inhuman treatment if his wife makes efforts to commit suicide, and it cannot be a ground for the husband to seek divorce from her, the court noted while rejecting the plea filed by the man who wanted annulment of their marriage.

Wife’s denial to indulge in sexual act is a cruelty and a solid ground for divorce

Submitted by asandil on Sat, 05/17/2014 - 19:19

Wife’s denial to having sex with husband without any specific reason has been considered as cruelty as well as a solid ground for divorce as per the ruling of Karnataka High Court. The court observed while rejecting a woman’s appeal seeking to set aside a decree of divorce granted by the family court: “The husband can’t be made to suffer for no fault of his and be deprived of his natural urge to enjoy sexual happiness if the wife is unwilling to share the bed and discharge her duties.”

Right to maintenance and the legal provisions

Submitted by asandil on Sat, 05/17/2014 - 19:18

The concept of the nuclear family has come into existence because of globalization and consumerism which has guaranteed the deterioration of the Joint Family system which was pervasive for a few Yugas. The ending of the Joint family has brought about withdrawal of the mutual supportive network which has gone about as a cradle to climate troublesome periods throughout the early period of conjugal life.

Marriage in India is a partnership or ownership? Women rights activists raise the question

Submitted by asandil on Sat, 05/17/2014 - 19:16

In a ruling that was delivered by a New Delhi court this week, it was made clear that a man can’t be convicted of raping his wife just because India’s rape laws do not recognise this type of intriguing situations that should be applied to married couples.