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MARRIAGE: Dowry Cases: SC Modifies Order, Restores Police Power to Arrest Accused; Panels of wives, retirees, volunteers will not evaluate dowry complaint filed by a married woman under 498-A: SC …

Dowry Cases: SC Modifies Order, Restores Police Power to Arrest Accused
Panels of wives, retirees, volunteers will not evaluate dowry complaint filed by a married woman under 498-A: SC
SC says second marriage is valid even if plea against divorce is pending
Kids from second marriage have no direct right to joint property: Bombay High Court
Marital Rape: Marriage Doesn’t Mean Wife Always Ready For Sex, Says Delhi High Court
More …

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ANTI-DOWRY LAW

Anti-Dowry LawDowry Cases: SC Modifies Order, Restores Police Power to Arrest Accused

Theindianawaaz.com
15/09/2018
The Supreme Court on Friday restored the police power to act on complaints of dowry harassment under Section 498A of the Indian Penal Code (IPC).
The court, however, upheld the right of the husband or in-laws to seek bail — whether regular or anticipatory. It also asked the police to not arrest anybody on a whim. …..

Panels of wives, retirees, volunteers will not evaluate dowry complaint filed by a married woman under 498-A: SC

Thehindu.com
September 14, 2018
The apex court, while modifying the verdict given by a two-judge Bench last year, restores to the police their power to immediately register an FIR and act on a dowry harassment complaint filed by a married woman.
The Supreme Court on Friday modified its July 2017 order, which roped in retirees, wives of “working officers” and social workers to sift genuine complaints of dowry harassment from the frivolous ones. …..

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Second Marriage: Judgments regarding validity of second marriage and right of the children from the second marriage to joint property

SC says second marriage is valid even if plea against divorce is pending

Dnaindia.com
Aug 26, 2018
The Supreme Court has clarified that the second marriage would not be void if solemnized during the pendency of the divorce appeal.
The “incapacity to marriage” as mentioned under the Hindu Marriage Act would not lead to nullity of second marriage, reported Deccan Herald citing SC verdict. …

Kids from second marriage have no direct right to joint property: Bombay High Court

Dnaindia.com
Jul 31, 2018
The Bombay High Court on Monday, came to the aid of two daughters, who along with their mother were thrown out of their house by the father. He even tried to pass on their share of the ancestral joint family property to his two sons born out of a void marriage (second marriage). The court granted them equal rights in the ancestral property. …

Marital Rape: Marriage Doesn’t Mean Wife Always Ready For Sex, Says Delhi High Court

India.com
July 17, 2018
New Delhi, Jul 17: Hearing pleas seeking to make marital rape an offence and others opposing it, the Delhi High Court on Tuesday observed that marriage does not mean that a woman is always consenting for physical relations with her husband. The court also observed that physical force is not necessary for constituting the offence of rape.  The court has fixed next date of hearing on August 8. …

Gavel
(Representative Photo)

Forced marriage: Supreme Court lets minister’s daughter cut ties with parents and husband

Timesofindia.indiatimes.com
May 8, 2018
NEW DELHI: Giving primacy to free will, the Supreme Court on Monday allowed an influential Karnataka politician’s daughter to break free from matrimonial and parental ties and live her life the way she chose to. The 26-year-old woman had fled home complaining that she was forced to get married against her wish. …

Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons]
Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons] [Representational Image]

Marriages in Different Cultures and Religions

Photogallery.indiatimes.com
Apr 2, 2018
Marriages in Different Cultures and Religions
Sweden: Marriages in Sweden have a unique tradition. According to the traditions, if the bride or groom leaves their table to use the bathroom, the other gets kissed. …

Nobody should interfere if 2 adults want marriage, SC on ‘honour’ killing

Deccanchronicle.com
Feb 5, 2018
New Delhi: As ‘honour’ killings continue to rock North India, Chief Justice of India Dipak Misra warned khap panchayats on Monday “not to be conscience keepers” and said nobody should interfere if two adults want to get married.
The CJI was hearing a plea to ban family killings over ‘honour’, filed by NGO (non-government organisation) Shakti Vahini. …

Centre offers Rs 2.5 lakh for every inter-caste marriage with a Dalit

Indianxpress.com
December 6, 2017
Removing the income ceiling of Rs 5 lakh per annum, the Centre has opened its scheme meant to encourage inter-caste marriages to all couples where either the bride or the bridegroom is a Dalit.
The ‘Dr Ambedkar scheme for social Integration through inter caste marriage’ was started in 2013, with a target to provide monetary incentive to at least 500 such inter-caste couples per year. As per rules, such couples whose total annual income does not exceed Rs 5 lakh are eligible to get a one-time incentive of Rs 2.5 lakh from the Centre. …

Women, praying
Photo Used for Representational Purpose (Pixabay Image)

Wife’s religion does not merge with husband’s after marriage: SC

Timesofindia.indiatimes.com
Dec 8, 2017  
NEW DELHI: The Supreme Court disagreed on Thursday with the Bombay high court’s ruling that a woman’s religion merges with her husband’s faith after marriage and requested the Valsad Zoroastrian Trust to reconsider its decision to bar a Parsi woman from entering the Tower of Silence to perform the l last rites of her parents only because she married outside the community. …

Woman has right to live in matrimonial home even if dad-in-law owns it: HC

Timesofindia.indiatimes.com
Oct 22, 2017
Mumbai: The Bombay high court has held that a woman gets the right to live in her matrimonial home or a shared household irrespective of whether it belongs to or is owned by her husband.
It relied on the Protection of Women from Domestic Violence Act to direct a man not to dispossess his wife until the Family Court decides on his plea— to declare their marriage a nullity as she was not divorced from the first husband or to grant him a divorce. The husband claimed she had barged into his father’s Mulund home. …

Sex With Wife Below 18 Can Be Punished With Life Imprisonment: Supreme Court

Ndtv.com
October 13, 2017
New Delhi:  The Supreme Court judgement criminalising sexual intercourse by a man with his minor wife can attract a jail term of 10 years under the India Penal Code or even a life term under the Protection of Children from Sexual Offences (POCSO) Act.
The top court’s landmark decision to amend Exception 2 of Section 375 (definition of rape) of the IPC, which had earlier exempted husbands from being tried for rape for having sexual relations with wives of 15 to 18 years of age, would now make such males liable for prosecution and stringent punishment. …

Marriage under Hindu law is ‘sacrament’, not contract: Delhi High Court

Indianxpress.com
“Under Hindu Law, marriage is a ‘sacrament’ (solemn pledge) and not a contract which can be entered into by execution of a marriage deed”, the court said.
January 29, 2017
Marriage under the Hindu law is “sacrament” and “not a contract” which can be entered into by executing a deed, Delhi High Court has observed while dismissing a plea by a woman who had challenged an order refusing to declare her as the legally-wedded wife. The woman had approached the court seeking her appointment for job on compassionate ground after the death of her alleged husband, a former sanitation staff in a city government hospital, and a direction to the medical superintendent to release consequential benefits and allow her to join duties. …

Gavel
(Representative Photo)

Court rejects wife’s rape charge

Timesofindia.indiatimes.com
Nov 23, 2016
NEW DELHI: A man was acquitted of rape charges after the court found that the woman complainant hid her marital status from her parents because the groom belonged to a lower caste.
Additional Sessions Judge Sanjiv Jain also noted several inconsistencies in the testimony of the woman who married the accused in a temple as per “Gandharva vivah” rituals, but later claimed she was forced into a physical relationship and the man’s parents had demanded money. ..

Marital Rape
Image used for representative purpose only

Why isn’t marital rape a criminal offence in India?

Timesofindia.indiatimes.com
Sep 9, 2016
Jaanki is physically and psychologically distraught. She was raped by her husband, not once but several times. She confides in her mother. To her utter shock, her mother confesses that she has been subjected to a similar fate in her married life. In disbelief, Jaanki snaps, …

 

Cohabitation of man, woman for long time is valid marriage proof: HC    

Hindustantimes.com
Mar 06, 2016
In the absence of evidence like wedding invitation and photographs, the cohabitation of a man and woman for a long time could be taken as a valid proof of marriage, the Madras high court ruled. …

Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons]
Shakuntala with friends writing a letter to Dushyanta [Raja Ravi Varma [Public domain], via Wikimedia Commons]

Wife’s letter talking of divorce, remarriage an act of cruelty: HC   

Timesofindia.indiatimes.com
Feb 22, 2016
NEW DELHI: A single letter can constitute an act of cruelty, the Delhi high court has said, granting divorce to a man living separately from his estranged wife for the past 28 years. …

 

Child
Representational Image

Unwed mother can be child’s guardian without dad’s consent: SC    

Timesofindia.indiatimes.com
Jul 7, 2015 
NEW DELHI: An unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent, while deciding guardianship rights, the Supreme Court ruled on Monday in a path breaking verdict on gender equality. …

 

Man, LLB, turns tables on wife’s rape charge 

Timesofindia.indiatimes.com
Apr 29, 2015
AHMEDABAD: An insurance agent studied law to fight rape charges levelled by his wife. Acquitted by courts, practising advocate Pankaj Chavda, 37, has now slapped a Rs 50 lakh defamation suit against his wife for implicating him and a friend in a false rape case. …

 

Matrimonial website not liable for online fraud: HC  

Timesofindia.indiatimes.com
Apr 11, 2015
MUMBAI: A matrimonial website cannot be held responsible if a user is “careless and negligent” and falls for one of the common “internet scams”, Bombay high court has ruled. …

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