SC Redefines Right To Residence Under DVA

Here is the famous Batra Vs Batra case. Mar 2007.

Here is the judgment: SC Redefines Right To Residence Under DVA

Here is another related article.

Here is a link to a blog that throws more light on the Idiocy known as the Indian Domestic Violence Act 2005.

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SC Judgment: NRI Custody Battle, Wife Found To Be In Contempt Of Court

Folks,

Here is a long drawn custody fight (2003). The wife was found to be in contempt of court.

Indira Jaising represented the wife.

Here is the judgment: NRI Custody Battle

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Delhi HC Grants Orders Issuance Of New Passport

Folks,

here is a case from 2006 where the Delhi HC orders the RPO to issue a new passport when the holder of the passport got entangled in a case where the original passport had some pages missing.

Read the judgment: Delhi HC Orders RPO To Issue New Passport

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Gujarat HC: FIR Is A Public Document

Folks,

The cops have a tendency to hide the FIR. I believe, if you don’t know what you are being charged with, how can you defend yourself?

This is a judgment from 1992.

Here is an excerpt: “whenever FIR is registered against the accused, a copy of it is forwarded to the Court under provisions of the Code; Thus it becomes a public document. Considering (1) the provisions of Art. 21 of the Constitution of India, (2) First Information Report is a public document in view of S. 74 of the Evidence Act; (3) Accused gets right as allegations are made against him under provisions of S. 76 of the Indian Evidence Act, and (4) FIR is a document to which S. 162 of the Code does not apply and is of considerable value as on that basis investigation commenced and that is the first version of the prosecution, as and when application is made by accused for a certified copy of the complaint, the Court to which it is forwarded should give certified copy of the FIR, if the application and legal fees thereof have been tendered for the same in the Court of law.”

Here is a judgment by the Gujarat High Court: FIR Is A Public Document

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SC Asks Govt To Legislate Irretrievable Breakdown As Grounds For Divorce

Here is the SC judgment where the SC asked the Govt to incorporate irretrievable breakdown of marriage as a ground for the grant of divorce.

Here is the article from the Hindu

Here is the judgment: Irretrievable Breakdown Grounds For Divorce

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SC Grants Maintenance While Not Judging On DNA Test

Folks,

Here is a case from 2002 where the SC granted maintenance, but did not rule on the DNA test of the child.

Here is the judgment:  Maintenance No DNA Test

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AP HC Orders A DNA Test 2006

Folks,

Here is an instance where the HC orders a DNA test to establish paternity.

The courts prefer to use a DNA test sparingly, but in this case the AP HC allowed it.

Here is the Judgment:  AP HC Orders A DNA Test 2006

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SC Judgment On Maintenance – Legally Married Wife

Folks,

here is a case where the court defines the meaning of marriage under the Hindu Marriage Act. This was a case about maintenance and the court declined it.

Here is the judgment:Wife Refers Only To Legally Married Wife

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SC Judgments On Paternity Test

Folks,

There are increasing cases of Indian women sleeping around and foisting the results on their clueless hubbies. Here are some judgments that will help in settling the issue of paternity. The SC initially took a conservative view on paternity tests, but in 2003, it finally agrees to allowing DNA tests as part of the evidence. The first case concerns the issue of inheritance.

Here are the judgments:

• http://www.judis.nic.in/chennai/qrydisp.asp?tfnm=9030 (Chennai HC allows DNA Test)
• http://judis.nic.in/supremecourt/qrydisp.aspx?filename=27389
  
• SC Rejects DNA Test – Poshi Ram Case 2001

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