Domestic Violence case pending before Magistrate cannot be transferred to family court: Kerala High Court
As per the DV Act, relief can be sought by only a woman who is subjected to any act of domestic violence in a marriage, or through a relationship in the nature of marriage, etc., the High Court noted. The Kerala High Court recently held that domestic violence cases pending before a Magistrate cannot be transferred to a family court [Vineet Ganesh v Priyanka Vasan]. A division bench consisting of Justices Anil K Narendran and PG Ajithkumar held so after noting that the scheme of the Protection of Women from Domestic Violence Act (DV Act) is such that an aggrieved person is ensured more effective protection through the forum of a criminal court and therefore, the judicial magistrate has jurisdiction over cases under the Act. “The intention of the Legislature to confine the jurisdiction to entertain an application under Section 12 of the D.V. Act to the Judicial Magistrates is clear from provisions in the Act. As…
Kerala to include POCSO Act awareness in school curriculum: SCERT tells Kerala High Court
The Court was considering a case that it had kept open to assess and rectify the specific issue of cases being filed against teenagers for unwittingly committing a crime punishable under the POCSO Act. The State Council of Educational Research and Training (SCERT) has informed the Kerala High Court that awareness of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) would be made part of the school curriculum from the next academic year onwards. [Anoop v State of Kerala & Ors.] The standing counsel for the SCERT told Justice Bechu Kurian Thomas of the development in a case before the Court to assess and rectify the specific issue of cases being registered against teenagers who unwittingly commit crimes punishable under the POCSO Act. The Court was informed that text books would be prepared by experts giving due importance and sensitivity to this issue. “It was also assured on behalf of…
TIPS FOR PREPARING FOR A HIGH-ASSET/COMPLEX PROPERTY DIVORCE
All divorces are potentially complex and difficult; however, high-asset/complex property divorces are more difficult than average divorces. A high-asset/complex property divorce is self-explanatory. If you and your spouse are about to get a divorce, and you believe yours is a high-asset/complex property case, it is vital that you take time to prepare adequately. Below, we share some tips for preparing for a high-asset or complex property division divorce. Prepare Financial Information Preparing all your financial information is a crucial part of preparing for this type of divorce. Preparing financial information entails gathering all documents associated with your assets as well as liabilities. Regardless of whether you plan to resolve divorce-related matters outside of court or in court, it is important that you prepare all your financial information. Gather, among others, tax records and returns, investment account statements, bank statements, life insurance statements, property mortgage information, savings accounts, and credit card…
Bombay High Court asks if State can frame guidelines against harassment of LGBTQIA+ persons by family, police
In response, the Advocate General of Maharashtra said that he would get instructions on whether a committee can be formed by the State to frame such guidelines. The Bombay High Court was told by the Maharashtra government on Friday that it will consider forming a committee to come up with guidelines to sensitize the police while dealing with the LGBTQIA+ community. The proposal was mooted after a division bench of Justices Revati Mohite Dere and Gauri Godse opined that the State should come up with guidelines on how police should handle ‘missing person’ or ‘kidnapping’ complaints by family members against lesbian or gay couples. “We want the State to come up with something for police to handle cases about missing or kidnapping complaints against lesbian or gay couples and granting them protection. This is the larger issue. Since we are dealing with the police, there should be guidelines for dealing with the given set,” the…
Delhi High Court sentences woman to 1 month in jail for violating divorce settlement agreement
Justice Arora, however, suspended the sentence for two weeks for the woman to purge the contempt of court and abide by the settlement terms. The Delhi High Court recently sentenced a woman to one month of simple imprisonment for violating the terms of a divorce settlement agreement with her husband and disobeying undertakings given by her to a family court. In an order pronounced on August 9, Justice Manmeet Pritam Singh Arora held the woman guilty of contempt of court and also imposed a fine of ₹2000 on her. “In these circumstances, this Court finds that the Respondent is wilfully violating the settlement agreement and acting in breach of the undertaking and therefore, this Court holds the Respondent guilty of the civil contempt under Section 2(b) of the Contempt of Courts Act, 1971. The Respondent has not tendered any apology in her reply and has, to the contrary as noted above, boldly…
News Women filing false POCSO, SC/ST Act cases to grab money from State, ruin image of innocent people: Allahabad High Court
While granting anticipatory bail to a rape accused, the Court called for criminal action to be taken against the complainant is the case is found to be false. The Allahabad High Court on Thursday frowned upon the apparent trend of women filing false complaints under the Protection of Children from Sexual Offences Act (POCSO Act) and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) to grab money from the State. [Ajay Yadav v. State] The Court added that such false complaints are lodged against innocent persons to ruin their image in society. “In the society, there are certain false FIR under the POCSO as well as SC/ST Act is lodged against innocent persons ruined their image in the society just for taking money from the State. It is very unfortunate that now a days, in maximum cases the women is using it as a weapon just to grab money, which…
Bilkis Bano case: Reintegration of convicts into society is a constitutional right, says Supreme Court
A bench of Justices BV Nagarathna and Ujjal Bhuyan today concluded hearing the arguments of the petitioners who have challenged the early release of convicts in the Bilkis Bano case. The Supreme Court on Thursday remarked that an accused in a criminal case has a constitutional right to be reintegrated into the society. [Bilkis Yakub Rasool v. Union of India and ors]. A bench of Justices BV Nagarathna and Ujjal Bhuyan made the observation in view of provisions in the Constitution of India that empower the President and Governors to pardon and allow remission of criminal punishments. The Court was hearing a batch of pleas challenging the decision of the Gujarat government to grant remission to 11 convicts who had gang-raped Bilkis Bano and murdered her family members during the 2002 Gujarat riots. Some of these PILs were filed by third parties, who argued today that the right to file remission applications was a statutory one…
Delhi High Court issues directions to be followed by doctors, police while dealing with pregnant sexual assault survivors
The Court ordered that the survivors must be presented for termination of pregnancy within 24 hours of orders being passed and the foetus shall be preserved. The Delhi High Court recently issued a series of directions to be followed by the authorities and doctors while dealing with survivors of sexual assault who are pregnant [Nabal Thakur v The State] Justice Swarana Kanta Sharma said that even in cases where the gestation period is less than 20 weeks, the Investigating Officer (IO) should produce the survivor for the medical termination of pregnancy within 24 hours of passing of such order before the Superintendent of the concerned hospital. The Court ordered that the doctor concerned will ensure that foetus is preserved and that the survivor is not discharged in a hurry. “The doctor concerned will also mention, in case the victim is discharged without termination of pregnancy, the reasons for the same so that the…
Delhi High Court takes suo motu cognisance of sexual assault on 3-year-old in South Delhi school
The Court ordered the Education department and the Delhi Police to file an action report in the matter. The Delhi High Court has taken suo motu cognisance of the sexual assault on a three-year-old child allegedly by a cleaner in a school in South Delhi and directed the Education Department as well as Delhi Police to file an action taken report. In an order passed on Tuesday, a Division Bench of Chief Justice Satish Chandra Sharma and Justice Saurabh Banerjee said that the report shall be filed in two weeks and the name and identity of the minor victim be masked. The cognisance was taken after Justice Subramonium Prasad brought to the notice of the Court a news report published in The Times of India. “Mr. Santosh Tripathi, while filing the status report, will mask the name of the girl child as well as the names of the parents of the girl child, and shall undertake all necessary…
Karnataka High Court rules that wife calling husband dark-skinned amounts to cruelty, allows divorce plea
The Court further noted that wife moving away from company of husband and levelling false allegations of illicit relationships as a cover up, would also constitute cruelty. The Karnataka High Court recently ruled that wife humiliating her husband by calling him dark-skinned amounts to cruelty. The Court further noted that the wife’s decision to distance herself from the company of her husband and to level false allegations against him of having illicit relationships to cover up this aspect, was cruel. A bench of Justice Alok Aradhe and Anant Ramanath Hegde made the observation while allowing a husband’s plea for divorce. “The evidence on record, from close scrutiny also leads to the conclusion that the wife used to insult the husband on the premise that he is dark. And for the same reason has moved away from the company of the husband without any cause. And to cover up this aspect, has levelled false allegations…