October 2, 2022

The Lawmatics Bulletin- 9

12-10-2020 to 18-10-2020

MARRIED WOMEN ENTITLED TO CLAIM RIGHT TO RESIDENCE WHICH BELONGS TO RELATIVES OF HUSBAND: SC

Satish Chander Ahuja v. Sneha Ahuja

The Supreme Court this week overruled its own judgement S.R. Batra vs Taruna Batra, 2006, in its recent judgment the court has held that a woman can claim right to residence in the houses owned by relatives as well. This means that she can seek a residence order with respect to property which belongs to in-laws, if she and her husband lived there with some permanency after marriage. The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed the definition of ‘shared household’ given in Section 2(s) of the Act cannot be read to mean that it can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share.
Section 19 confers a woman the right to reside in a shared household.

Section 2(s) [Domestic Violence Act, 2006]“shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.


CHILDREN ATTAIN MAJORITY LONG BEFORE THEY TURN MAJOR: P&H HIGH COURT

Preeti vs. State of Haryana

The bench of Justice Sanjay kumar while considering the plea of marriage of girl under age of 18 stated that, it is scientifically recognized fact that girls tend to be more mature than boys of the same age and that is why the age of majority [for purpose of marriage] is fixed as 18 for girls and 21 for boys.

In this case, a girl aged about 17 years, and a boy, had approached the High Court seeking protection. The boy claimed that they have married each other and that the parents of the girl are against this marriage and are threatening the couple. The court allowed the girl to stay with the mother of the boy till she attained majority.

The court noted that the statutory scheme on the subject of child marriages lacks clarity i.e, The Hindu Marriage Act marriage between persons who are not major, would be neither void nor voidable. However, the Child Marriage Act makes child marriages void. Protection of Children from Sexual Offences Act, 2012, the court noted, makes any sexual act or intercourse by the husband with a girl below 18 years of age constitute an offence, though she is his wife. However, Exception to Section 375 IPC states to the effect that sexual intercourse and sexual acts with a wife of over 15 years of age would not amount to rape.
In Independent thought vs. Union of India and another [(2017) 10 SCC 800], the Supreme Court held that Exception 2 to Section 375 IPC must be construed and applied by substituting ‘eighteen’ for ‘fifteen’ in the context of the age of the wife.


STAY ORDER PASSED BY ANY COURT WILL EXPIRE AUTOMATICALLY WITHIN 6 MONTHS: SC

Asian Resurfacing of road agency pvt. ltd. v. Central Bureau of Investigation

The Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months.

The bench headed by Justice R.F Nariman in this case observed that; “In all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced”.


ALLEGATIONS MADE IN MATRIMONIAL CASES CAN LEAD TO CRIMINAL DEFAMATION: KARNATAKA HC

Sushma Rani And H.N. Nagaraja Rao

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to ‘criminal defamation’.
Section 500 IPC:
Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.


PRISONER DATABASE MANAGEMENT PORTAL LAUNCHED BY MANIPUR STATE LEGAL SERVICES AUTHORITY

The Prisoner Database Management Portal(PDMP) of Manipur State Legal Services Authority (MASLSA) was launched on October 15 by Mr. Justice Ramalingam Sudhakar, Chief Justice, High Court of Manipur & Patron-in-Chief, MASLSA. This portal is one of the first in the country to create prisoner’s record digitally.
ABOUT PDMP
Prisoner Database Management Portal is a fully web-based portal that can provide real-time data of the prisoners along with the requisite details of their cases. Another striking feature of this portal, the time spent in custody will also be available in real-time. The Portal intends to provide a much-needed support system between the jails and the courts of Manipur. It is hoped to bring about ease of flow of communications, whilst saving precious time and manpower at the same time. The Legal Aid Clinics at both the jails will be able to monitor the services so rendered more effectively. The Portal is developed by Manipur State Legal Services Authority.


Legal World Sketch:

By: Tanvi Sharma