Search Results for "Domestic Violence"

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Search Results for "Domestic Violence"

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Supreme Court

Supreme Court Prioritizes Child Welfare in Custody Dispute: Emphasizes Holistic Approach and Critiques Allegations of Parental Alienation Syndrome (PAS. A landmark ruling underscores the paramount importance of children's well-being, urging comprehensive considerations in custody decisions while cautioning against unsubstantiated claims of parental alienation.

8 May 2024

Family Law, Custody Dispute, Parental Alienation Syndrome (PAS) The Supreme Court overturns a decision by the High Court of Delhi regarding custody...

Supreme Court

Safeguarding Women's Rights and Ensuring Justice for Victims of Cruelty. Protection against Cruelty: Section 85 and 86 of Bharatiya Nyaya Sanhita, 2023, considering the pragmatic realities and the need for necessary changes to prevent misuse of legal provisions.

3 May 2024

Appeal arising from a judgment passed by the High Court of Punjab & Haryana on April 5, 2022, in a criminal case involving the appellant accused o...

Supreme Court

Courts should not engage in evaluating the merits of a case at the pre-trial stage and the importance of jurisdiction in matrimonial cases involving domestic violence or dowry harassment complaints.

30 Apr 2024

The appellant (wife) challenges the order passed by the Jharkhand High Court, which quashed criminal proceedings against respondent Nos. 3 to 8. The a...

Supreme Court

Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice.

29 Feb 2024

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency ...

Supreme Court

Supreme Court Allows Unmarried Woman's Appeal for Pregnancy Termination Under Medical Termination of Pregnancy Act, 1971 - Interprets Rule 3B to Include Unmarried Women for Termination Up to Twenty-Four Weeks Based on Injury to Mental Health. The Court held that exclusion of unmarried women from Rule 3B violates Article 14 and that reproductive autonomy under Article 21 extends to all women, requiring purposive interpretation of the Act.

29 Sep 2022

The appeal arose from a judgment of the Delhi High Court dated 15 July 2022, where the appellant, an unmarried woman, sought permission to terminate h...

Supreme Court

Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

3 Dec 2021

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

Supreme Court

Supreme Court Dismisses Habeas Corpus Petition in Child Custody Dispute Due to Pending Statutory Remedy. Petition Under Article 32 Constitution of India Held Not Maintainable as Custody with Mother Was Not Illegal and Father Had Already Filed Petition Under Guardians and Wards Act, 1890.

28 Jul 2021

The dispute involved a father's petition for habeas corpus under Article 32 of the Constitution of India seeking custody of his two minor children. Th...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

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