Search Results for "Mental Health Exception"

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Search Results for "Mental Health Exception"

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High Court

Bombay High Court Dismisses Husband's Appeal in Hindu Marriage Act Case, Upholds Restitution of Conjugal Rights. Wife's refusal to cohabit due to husband's failure to provide separate residence and her desire to pursue employment does not constitute cruelty or desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.

4 Oct 2022

The appellant husband and respondent wife married on 08/08/2001. After marriage, they lived together at Buldana for about four months. The husband was...

High Court

Bombay High Court Allows Rape Victim to Terminate 25-26 Week Pregnancy Under Medical Termination of Pregnancy Act, 1971. The court held that the case falls within the exception under Section 3(2)(b) read with Section 3(4)(a) and Section 5(A) of the Act, allowing termination beyond 24 weeks for a rape victim.

4 Feb 2022

The petitioner, a victim of repeated rape from 13.08.2021 to 24.01.2022, became pregnant and sought termination of her pregnancy of 25-26 weeks. She c...

High Court

Bombay High Court Allows Termination of Advanced Pregnancy Due to Grave Risk to Mother and Fetal Abnormalities. Medical Board Opinion of Significant Morbidity to Child and Mental Health Injury to Mother Justifies Permission Under Medical Termination of Pregnancy Act, 1971.

7 Dec 2021

The petitioner, Smt. Gulfsha Wasim Sheikh, a 24-year-old woman residing in Wardha, Maharashtra, filed a Criminal Writ Petition before the Bombay High ...

High Court

Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

18 Mar 2020

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case, Holding That Courts at Wife's Parental Home Have Jurisdiction. The court ruled that cruelty under Section 498A IPC is a continuing offence and its consequences ensue at the parental home, conferring jurisdiction under Section 179 CrPC.

9 Apr 2019

The case involves a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) and the Code of Criminal Pr...

Supreme Court

Supreme Court Allows Appeals in Section 498A IPC Jurisdiction Case — Holds That Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. The Court ruled that the offence of cruelty under Section 498A IPC is a continuing offence and the consequences ensue at the parental home, conferring jurisdiction under Sections 178 and 179 CrPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India addressing a conflict of judicial opinion on the jurisdictional issue under Sec...

Supreme Court

Supreme Court Allows Wife's Complaint at Parental Home in Section 498A IPC Case — Jurisdiction Based on Continuing Offence and Consequences Under CrPC Sections 178 and 179.

9 Apr 2019

The case involved a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) read with Sections 177, 178...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case — Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. Continuing Offence and Consequence-Based Jurisdiction Under CrPC Sections 178 and 179 Apply to Section 498A IPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India concerning the jurisdictional issue under Section 498A of the Indian Penal Code...

High Court

Bombay High Court Allows Minor Rape Victim's Petition for Medical Termination of Pregnancy Beyond 20 Weeks Under Medical Termination of Pregnancy Act, 1971 — Recognizes Right to Reproductive Choice and Bodily Autonomy. Court held that the minor's pregnancy due to rape and her young age constitute grave mental injury, warranting termination despite gestational age exceeding 20 weeks.

25 Jan 2018

The petitioner, a 19-year-old minor (identity protected as 'XYZ'), filed a writ petition before the Bombay High Court at Aurangabad seeking permission...

High Court

Bombay High Court Allows Doctors' Challenge to Bond Posting Policy - State Directed to Post Doctors in Positions Commensurate with Their Qualifications. The court held that enforcing a bond to serve in non-commensurate postings violates Article 19(1)(g) and Article 14 of the Constitution of India.

20 Oct 2011

The petitioners, a group of doctors with super specialty (DM/M.Ch), broad specialty (MD/MS), and PG diploma qualifications, challenged the State Gover...

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