Navtej Singh Johar v. UOI, [Writ Petition (Criminal) No. 76 of 2016] was filed for declaring Section 377 to be unconstitutional. It was held by: Dipak Misra CJI and A.M. Khanwilkar J. The phrase ‘against the order of nature’ has neither been defined in any provision of the IPC. What is ‘against the order of nature’? Procreation […]Read more "#The377Debate II : 06.09.2018"
Parliament often begins to legislate with remarkable vigor but about the same time it gives up the attempt to govern. It begins to lay down general rules, entrusting its working to Officials/Secretaries of State/Boards of Commissioners/Law Courts, who are endowed with new statutory powers. Once or twice upon a time, Ecclesiastical Courts could pronounce a divorce, a mensa et […]Read more "A Mensa Et Thoro"
Section 15 of the The Hindu Marriage Act, 1955: “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal […]Read more "इसकी टोपी उसके सर्र: Section 5(1) + Section 15 of The Hindu Marriage Act"
Thushara, when 19, married a man, not yet 21, at the Chakkulathukavu Bagavathi Temple. Her father filed a petition before the High Court of Kerala and was awarded her custody. The Supreme Court recently called a submission ‘neat’: “The High Court has adopted an approach which is not permissible… Thushara is admittedly a major… she […]Read more "The Freedom of a Major Girl"
In July, 2017 a Bench of Three in Nithya Anand, (2017) 8 SCC 454, speaking through Justice A.M. Khanwilkar disapproved of the “First Strike” Principle developed in Surya Vadanan, (2015) 5 SCC 450. It had been argued that since the mother had not sought custody of the child by approaching any competent Indian Court prior […]Read more "The “First Strike” in Child Custody Battles II"
Jactitation of marriage means a persistent boasting of a marriage, falsely alleged to have taken place. The suit prays for a decree of perpetual silence on the subject. This is the only case in which a matrimonial suit can, as of right, be proceeded without prima facie proof of a marriage de facto, for the […]Read more "Jactitation of Marriage"
Recently in M/s. Meters and Instruments Private Ltd. v. Kanchan Mehta, [Criminal Appeal No. 1731 of 2017] a Bench of Justices Goel and Lalit observed the following: “There appears to be need to consider categories of cases which can be partly or entirely concluded “online” without physical presence of the parties by simplifying procedures where seriously […]Read more "Video Conferencing in Matrimonial (Cheque) Disputes II (I)"