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Anticipatory Bail & Regular Bail

 > Anticipatory Bail & Regular Bail

Individual Instance of Misbehaviour seen in Isolation would not be Sufficient to Establish Mental Cruelty

Ramchander v. Ananta [(2015) 11 SCC 539]- In this case the marriage between the appellant and the respondent was solemnized on 2 April, 1994 and a male child was born from the wedlock. After three years of marriage, the respondent wife started living separately and upon legal notice sent by the appellant she returned back to her matrimonial home. But again, in March, 2003 she left her matrimonial home and started living with her parents and has not come back sine. The husband filed for divorce on the grounds of desertion and cruelty. He alleged that immediately after marriage, the...

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Staying Together is not a Precondition for Mental Cruelty

K. Srinivas Rao v. D.A. Deepa [(2013) 5 SCC 226]The facts of the case are as such that an appeal was made by the appellant namely K. Srinivas Rao to the Hon’ble Supreme Court against the order passed by the High Court setting aside the decree of divorce granted to him. The marriage between the appellant husband and respondent wife namely D.A. Deepa was solemnized on 25 April, 1994 but on the very next day of their marriage, the dispute arose between the elders of both families. That led to separation of the newlywed couple and they started living separately....

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Forcing Husband to Stay Away from his Parents and Character Assassination of Husband by Wife amounts to Cruelty

Narendra vs. K. Meena [Civil Appeal No. 3253 of 2008]The facts of the case are that the appellant, namely Narendra, approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the both was solemnized in 1992. The appellant filed for the divorce as the respondent had become cruel because of her highly suspicious nature and she used to allege him of extra- marital affair on baseless grounds. The Respondent was also forcing the Appellant to leave his parent’s home and live separately with her and in this case, it would be more cruel for the appellant to...

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Unilateral Decision of Wife not to have Child is Cruelty to Husband

Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]The facts of the case are that the appellant approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the appellant namely Samar Ghosh and the respondent namely Jaya Ghosh was solemnized in 1984 and the respondent was divorced and had a female child from her first marriage. The appellant stated that immediately after marriage the respondent asked the appellant to not to interfere in her career and had also unilaterally decided that she would not give birth to a child and the appellant should try to keep himself...

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Customary Gifts Given at the Time of Child Birth or Other Ceremonies are not Dowry

Narayanamurthy v. State of Karnataka [(2008) 16 SCC 512]The facts of the case are as such that the appellant namely Narayanamurthy, who is husband of deceased, made an appeal to the Hon’ble Supreme Court against the order of High Court in which, the High Court have convicted Narayanamurthy for the offence of dowry death under section 498-A & 304-B of Indian Penal Code, 1860 (IPC). The marriage between the accused narayanamurthy and the deceased was solemnized in the year 1989 and a girl child was born in the wedlock. It was alleged that after the marriage, the accused and his...

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Bail | Types | Grounds for Bail | Conditions for Bail | Powers of the Courts | Cancellation of Bail |

IntroductionBail, is the procurement of release from prison of a person awaiting trial or an appeal, by depositing a security to ensure his submission at the required time to the legal authority. The monetary value of the security, which is set by the court having jurisdiction over the crime committed by the accused, is known as bail bond. This security may be in terms of cash, power of attorney papers, or the bond of private persons or of a professional bonding company. If the person released on bail fails to surrender himself at the appointed time then the outcome is...

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Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases

Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines that Domestic violence includes acts which harm or endangers the health, safety, life, limb, or wellbeing (mental or physical) of the victim, or tends to do so, and includes causing physical, sexual, verbal, emotional, and economic abuse, perpetrated by any person who is or was in a domestic relationship with the victim. However, the provisions relating to domestic violence are widely misused by the women as a weapon for feud against their spouses and innocent family members. Best Five Grounds for Anticipatory Bail for the Alleged Accused in...

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Right to Privacy in the light of Pegasus Scandal

“A man’s house is his castle”, a well-known saying which implies the inherent right to privacy that every human being possess. Every human being has the right to prevent the disclosure of intimate details of their life. Right to Privacy simply allows a person to be left alone.Right to Privacy is one such right that came into existence due to wide interpretation of Article 21 of the Constitution of India. The Constitution of India does not explicitly provide for the right to privacy as a Fundamental Right. Article 21, the heart and soul of the Indian Constitution, provides for an...

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Legal Consequence of Publishing Illicit Content on Mobile Apps

With tremendous development of technology the use of the internet has grown by leaps and bounds in India. However with the increasing use and dependency upon the internet, there has been frightening increase of cyber crimes in India. One such cyber crime is the publication of obscene content using the internet. Due to the transcendental reach of internet, published obscene content poses a threat of destroying the moral fabric of the society. In a recent incident, businessman Raj Kundra was arrested for being involved in publishing pornographic content using mobile app 'Hotshots'. The mobile application was mainly used for...

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Criminal Defense of Requisition Before Search in Gold Smuggling Cases: Legal Advice

Section 2(39) of the Customs Act (CA), 1962 states that smuggling, concerning goods, means that any omission or act which would cause such goods liable to be confiscated under section 111 or section 113 of the Customs Act (CA), 1960. Section 111 and Section 113 of the aforesaid Act confers power to the customs officer to confiscate illegal import and export of goods. Section 11(1) of the said Act confers power upon Central Government to stop, either subject to such absolutely or condition (to be fulfilled after and before clearance), export or import of any goods by the notification in...

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