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Anticipatory Bail & Regular Bail

Best and Experienced Lawyers online in India > 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 | Best Criminal Lawyer Advice

"There are a lot of grounds available for bail to the alleged accused. Further, the alleged accused has a lot of criminal defenses available to protect his/her legal rights. Obtaining bail is a very complex task and requires expert legal advice on criminal laws by the best criminal lawyer. Further, the tendering of evidence which includes all the exhibits i a criminal trial or in criminal proceedings is also not simple. The entire process involves lot of expertise and proficiency." IntroductionBail, is the procurement of release from prison of a person awaiting trial or an appeal, by depositing a security to...

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Grounds for Anticipatory Bail & Criminal Defenses for Men in Domestic Violence Cases: Best Criminal Lawyer Advice

"Men also have legal rights in a divorce case. There are a plethora of criminal defense available to men in a divorce case. Further, there are ample grounds for bail for men in a divorce case. Although law is a bit inclined towards the protection of women yet men also have a plethora of legal rights to their avail in a divorce case. All these can be duly discussed with a criminal lawyer who has vase experience in handling criminal cases and has ample experience of getting bail in divorce cases." Section 3 of the Protection of Women from Domestic Violence Act,...

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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: Best Criminal Lawyer Advice

"Publication of obscene material is a criminal act or a criminal offense which is non-bailable and non-compoundable in nature. Publication of illicit content or obscene material either on a website or on mobile application attracts criminal liability under the penal laws and/or the Information Technology laws or the IT laws. There are a very few criminal defenses available to the accused and very few grounds are available to obtain bail in such cases." 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,...

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

"Gold smuggling is a criminal offense which is non-bailable and non-compoundable in nature. Gold smuggling is squarely dealt under the Customs Act of 1962 and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPSA), 1974. There are only a limited criminal defenses available in a gold smuggling case. Further, there are limited grounds for bail in a gold smuggling case. 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...

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