Divorce – Mental cruelty – Husband not allowing wife to take up employment in an MNC as wife has to travel long distances every day – No husband living in the present times can claim an anachronistic prerogative to finally rule on the career ambitions of his wife – Held, it amounts to mental cruelty – Further held that nature of cruelty which would entitle a spouse in matrimony for divorce is identical in all religions – Law cannot recognise different varieties of cruelty as Hindu cruelty, Muslim cruelty, Christian cruelty or secular cruelty to justify a decree for divorce. (Kerala) DB. (To be reported very shortly).
Dishonour of cheque – Issue of process – Magistrate can issue process on the basis of contents of complaint, documents in support thereof and affidavits in support of the complaint – However, Magistrate can call upon complainant to remain present in Court and examine him and/or his witnesses upon oath for taking decision to issue process against the accused.(To be reported very shortly)
Maintenance – Domestic Violence – Both husband and wife educated and both unemployed – Both on equal footing – One cannot be asked to maintain other unless one is employed and other is not employed. 2011(1) Civil Court Cases 209 (Delhi)
Execution – Objections u/s 47 CPC – There is no limitation prescribed for filing objections u/s 47 CPC. 2011(1) Apex Court Judgments 006 (S.C.)
Service – Misconduct – Punishment for misconduct can be imposed in consonance with the statutory rules and principles of natural justice. 2011(1) Apex Court Judgments 068 (S.C.)
Ex parte decree – Setting aside – Report of ‘refusal’ on summons – Publication in newspaper – Newspaper not having wide circulation – Service not sufficient – No benefit from report of `refusal’ when trial Court ordered service through publication – Exparte decree set aside. 2011(1) Civil Court Cases 044 (P&H)
Important Decisions – 2010
(Published in Civil Court Cases, Criminal Court Cases & Apex Court Judgments)
