Criminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is Pending

The Supreme Court bench comprising of Justices M R Shah and C T Ravikumar observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.

Summary:

• Supreme Court rules that criminal proceedings for dowry demand cannot be quashed if divorce petition is pending

Woman Not A Chattel, Has Identity Of Her Own; Marriage Won’t Take Away Her Identity: Supreme Court Strikes Down Income Tax Provision

The Supreme Court bench comprising of Justices M R Shah and B V Nagarathna held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is totally discriminatory and thus unconstitutional.

Summary:

• Supreme Court strikes down income tax provision that discriminates against Sikkimese women who marry non-Sikkimese

Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension

The Supreme Court bench comprising of Justices K M Joseph and B V Nagarathna held that a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension.

Summary:

• Supreme Court rules that child adopted by widow after death of government employee is not entitled to family pension

When A Person Has Relinquished Rights In Father’s Self Acquired Property, His Sons Are Estopped From Claiming Share

The Supreme Court held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the father; and the conduct is accompanied by receipt of consideration, the principle of estoppel will apply qua the son and his successors.

Summary:

• Supreme Court rules that sons who have relinquished rights in father’s self-acquired property cannot claim a share

Every Breach Of Promise To Marry Is Not ‘Rape’: Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

The Supreme Court bench comprising of Justices Ajay Rastogi and Bela M. Trivedi observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.

Summary:

• Supreme Court acquits man sentenced to 10 years imprisonment for breach of promise to marry, ruling that it is not rape

Criminal Proceedings Inter-Se Parties Can Be Quashed If They Have Genuinely Settled Matrimonial Disputes

The Supreme Court bench comprising of Justices Sanjiv Khanna and M M Sundresh observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.

Summary:

• Supreme Court rules that criminal proceedings can be quashed if parties in matrimonial disputes have genuinely settled

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void

The Supreme Court bench comprising of Justices B R Gavai and Vikram Nath observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.

Summary:

• Supreme Court rules that conviction under Section 498-A IPC is not sustainable when marriage is null and void

Children’s Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right: Supreme Court On Power To Order ‘DNA Test’

The Supreme Court bench comprising of Justices V Ramasubramanian and B V Nagarathna observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.

Summary:

• Supreme Court rules that children’s right to privacy includes the right not to have their legitimacy questioned frivolously

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act

The Supreme Court bench comprising of Justices V Ramasubramanian and Pankaj Mithal set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness.

Summary:

• Supreme Court rules that courts should not impose onerous conditions on complainants under Domestic Violence Act

“It Is Not As If This Court Approved Of Adultery”: Supreme Court Clarifies ‘Joseph Shine’ Judgment That Declared Section 497 IPC Unconstitutional

It is not as if this Court approved of adultery, the Supreme Court observed in its order clarifying that its 2018 judgment striking down Section 497 IPC [Joseph Shine v. Union of India (2019) 3 SCC 39 ] will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct. A bench comprising of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar stated that Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC.

Summary:

• Supreme Court clarifies that its judgment declaring Section 497 IPC unconstitutional does not impact court martial proceedings for adultery

Supreme Court Dismisses Plea To Raise Age Of Marriage For Women As 21 Years, Says It’s For Parliament To Decide

The Supreme Court bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala refused to entertain a petition filed by Advocate Ashwini Upadhyay seeking uniform age of marriage for men and women.

Summary:

• Supreme Court dismisses plea to raise age of marriage for women to 21 years, stating that it is for Parliament to decide

Sex With Minor Wife: Supreme Court Acquits Husband Of Rape Relying On Exception 2 To Sec 375 IPC

The Supreme Court bench comprising of Justices B.R. Gavai and Sanjay Karol acquitted a man who was convicted for the offence of rape for sexual intercourse with his minor wife by relying on Exception 2 to Section 375 of the Indian Penal Code, which exempts marital rape from punishment if the wife was aged above 15 years.

Summary:

• Supreme Court acquits husband of rape for sexual intercourse with minor wife, relying on exception in Section 375 IPC

Courts Should Not Further The Notion That Only Male Child Will Assist Parents In Old Age; Avoid Patriarchal Remarks

The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.

Summary:

• Supreme Court advises courts to avoid patriarchal remarks and not further the notion that only male child will assist parents in old age

If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit

The Supreme Court bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala has held that during the pendency of a partition suit, the parties can seek the benefit of the amended law, when the final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been

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