Gap between law in theory and in praxis
A recent Bombay High Court judgment stating that a daughter ceases to be part of a father’s family on marriage, coupled with reports that a lady judge has listed her daughters as liabilities in her public declaration of assets, underlines just how subjective law is, says Rakesh Shukla
Patriarchy cedes to gender equality
Deeply entrenched patriarchy continues in modern India, from the airlines to the armed forces. But the Supreme Court’s November 2011 judgment, stating that Air India’s policy of appointing only males as in-flight supervisors was patently discriminatory, is a victory
Child custody in the context of foreign court orders
In a matrimonial dispute case involving a child, where the child was removed from his natural environment (the US) by the mother, and brought to India, the Supreme Court of India ruled that it was the child’s best interests that must be given priority. Both mother and son were ordered to return to the US within 15 days
Free to choose: Mental retardation and reproductive choice
In a landmark judgment, the Supreme Court of India struck down a high court order to terminate the pregnancy of a mentally retarded woman, against her will
Apex court rules anew on cruelty by husband and relatives
The Supreme Court does not just decide individual cases -- it lays down the law of the land. A recent ruling in which the apex court held that kicking a woman and threatening her with divorce do not amount to cruelty could set an unhealthy precedent
SC flip-flops on irretrievable breakdown of marriage
The Supreme Court has in the past granted divorce based on irretrievable breakdown of marriage, but a recent judgment dismisses it. The law must be settled once and for all, in the best interests of society
Sexual harassment at defence establishments
If a woman employed in the defence services files sexual harassment charges at the workplace, she is likely to be further harassed by the initiation of disciplinary proceedings against her, as the recent case of the principal of Army Public School demonstrates
Medical expenses and maintenance
In a judgment regarding medical reimbursement to a wife by her husband, the Supreme Court observed that the terms ‘maintenance’ and ‘support’ include means of living, food, clothes, shelter, recreation, health, proper care, nursing and medical assistance during sickness. Therefore, a wife is entitled to get medical reimbursement from her husband as part of maintenance
Maintenance for wife and children: final and interim
What is the law’s position on maintenance for the wife and children, after a divorce? What happens if the courts take years to arrive at a final decision regarding maintenance? Can the wife and children avail of interim maintenance during pendency of the proceedings?
The finer points of dowry death
In Baldev Singh versus State of Punjab 2008 (11) SCALE 120, although a demand by the husband for a fair share for his wife in her father’s property did not constitute a demand for dowry there were other circumstances and evidence to prove that the wife was being harassed by her husband and her in-laws for dowry, and subsequently died, making it a dowry death