SangsLegal News The Supreme Court grants permission for a married woman to terminate an unplanned pregnancy at 26 weeks

The Supreme Court grants permission for a married woman to terminate an unplanned pregnancy at 26 weeks considering mental and financial factors. The petitioner, a mother with two children, informed the Apex Court about her battle with post-partum depression and due to emotional, financial, and mental reasons, she is unable to responsibly raise a third child.

SangsLegal News

According to the Supreme Court, a magistrate has the authority to dismiss a defamation complaint by invoking the exceptions provided under Section 499 of the Indian Penal Code (IPC) prior to issuing summons to the accused.

SangsLegal News A mere registration does not establish the validity of the will :Supreme court

Supreme Court recently ruled that a mere registration does not automatically establish the validity of the will. In order to establish the legality of an execution, it is imperative to comply with the provisions mentioned in Section 68 of the Indian Evidence Act, 1872 and Section 63 of the Indian Succession Act, 1925.

SangsLegal News If Negligence is apparent The Burden of proof is on the Hospitals: Supreme Court

The principle of res ipsa loquitur was upheld by the Supreme Court in medical negligence cases, highlighting its relevance especially in situations where negligence is apparent. This places the burden of proof on the hospital or medical practitioners involved.

SangsLegal News A Closer Look at Recent Divorce Rulings by various High Courts and Supreme Court.

Supreme Court: The Apex court can grant divorce using Article 142 powers on irretrievable breakdown of marriage. The Constitution Bench clarifies that the court possesses the authority to terminate a marriage based on irretrievable breakdown, as stated under Article 142(1) of the Constitution of India which allows the SC to do ‘complete justice’ in ‘any cause or matter’.

Supreme Court: The existence of a divorce petition between the parties is not sufficient reason to dismiss a criminal case for dowry demand.

Bombay High Court: Being married to an individual with epilepsy is not considered a valid reason for seeking divorce under the Hindu Marriage Act. The court emphasized that epilepsy does not qualify as a mental disorder.

Bombay High Court: Woman who vacates matrimonial house prior to divorce cannot assert the right to reside in the house, despite having an ongoing appeal.

Chhattisgarh High Court: If wife demands to stay together with her husband at the location of his official posting is not cruelty under Hindu Marriage Act.

Delhi High Court: Husband forming friendships at his workplace is not an act of cruelty. The court emphasizes that consuming alcohol on a daily basis does not deem him an alcoholic unless there have been no negative incidents associated with it.

Delhi High Court: The financial instability of a spouse can be considered as a form of mental cruelty, leading to the granting of a divorce to the wife.

Delhi High Court: False allegations by wife, the threat of being summoned to police station are cruelty as such accusations impacts mental imbalance of the husband.

Gujarat High Court: Women are eligible to file a cruelty case under Section 498A IPC after getting a divorce; however, this provision applies only to incidents that occurred during the course of their marriage.

Karnataka High Court: A wife's act of referring to her husband as dark-skinned, can be considered as a form of cruelty and granted divorce to the husband.

Kerala High Court: The law does not discriminate between acts of cruelty in divorce cases based on religious affiliation such as Hindu, Christian, Muslim, or secular.

Kerala High Court: The Court has invalidated Section 10A of the Indian Divorce Act, which previously required a one-year waiting period for couples wishing to file for divorce through mutual consent.

Kerala High Court: Muslim women hold an inherent right to seek divorce through Khula, without necessitating the consent of their husbands or an official declaration by a court.

Patna High Court:  Hindu Marriage Act clearly states that the inability of a wife to bear a child is neither considered as impotence nor a valid ground for divorce.