Daily Archives: May 9, 2017

Wife going #abroad #without #husband’s consent, & staying at father’s house on return #not #desertion!! BOMBAY HC

Bombay HC quashes divorce given to couple for wife’s ‘desertion’

Bombay High Court (Photo: PTI)
Mumbai: The Bombay high court has set aside a family court’s order granting divorce to a couple in 2008. The family court had granted divorce on the petition of the husband on the ground that his wife had deserted him.

The HC observed that the wife going to meet her brother in Kenya, with or without her husband’s consent, for 15 days and residing at her paternal house after her return to India, would not amount to desertion or final separation.

The division bench of Justice Abhay Oka and Justice Anuja Prabhudessai passed this order recently while hearing an appeal filed by the wife challenging the decree of divorce granted by the family court on the ground of cruelty and desertion by the wife. The couple got married in 1988.

About the allegation of desertion by going to Kenya in April 1992 and returning to her parental house instead of her matrimonial home, the wife said that she was working for Air India and had got free tickets for Kenya.

She said she had gone to Kenya with the consent of her husband but when she returned to Mumbai, she had received a legal notice from her husband. She further alleged that she wanted to go to her husband’s house but he did not allow her to enter the house.

The HC in its order observed, “The mere fact that the wife had visited her brother
in Kenya with or without the consent of the husband, or that upon her return she had started residing at her parental house would not per say amount to desertion or final separation as alleged by the husband.”

The bench quashed and set aside the order of the family court. The HC observed that the wife “has refuted each and every accusation levelled against her” and hence, “In absence of corroborative evidence, the trial judge was not justified in accepting the evidence of the husband and discarding the evidence of the wife, without there being any justifiable reasons.”

http://www.asianage.com/metros/mumbai/090517/bombay-hc-quashes-divorce-given-to-couple-for-wifes-desertion.html

Supreme Court sends Justice CS Karnan to jail for six months on contempt charges, orders immediate arrest | india-news | Hindustan Times

Supreme Court sends Justice CS Karnan to jail for six months on contempt charges, orders immediate arrest
Justice CS Karnan, 59, is the first sitting HC judge to be convicted of contempt and sent to prison. A seven-judge bench led by Chief Justice of India JS Khehar passed the order.

The Supreme Court sent Calcutta high court judge CS Karnan to six months in prison on charges of contempt on Tuesday, biting the bullet in an unprecedented face-off in the upper judiciary.

This is the first time a sitting judge of a high court will be arrested and put behind the bars.

The court asked West Bengal’s police chief to arrest justice Karnan immediately. It also ordered the media to keep away from reporting anything on Karnan.

Karnan’s arrest orders came a day after he sentenced chief justice JS Khehar and six other judges of the Supreme Court guilty under the SC /ST act.

Matters between the high court judge and Supreme Court came to a head when the latter initiated contempt proceedings against Karnan after he targeted not just Madras high court judges but also accused the SC judges of discrimination and corruption.

But Karnan took on a fight with the top court, saying he was being targeted because he was a Dalit. He refused to apologise for his comments, alleging discrimination by and corruption in the higher judiciary.

Karnan in his controversial style held press conferences, issued non bailable warrants and even ordered the arrest of judges of the Supreme Court.

http://m.hindustantimes.com/india-news/supreme-court-finds-justice-cs-karnan-guilty-of-contempt-hands-him-six-month-jail-term/story-ZXj0kxvLbx4Pn9g1GxgXLL.html

Woman who has already taken a house from the first husband wants one more house from 2nd live in !!!

Dispute Settlement Impossible: Leander Paes, Rhea Pillai Tell SC

The bench said: “It is not possible to say anything at this stage. We can’t force the parties for settlement. We tried our best to persuade the parties while hearing them in-chamber.”

Ace tennis Leander Paes and his estranged live-in partner Rhea Pillai, who appeared before the Supreme Court, have told the court that settlement of their dispute is not possible.

Rhea’s counsel told the bench headed by Justice Arun Mishra that his client has asked for a house from Paes for his daughter which he is not agreeing to.

Countering the argument, Paes’ lawyer said Rhea has already got a house from actor Sanjay Dutt (her former husband) and Paes was not ready for such a demand.

The bench said: “It is not possible to say anything at this stage. We can’t force the parties for settlement. We tried our best to persuade the parties while hearing them in-chamber.”

The bench referred the matter to another bench for passing of appropriate order and fixed July 18 as next date for hearing.

Earlier, the apex court had suggested the couple, who were into live-in relationship and have a daughter, to settle the dispute to put an end to their dispute.

Rhea had approached the top court, claiming that she was in a “matrimonial relationship” with Paes and was entitled for maintenance under the special Domestic Violence law.

The Bombay High Court had held that the contention raised by both sides was an issue, which could be declared after a trial is held while accepting Paes’ argument that he was not married to her.

Paes and Rhea are in a legal battle over custody of their daughter. Rhea had filed a case of domestic violence and harassment against Paes in 2014.

http://www.livelaw.in/dispute-settlement-impossible-leander-paes-rhea-pillai-tell-sc/