The Punjab & Haryana High Court has ruled that a woman living separately from her husband—without obtaining a divorce—can terminate her pregnancy without the husband's consent under the Medical Termination of Pregnancy (MTP) Act.
Justice Kuldeep Tiwari, relying on SC's interpretation of Rule 3B(c) of MTP Rules, 2003, emphasized that "change of marital status" must be interpreted purposively. Separation due to domestic violence was deemed sufficient to exercise the woman's right to terminate the pregnancy under Article 21 of the Constitution.
Case: XXX v. Fortis Hospital, Mohali and Others - CWP/75/2025 | Date of Decision : January 13, 2025
The Allahabad High Court granted bail to a man accused of r@pe, observing that a s**ually experienced married woman’s lack of resistance may imply consent unless substantial evidence suggests otherwise.
The case involved a widow alleging her brother-in-law exploited her on the promise of marriage, leading to pregnancy and coercion into an abortion. However, inconsistencies like no medical proof and refusal of internal examination raised doubts.
Justice Sanjay Kumar Singh highlighted the woman’s life experience and the absence of evidence to corroborate coercion.
The Allahabad High Court recently highlighted the need for careful evaluation of the prosecutrix's testimony in r@pe cases. Justice Sanjay Kumar Singh emphasized that while such statements hold primary consideration, they must not be presumed entirely truthful in all cases.
In Abhishek Bhardwaj Vs. State of U.P., the court granted bail to the accused, citing inconsistencies in the prosecutrix's claims. The case involved allegations of s#*ual exploitation, financial deceit, and threats. However, evidence indicated a prolonged consensual relationship, raising questions about consent and intent.
The Supreme Court has emphasized that Section 306 IPC (abetment of suicide) should not be invoked mechanically to harass the accused or solely to assuage the grief of families affected by suicide.
A Bench of Justices Abhay S Oka and KV Viswanathan stressed the need for sensitizing investigating agencies and urged trial courts to avoid framing charges mechanically in such cases. The Court highlighted that the threshold for proving abetment of suicide is high and must align with legal principles.
Hostile witnesses don't render their testimony entirely useless, observed the Supreme Court in Goverdhan & Anr v. State of Chhattisgarh. A three-judge bench held that credible portions of such testimony can support the prosecution's case.
In this 2001 murder case, most witnesses turned hostile, likely shielding the accused. Yet, the Court upheld convictions based on consistent testimony from the victim’s mother, modified to culpable homicide, citing sufficient evidence beyond "reasonable doubt."
Can a refusal to marry be considered abetment of suicide?
The Nagpur Bench of the Bombay High Court, in Vaibhav Mawale v. State of Maharashtra, ruled that a man cannot be booked for abetment of suicide (Section 306 IPC) merely because he refused to marry a woman who later died by suicide.
Justice Urmila Joshi Phalke emphasized the absence of provocation or instigation by the accused, calling it a case of a consensual but broken relationship.
The Allahabad High Court recently clarified that a wife's consumption of alcohol does not amount to cruelty against her husband unless it leads to unwarranted or uncivilized behavior. A Division Bench of Justices Vivek Chaudhary and Om Prakash Shukla made this observation while granting divorce to a husband on the grounds of desertion, not cruelty. The wife had been living separately since 2016 and refused to return without reasonable cause, which the Court deemed willful neglect under Section 13 of the Hindu Marriage Act.
Complaints on social media hold as much gravity as formal ones, the Telangana High Court observed, highlighting that customer feedback on platforms like X is an accepted way to raise concerns.
In M/S Mathura Prasad & Sons vs Union of India, the Court upheld the termination of a catering contract by South Central Railway due to poor food quality and other lapses, noting the contractor had been given ample chances to improve.
Social media isn't just chatter; it's a legitimate tool for accountability in today's world.
Sandeep Chatterjee | Advocate
Can a Gifted Property by a Senior Citizen Be Revoked?
chatterjee-law.com/newsletter/f/can-a-gifted-prope…
#PropertyLaw #GiftDeedRevocation #SeniorCitizensRights #LegalAdvice #AbusePrevention #FraudulentTransfer #DomesticViolence #MaintenanceTribunal #SeniorCitizensAct #LegalHelp #PropertyDisputes #ProtectParents #LegalAwareness #ElderAbuse #KnowYourRights #JusticeMatters #LegalTips #ElderCare #ViralNews #TrendingNow #SocialJustice #StopAbuse #ProtectOurElders
4 days ago | [YT] | 2
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Sandeep Chatterjee | Advocate
The Punjab & Haryana High Court has ruled that a woman living separately from her husband—without obtaining a divorce—can terminate her pregnancy without the husband's consent under the Medical Termination of Pregnancy (MTP) Act.
Justice Kuldeep Tiwari, relying on SC's interpretation of Rule 3B(c) of MTP Rules, 2003, emphasized that "change of marital status" must be interpreted purposively. Separation due to domestic violence was deemed sufficient to exercise the woman's right to terminate the pregnancy under Article 21 of the Constitution.
Case: XXX v. Fortis Hospital, Mohali and Others - CWP/75/2025 | Date of Decision : January 13, 2025
#LegalRights #WomensRights #MTPAct #ChatterjeeLawChambers #Advocate #ReproductiveRights #JudicialRuling #GenderJustice #Article21 #HumanRights #LegalNews #EmpoweringWomen #CourtVerdict #DomesticViolence #LawAndJustice #HighCourtDecision
4 days ago | [YT] | 2
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Sandeep Chatterjee | Advocate
The Allahabad High Court granted bail to a man accused of r@pe, observing that a s**ually experienced married woman’s lack of resistance may imply consent unless substantial evidence suggests otherwise.
The case involved a widow alleging her brother-in-law exploited her on the promise of marriage, leading to pregnancy and coercion into an abortion. However, inconsistencies like no medical proof and refusal of internal examination raised doubts.
Justice Sanjay Kumar Singh highlighted the woman’s life experience and the absence of evidence to corroborate coercion.
Case: Arun Prasad Vs State of U.P.
#LegalUpdates #Judiciary #LegalNews #JudiciaryUpdates #HighCourtJudgment #LawAndOrder #LegalAwareness #IndianJudiciary #CriminalLaw #JusticeSystem #CourtCases #SocialAwareness #ChatterjeeLawChambers #Advocate
4 days ago | [YT] | 1
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Sandeep Chatterjee | Advocate
The Allahabad High Court recently highlighted the need for careful evaluation of the prosecutrix's testimony in r@pe cases. Justice Sanjay Kumar Singh emphasized that while such statements hold primary consideration, they must not be presumed entirely truthful in all cases.
In Abhishek Bhardwaj Vs. State of U.P., the court granted bail to the accused, citing inconsistencies in the prosecutrix's claims. The case involved allegations of s#*ual exploitation, financial deceit, and threats. However, evidence indicated a prolonged consensual relationship, raising questions about consent and intent.
#AllahabadHighCourt #LegalUpdate #JudicialInsights #CriminalLaw #Consent #LegalPrecedent #JusticeSystem #LawAndJustice #BailOrder #CaseAnalysis #LegalNews #CourtRulings #IndianJudiciary #LegalProfession
5 days ago | [YT] | 2
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Sandeep Chatterjee | Advocate
Living Together in a Relationship 'In the nature of Marriage' Constitutes a Domestic Relationship Under the DV Act,2005 - Delhi High Court
[X v. Y, Crl. Rev. P 203 of 2017, decided on 07-01-2025]
#DelhiHighCourt #DomesticViolenceAct #LegalUpdate #RelationshipRights #DomesticViolence #LegalFramework #SocialJustice #ProgressiveJudgment #HumanRights #LawAndJustice #LegalAwareness
5 days ago | [YT] | 3
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Sandeep Chatterjee | Advocate
The Supreme Court has emphasized that Section 306 IPC (abetment of suicide) should not be invoked mechanically to harass the accused or solely to assuage the grief of families affected by suicide.
A Bench of Justices Abhay S Oka and KV Viswanathan stressed the need for sensitizing investigating agencies and urged trial courts to avoid framing charges mechanically in such cases. The Court highlighted that the threshold for proving abetment of suicide is high and must align with legal principles.
#SupremeCourtIndia #Section306 #LegalAwareness #IndianLaw #JusticeMatters #AbetmentOfSuicide #HumanRights #JudicialSystem #LawAndOrder #LegalUpdate #LegalInsights #Accountability #JusticeForAll #LawyersOfIndia #CourtRuling
5 days ago | [YT] | 2
View 0 replies
Sandeep Chatterjee | Advocate
Hostile witnesses don't render their testimony entirely useless, observed the Supreme Court in Goverdhan & Anr v. State of Chhattisgarh. A three-judge bench held that credible portions of such testimony can support the prosecution's case.
In this 2001 murder case, most witnesses turned hostile, likely shielding the accused. Yet, the Court upheld convictions based on consistent testimony from the victim’s mother, modified to culpable homicide, citing sufficient evidence beyond "reasonable doubt."
#SupremeCourt #CriminalLaw #HostileWitness #Justice #ReasonableDoubt #LegalUpdate #IndianLaw #Judiciary #LawAndOrder #CaseLaw #LegalInsights #TrendingNews #LegalEducation #IndiaUpdates #CrimeAndLaw #LawStudents #LawyersOfIndia #CourtJudgment #BreakingNews #LegalKnowledge #SocialJustice
6 days ago | [YT] | 2
View 0 replies
Sandeep Chatterjee | Advocate
Can a refusal to marry be considered abetment of suicide?
The Nagpur Bench of the Bombay High Court, in Vaibhav Mawale v. State of Maharashtra, ruled that a man cannot be booked for abetment of suicide (Section 306 IPC) merely because he refused to marry a woman who later died by suicide.
Justice Urmila Joshi Phalke emphasized the absence of provocation or instigation by the accused, calling it a case of a consensual but broken relationship.
#LegalUpdates #BombayHighCourt #Judgment #LawAndJustice #AbetmentOfSuicide #Section306 #IndianLaw #CourtRuling #LegalInsights #RelationshipLaws #JusticePrevails #BreakingNews #SocialJustice #MentalHealthAwareness
6 days ago | [YT] | 3
View 0 replies
Sandeep Chatterjee | Advocate
The Allahabad High Court recently clarified that a wife's consumption of alcohol does not amount to cruelty against her husband unless it leads to unwarranted or uncivilized behavior.
A Division Bench of Justices Vivek Chaudhary and Om Prakash Shukla made this observation while granting divorce to a husband on the grounds of desertion, not cruelty.
The wife had been living separately since 2016 and refused to return without reasonable cause, which the Court deemed willful neglect under Section 13 of the Hindu Marriage Act.
#LegalUpdate #FamilyLaw #DivorceLaw #HinduMarriageAct #Cruelty #Desertion #AllahabadHighCourt #MarriageLaws #IndianJudiciary #LegalInsights #LawAndSociety
1 week ago | [YT] | 2
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Sandeep Chatterjee | Advocate
Complaints on social media hold as much gravity as formal ones, the Telangana High Court observed, highlighting that customer feedback on platforms like X is an accepted way to raise concerns.
In M/S Mathura Prasad & Sons vs Union of India, the Court upheld the termination of a catering contract by South Central Railway due to poor food quality and other lapses, noting the contractor had been given ample chances to improve.
Social media isn't just chatter; it's a legitimate tool for accountability in today's world.
1 week ago | [YT] | 2
View 0 replies
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