Legal Weekly: A Hindu is bound to maintain his legitimate or illegitimate children; top judgments of the week

Legal Weekly is a compilation of landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon how court directed Kerala state government to reserve 25 per cent seats in schools for weaker and disadvantage sections.

Written by Sonakshi Awasthi | Updated: January 13, 2018 3:31 pm
top judgments of the week “A Hindu is under legal obligation to maintain, amongst others, his unmarried daughter, in so far as such unmarried daughter is unable to maintain herself from her own source of income.”

Gujarat High Court: Extramarital affair is one of the top reasons for divorce

Married for 13 years with two teenage children, a wife filed for divorce when she realised that the husband had an extramarital affair with the tutor, who taught their children. The petitioner is the mother-in-law of the husband and wife. The wife filed a complaint against the husband and the petitioner for property reasons. Thereby, the petitioner requested the court to quash the proceedings against her.

The court held that appropriate evidence was necessary and therefore proceedings cannot be quashed.

The court further observed that, “The extramarital affairs are increasing in number. This is one of the highest reasons for divorce. The extramarital affair has devastating results.”

Kerala High Court: A Hindu is bound to maintain his legitimate or illegitimate children

A daughter filed a petition against the respondent father for Rs. 5 lakhs to meet her marriage expenses. The respondent denied having any relationship with the petitioner’s mother. The trial court, however, ruled that the petitioner and her mother were receiving Rs. 12,000 as monthly income and therefore an expense for marriage was not required.

The Kerala HC overruled the trial court’s order and said, “Even assuming that the petitioner or her mother was getting Rs.12,000/- per month as the rent of the two buildings, it is not a sufficient ground to reject the claim of the petitioner in toto.”

The high court directed the father to pay Rs. 2 lakhs and held that a Hindu is under legal obligation to maintain, amongst others, his unmarried daughter, in so far as such unmarried daughter is unable to maintain herself from her own source of income.

Gujarat High Court: New schools should reserve 25% seats for the weaker sections

A PIL was filed by the petitioner alleging that provisions of the Right of Children to Free and Compulsory Education Act, 2009 were not being complied with by the state government. He further submitted to the court that 25 per cent seats were not reserved for the weaker and poorer sections of the society in the new schools which were granted approval/recognition in the month of May/June 2017 onwards.

Therefore, the court therefore directed the state government, that 25 per cent of the newly recognised schools shall be offered for admission to the children of weaker sections and disadvantaged groups under the RTE Act and “all those children of weaker sections and disadvantaged groups who could not get the admission in the first round of admission and are left out, may be granted the admissions under the RTE Act out of 25% of the seats.”

Delhi High Court: “Secularism does not mean that the Government cannot commemorate an event of any religion.”

The Delhi High Court dismissed a petition challenging the Reserve Bank of India and the Finance Ministry for issuing coins with image of Goddess Vaishno Devi in 2013.

The court dismissed the petition stating that the issuance of coins did not amount to favouritism and discrimination. It was further observed that, “Secularism does not mean that the Government cannot commemorate an event of any religion. They may commemorate events of other religions in the future, they have the power to do so.”

http://barandbench.com/delhi-hc-petition-challenging-images-deities-coins/

 

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