Legal weekly: An employed wife is not cruelty to husband; top judgments of the weekhttps://indianexpress.com/article/india/legal-weekly-an-employed-wife-is-not-cruelty-to-husband-top-judgments-of-the-week-4995783/

Legal weekly: An employed wife is not cruelty to husband; 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 gave pointers for a case falling under cruelty and why court thinks that reformative ideas are ineffective.

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“A child born to a family sees the world through the eyes of his mother and develops his cognitive skills through the vision of the family.”

Kerala HC: State directed to introduce legislation for family responsibility discrimination

A mother of two, working for Life Insurance Corporation Group, filed a petition before the Kerala High Court for wrongful termination of her job. The petitioner’s second child developed speech impairment, abnormal behaviour and mild autism, right after birth. Therefore, the petitioner applied for frequent time off from work for the treatment of her child, and was let go by the company in 2008.

The high court ruled in favour of the petitioner and directed the company to reinstate her. The court thus observed, “a child born to a family sees the world through the eyes of his mother and develops his cognitive skills through the vision of the family. It is for the State to come out with a legislation protecting employees against family responsibility discrimination.”

Delhi court: Life term to Suhaib Ilyasi

A Delhi court awarded life imprisonment to Suhaib Ilyasi, TV host of the popular show ‘India’s Most Wanted’ for committing murder of his wife 17 years ago. Ilyasi was imposed a fine of Rs. 2 lakh along with the life term and a compensation amounting to Rs. 10 lakh to his deceased wife’s family.

In 2000, the deceased was rushed to the hospital with multiple stab wounds and Ilyasi was arrested soon after investigation.

Allahabad HC: An employed wife against the wishes of husband is not cruelty

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In the instant case, a husband filed for divorce and one of the grounds for divorce was that his spouse was in employment against his wishes. The court therefore held, “A woman in her sphere does work as useful as man does in his. She has as much right to her freedom – develop her personality to the full – as a man.”

The court illustrated instances of cruelty, under which a man or a woman can file for divorce, like a spouse affecting the physical and mental health of another and reasons should be beyond jealousy, selfishness, possessiveness.

Madhya Pradesh HC: Reformative ideas are totally ineffective, says the court upholding a death sentence

Calling the case as ‘rarest of rare’, the Madhya Pradesh high court upheld the decision of a trial court and passed a death sentence against a man for committing murder of his two brothers and nephew.

The court observed, “Now-a-days reformative ideas are totally ineffective. Justice demands that the Court should impose punishment befitting the crime so that it reflects public abhorrence of the crime. The instant case clearly comes within the category of the “rarest of rare” case. Any other punishment is absolutely inadequate. ”

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