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Wednesday, December 02, 2020

Legal Weekly: Marriages via Facebook are bound to fail says Gujarat HC; 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 the observations of court on Facebook marriages.

Written by Sonakshi Awasthi | New Delhi | January 27, 2018 5:39:55 pm
top judgments of the week “This is one of those modern marriages fixed on facebook, therefore, bound to fail,” said the Gujarat High Court.

Madras High Court: Prisoners should not be denied conjugal rights

Sentenced for 18 years in prison, a Deputy Inspector General of Prisons had denied Siddique Ali’s request to visit his wife undergoing an infertility treatment.

The Madras High Court reasoned that India follows the reformation theory as one of the theories of punishment. It further observed that according to psychiatrists and psychologists, frustration, ill-feeling, tension and heart burning could be reduced if the prisoners are permitted to have conjugal relationships rarely.

“There are innumerable cases of HIV / AIDS in jails, because of sexual intercourse in between the same gender. This evil is happening because of deprivation of conjugal relationship for a prisoner,” said the high court.

And the double bench ruled in favour of the petitioner and held that no prisoner should be deprived of his “guaranteed freedom”. The court partially approved the petitioner’s request to grant leave to her husband for two weeks instead of the 60 days as requested earlier.

Bombay High Court: If a woman dies without a will and no children, husband cannot claim property inherited from her father

Stating the law under Hindu Succession Act, 1956 the Bombay High Court held that without a will and no children, if a woman dies, property inherited from her father cannot be claimed by her husband and the heirs of the deceased would have a legal right over such property.

The court delivered the judgment while hearing a writ petition of the family of the deceased filed against the husband who claimed partition and injunction of the said property.

“Respondent being her husband and not the legal heir of her father, cannot get any share in the property left behind by Sundarabai. Therefore, he has no cause of action to file the suit for partition of Sundarabai’s property,” the court ruled.

Gujarat High Court: Marriages fixed on Facebook are bound to fail

The Gujarat High Court was hearing a petition filed by the in-laws of the woman requesting to quash the FIR against them. The couple came into contact over Facebook and married each other. Within two months of marriage, marital problems arose and the woman in the marriage filed an FIR against the husband and the in-laws.

While stating the facts of the case, the court observed, “This is one of those modern marriages fixed on facebook, therefore, bound to fail.”

Observing that the allegations made by the woman in the FIR were by and large against the husband, the court quashed the FIR against the in-laws.

Delhi High Court: Cannot deny gold medal to a student who failed to sit for two exams in the first chance

A law student at the Guru Gobind Singh Indraprastha University filed a petition against the college for not awarding him a gold medal despite his scoring the highest marks in examinations.

The petitioner didn’t sit for two examinations in 2013 due to his illness. Subsequently, he appeared for the same in 2014. Scoring the highest CPI overall (Cumulative Performance Index), the student was awarded second place.

The court therefore held that the second attempt by the student would be recorded as his first attempt as the petitioner had fallen ill due to a severe disease, chicken pox. Therefore, the court directed the University to award the petitioner with the medal to honour what he deserves.

Madhya Pradesh High Court: ‘Dalit’ not to be used for SCs & STs

A petition filed by a social activist requested the court to take action against prohibiting government and non-government organisations from using the term ‘Dalit’ for people belonging to the Scheduled Caste and Scheduled Tribe.

Limited by the petitioners inability to bring forth documents identifying such organisations, the court directed the State to refrain from using ‘Dalit’ for the Scheduled Caste and the Scheduled tribe.

“We have no manner of doubt that the Central Government/State Government and its
functionaries would refrain from using the nomenclature “Dalit” for the members belonging to Scheduled Castes and Scheduled Tribes as the same does not find mentioned in the Constitution of India or any statute,” held the court.

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