Tue 2Sep2014

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Marriage and divorce: mental cruelty by the wife

By Rakesh Shukla

In this case of granting a divorce on grounds of mental cruelty by the wife, the Supreme Court seems to have gone out of its way to change the parameters of what constitutes mental cruelty on the part of the woman. It could have far-reaching consequences for future cases

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Gap between law in theory and in praxis

A recent Bombay High Court judgment stating that a daughter ceases to be part of a father’s family on marriage, coupled with reports that a lady judge has listed her daughters as liabilities in her public declaration of assets, underlines just how subjective law is, says Rakesh Shukla

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Patriarchy cedes to gender equality

By Rakesh Shukla

Deeply entrenched patriarchy continues in modern India, from the airlines to the armed forces. But the Supreme Court’s November 2011 judgment, stating that Air India’s policy of appointing only males as in-flight supervisors was patently discriminatory, is a victory

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Child custody in the context of foreign court orders

By Rakesh Shukla

In a matrimonial dispute case involving a child, where the child was removed from his natural environment (the US) by the mother, and brought to India, the Supreme Court of India ruled that it was the child’s best interests that must be given priority. Both mother and son were ordered to return to the US within 15 days

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Free to choose: Mental retardation and reproductive choice

By Rakesh Shukla

In a landmark judgment, the Supreme Court of India struck down a high court order to terminate the pregnancy of a mentally retarded woman, against her will

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Apex court rules anew on cruelty by husband and relatives

By Rakesh Shukla

The Supreme Court does not just decide individual cases -- it lays down the law of the land. A recent ruling in which the apex court held that kicking a woman and threatening her with divorce do not amount to cruelty could set an unhealthy precedent

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SC flip-flops on irretrievable breakdown of marriage

By Rakesh Shukla

The Supreme Court has in the past granted divorce based on irretrievable breakdown of marriage, but a recent judgment dismisses it. The law must be settled once and for all, in the best interests of society

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Sexual harassment at defence establishments

By Rakesh Shukla

If a woman employed in the defence services files sexual harassment charges at the workplace, she is likely to be further harassed by the initiation of disciplinary proceedings against her, as the recent case of the principal of Army Public School demonstrates

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Medical expenses and maintenance

By Rakesh Shukla

In a judgment regarding medical reimbursement to a wife by her husband, the Supreme Court observed that the terms ‘maintenance’ and ‘support’ include means of living, food, clothes, shelter, recreation, health, proper care, nursing and medical assistance during sickness. Therefore, a wife is entitled to get medical reimbursement from her husband as part of maintenance

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Maintenance for wife and children: final and interim

By Rakesh Shukla

What is the law’s position on maintenance for the wife and children, after a divorce? What happens if the courts take years to arrive at a final decision regarding maintenance? Can the wife and children avail of interim maintenance during pendency of the proceedings?

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