The Supreme Court (SC) has ruled that a spouse merely living separately does not amount to desertion. The aggrieved other spouse must prove that the estrangement wasn’t due to ill-treatment meted out by him or her.
Under the Hindu Marriage Act, ‘desertion’ is one of the grounds for seeking divorce. SC had, in certain judgments, held that desertion amounts to cruelty.
Ravi Kumar of Orissa was granted divorce by a family court. His wife Julmi Devi went to the high court (HC), which overturned the family court’s order. Kumar then moved SC, re-seeking divorce.
Dismissing Kumar’s appeal, SC said the trial court ought to have examined whether Devi deserted him because of cruelty. The couple’s daughter had told HC that her father used to beat up her mother. She didn’t know the reasons for her father’s behaviour.
Thursday, February 11, 2010
Sunday, February 7, 2010
Judiciary Appointment :
The Union Government and Judiciary are once again on crossroad on the issue of the appointment of Judges of High Court and the Supreme Court. According to sources, Government wants the Judges to be selected from its list of the candidates and Union Law Ministry is understood to have circulated a draft proposal to this effect.
At present the SC collegium, headed by the Chief Justice of India has the final say in the selection of the Judges and the government has no choice but to accept the recommendation of the collegium as per the judgement of the apex court in the case of Advocates on record Association Vs Union of India and others.
CJI has made it clear he has no problem with the Government making new law on the appointment of the Judges. But at present the SC collegium is going by the judgement of the SC which is binding on the government as well on the collegium.
The Union Government and Judiciary are once again on crossroad on the issue of the appointment of Judges of High Court and the Supreme Court. According to sources, Government wants the Judges to be selected from its list of the candidates and Union Law Ministry is understood to have circulated a draft proposal to this effect.
At present the SC collegium, headed by the Chief Justice of India has the final say in the selection of the Judges and the government has no choice but to accept the recommendation of the collegium as per the judgement of the apex court in the case of Advocates on record Association Vs Union of India and others.
CJI has made it clear he has no problem with the Government making new law on the appointment of the Judges. But at present the SC collegium is going by the judgement of the SC which is binding on the government as well on the collegium.
Law minister releases Gopalaswami's letter seeking Navin Chawla's ouster :
In a curious case of the right hand not knowing what the left is doing, the law ministry has released the letter written by then chief election commissioner N Gopalaswami to the president seeking removal of fellow election commissioner Navin Chawla while the Rashtrapati Bhawan had declined to make the document public.
The appellate authority under the Right to Information Act in the law ministry allowed the request of one SS Ranawat, a resident of Bhilwara in Rajasthan, for the unprecedented recommendation made by Gopalaswami in January last year. The Rashtrapati Bhawan had cited Chawla's opposition to the disclosure as a reason for not making it public.
In his 93-page report, Gopalaswami had cited several instances of "partisan behaviour" on the part of Chawla who had shown "lack of political neutrality".
In a curious case of the right hand not knowing what the left is doing, the law ministry has released the letter written by then chief election commissioner N Gopalaswami to the president seeking removal of fellow election commissioner Navin Chawla while the Rashtrapati Bhawan had declined to make the document public.
The appellate authority under the Right to Information Act in the law ministry allowed the request of one SS Ranawat, a resident of Bhilwara in Rajasthan, for the unprecedented recommendation made by Gopalaswami in January last year. The Rashtrapati Bhawan had cited Chawla's opposition to the disclosure as a reason for not making it public.
In his 93-page report, Gopalaswami had cited several instances of "partisan behaviour" on the part of Chawla who had shown "lack of political neutrality".
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