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  • Mere Aggressive Behaviour Of Wife Not A Ground Of Divorce: Punjab and Haryana High Court

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Mere Aggressive Behaviour Of Wife Not A Ground Of Divorce: Punjab and Haryana High Court

Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:2927

                                            It has to be candidly conceded by all of us that a Division Bench of Punjab and Haryana High Court comprising of Hon’ble Mr Justice Rakesh Kumar Jain and Hon’ble Mr Justice Harnaresh Singh Gill in a latest, landmark and extremely laudable judgment titled Ravinder Yadav Vs Padmini @ Payal in FAO-M-126-2019 (O&M) delivered on May 17, 2019 has categorically and convincingly held that mere aggressive behaviour and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home. Thus we see that the Punjab and Haryana High Court in this case dismissed a matrimonial appeal filed by a husband. The Division Bench was considering an appeal filed by a man against the Family Court order which dismissed his petition.

                       While the ball is set rolling in the first para of this notable and praiseworthy judgment authored by Hon’ble Mr Justice Harnaresh Singh Gill for himself and Hon’ble Mr Justice Rakesh Kumar Jain wherein it is pointed out that, “By way of present appeal, appellant-Ravinder Yadav has assailed the judgment and decree dated 03.04.2019 passed by the District Judge, Narnaul, vide which his petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) against respondent-Padmini @ Payal was dismissed.” The appellant thus wanted the Division Bench of High Court to review the judgment and decree which went against him!

                        To recapitulate, it is then pointed out in the next para that, “The facts which need to be elaborated are that the marriage of the appellant and the respondent was solemnized on 09.03.2015 as per Hindu rites and ceremonies. The marriage was consummated but no child was born out of the said wedlock. As per the allegations in the petition, the respondent-wife always imbibed with independent and modern thoughts posing herself to be a broad minded lady. Right from the next day of marriage, respondent started quarrelling with the appellant and his parents and threatened them to do everything under her command. The respondent flatly refused to perform household work and alleged that if she was compelled to do so, she would commit suicide and create problems for appellant and his family members. It was alleged that the respondent used to consume liquor and take drugs and had illicit relations with one Kuldeep Shekhawat. She was in the habit of leaving matrimonial home without informing the appellant and his family members and on asking, she used to say that nobody was allowed to interfere in her personal life. The respondent often used to make phone calls on mobile No. 9521677437 (at some places the mobile number is mentioned as 9621677437) and whenever the appellant called her she would remain busy on whatsapp and facebook with strangers and friends. The respondent even refused to share bed with the appellant which had caused mental cruelty to him. As per the appellant, the respondent left her matrimonial home on 17.04.2015 without informing him and his family members. On 06.05.2015, her father along with other respectable came to the appellant’s place and used bad words against him and his family members. The respondent also broke the Mangalsutra (Necklace) in the presence of the Panchayat members and flatly refused to live with the appellant as his wife and left her matrimonial home on 13.05.2015.”

                                          Needless to say, it is then pointed out in the next para that, “On the other hand, the respondent-wife, though admitted the factum of marriage yet specifically denied that she had ever raised her voice, rather asserted that she had followed all the social and religious customs in her matrimonial home. She alleged that the appellant is M.Sc., M.Ed. qualified and was doing job in a private school. It is also alleged that the appellant used to pressurize the respondent to bring more money from her parents and asked her parents to sell their land, but the respondent and her father did not accede to such demand of the appellant. It was the appellant and his parents, who harassed the respondent physically and mentally and used to call a Tantrik for doing black magic upon her. She had denied the factum of attempting to commit a suicide. She used to prepare the food for the appellant and his family members at proper time and used to serve the guests as well. It was also denied by the respondent that she was a wanderer or used to consume liquor or drugs. The incident dated 06.05.2015 was admitted by the respondent as her family members came to drop her back to her matrimonial home. However, she was never accepted by the appellant and his family. They tortured her and ultimately she was turned out of her matrimonial home.”

                            As things stand, it is then pointed out in the next para that, “In the present case, issues were framed on 09.05.2017 and the appellant had examined as many as five witnesses along with his mother, namely, Bhatteri Devi as PW-2.”

                   Moving on, it is then illustrated in the next para that, “On the other hand, respondent had appeared into the witness box as RW-1 along with his father and other witnesses. After taking into consideration the evidence on record, the petition under Section 13 of the Act was dismissed on the ground that marriage was solemnized on 09.03.2015 and the respondent-wife had been residing with her parents since 13.05.2015 and the present petition was filed by the appellant-husband on 25.02.2016. It was, thus, held that the allegations of cruelty remained unsubstantiated.”  

                                          After hearing both sides, it is then held in the next para that, “We have heard learned counsel for the parties and are of the view that there is no infirmity and illegality in the impugned judgment and decree passed by the trial Court.”

                                    Furthermore, it is then held in the next para that, “PW-3, namely, Vartika, in her cross examination had testified that the respondent was having illicit relations with one Kuldeep Shekhawat and his name was told to her by her friend Raveena. This witness further stated that she had come in contact with the respondent while studying and staying as a Paying Guest and had made a complaint to the owner of the P.G. regarding the behavior and conduct of the respondent-wife. Neither the owner of the P.G. stepped into the witness box to throw light on the said aspect nor any link evidence in this regard was led. Thus, the oral evidence of Vartika, PW-3 will not advance the cause of the appellant/petitioner.”

                                        What’s more, it is then pointed out in the next para that, “Though it is an admitted fact, as it had come through oral testimony, that the respondent-wife has been residing separately since 13.05.2015, but to our mind, it is the appellant, who alone is instrumental in ensuring that the respondent-wife stays away from her matrimonial home and there is no intentional cessation of cohabitation on the part of the respondent-wife nor there is any intention to desert the appellant-husband.”

                                         It cannot be lost on us that it is then made clear in the next para that, “The statutory period of two years of desertion, as envisaged under the Act, immediately preceding the presentation of the petition, had not expired, before the filing of the divorce petition by the appellant. At this stage, it would be relevant to consider Section 13(ia) and (ib) of the Act which reads as under:-

  1. Divorce

(1) Any marriage solemnised, whether before or after the commencement of this Act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party

[(i) xxx          xxx               xxx

[(ia) has after the solemnization of the marriage, treated the petitioner with cruelty; or

[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or”

                                        To be sure, we thus see that it is then laid down explicitly in the next para that, “In Section 13(1)(ib) of the Act, it has been specifically laid down that desertion is to be considered for the continuous period of not less than two years, immediately preceding the presentation of the petition.”

                                         As it turned out, it is then held in this new para that, “In the case in hand, the respondent-wife has allegedly left her matrimonial home on 13.05.2015 and the present petition was filed on 25.02.2016, thus, on the date of filing of the divorce petition, the statutory period of two years had not expired. Thus, the present divorce petition had rightly been rejected on this count by the Court below.”

                                       To say the least, it is then held that, “Thus, the relief of divorce was denied because the legislation in its wisdom had framed the Act on the basis of “fault theory” and “break down theory” which was not proved in the present case.”

                                     To put things in perspective, it is then pointed out that, “In Rajni Goyal versus Amit Kumar 2015 (2) R.C.R. (Civil) 871, the Hon’ble Court has held that “adultery is a serious charge and has to be proved beyond reasonable doubt. But at the same time it is difficult to procure direct evidence for procuring such a charge. It is only from the circumstances that an inference can be drawn that the spouse against whom complaint has been made was leading an adulterous life”.”               

                          More importantly, it is then held that, “To our mind, in the present case there is ordinary wear and tear of the married life of the parties, which happens in day to day life. Mere aggressive behavior and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home.”

                          To put it succinctly, it is then aptly pointed out that, “It has been held by the Apex Court in Samar Ghosh versus Jaya Ghosh, 2007 (2) R.C.R. (Criminal) 515 that the concept of cruelty differs from person to person, depending upon his or her upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system. Therefore, it is essential for the party claiming the relief to prove that a particular conduct or behaviour has resulted into cruelty to him or her. The aggrieved party has to make specific case that the conduct of the spouse had caused cruelty to him/her. It is for the Court to weigh the gravity of alleged cruelty. It has to be seen whether the conduct was such that no reasonable person would tolerate it.”

                           Finally and perhaps most importantly, it is then very rightly held that, “In the present case, no cogent evidence has been placed on record that the behaviour of respondent is uncalled for. Regarding relationship of respondent-wife with Kuldeep Shekhawat the same had not been proved and above all Kuldeep Shekhawat had not been arrayed as party in the divorce petition so that he could join the proceedings and some light could have been thrown on the allegation. As a matter of fact adultery cannot be considered without impleading the alleged adulterer as per Rule 10 of Hindu Marriage (Punjab) Rules, 1956. Rather unsubstantiated and uncorroborated testimony associating the respondent with adulterer has caused mental cruelty to the respondent. Thus nuptial knots cannot be allowed to be broken on these types of unfounded allegations of cruelty, physical or mental. In view of the above, we do not find any illegality or infirmity in the order passed by the learned trial Court, which may warrant interference by this Court in the present appeal. Hence, the present appeal is dismissed. No order as to costs.”

                                In conclusion, the Division Bench of Punjab and Haryana High Court has made it explicitly clear in this latest, landmark and extremely laudable judgment that mere aggressive behaviour of wife cannot be a ground for divorce. There have to be strong grounds on which divorce can be granted. Just mere allegations of adultery also are not sufficient to constitute a ground of divorce. It must also be proved beyond a shadow of doubt for it to be admissible in a court of law. It was held in this case that the husband failed to produce cogent evidence against the wife and therefore his petition for divorce on the ground of cruelty was rejected! It was also very rightly held that mere aggressive behaviour wife and sadness of mood of wife does not mean that the wife is spoiling the atmosphere of her matrimonial home! Very rightly so!


Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:2927

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Parliament Rightly Makes Triple Talaq Criminal But...
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No Tax Deduction from Motor Accident Compensation ...
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Iyal Isai Nataka Mandram should abide by the time ...
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Transitory Committee to be formed for Indian Arche...
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Outlawing Of Triple Talaq Is Highly Commendable...
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Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:1491
M Kavitha’s suspension to be reviewed...
09 Aug 2019     Views:2192
SC: Adverse Possession owing to Title over Propert...
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Regulation of Online streaming contents out of the...
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Constitution Cannot Be Above Country Come What May...
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Ocean waves to be our new energy source...
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Victim Has A Right To Assist The Court In A Trial ...
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Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1843
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:1745
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:1554
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1618
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:1793
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:1723
History-sheeter kidnaps and rapes a College Studen...
06 Aug 2019     Views:1782
No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1971
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:1542
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1842
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1740
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1819
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:1526
Special Olympics International Football Championsh...
03 Aug 2019     Views:1445
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2109
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1854
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2119
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1645
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1497
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1535
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5802
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2376
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1558
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1593
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1822
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1516
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:1552
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1463
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1832
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1986
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1482
Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1375
Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
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How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2802
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1409
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1706
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:5118
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2787
My Unflinching Faith In CJI Stands Fully Vindicate...
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Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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18 May 2019     Views:1426
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3578
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2898
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1695
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3301
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2626
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3266
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2503
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2754
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2833
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2096
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2213
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
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Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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How to get Divorce for Muslim Men ...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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SLP Against Death Sentence Shall Not Be Dismissed ...
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SC Allows Live-Streaming Of Public Proceedings In ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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Legal Article Now Bar Council ID Card Is Valid Id...
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23 Oct 2018     Views:3856
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
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NDPS Bail Conditions Discriminatory, Irrational An...
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People Without A Degree Performing Surgeries: Utta...
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MP HC To Debar Members/Office Bearers Of Bar Counc...
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Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
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Victims Of Crime Can Seek Cancellation Of Bail: MP...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2188
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2159
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
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How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2447
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:2033
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1902
SC Advocates Creating A Special Law Against Lynchi...
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Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3270
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3117
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2398
Uttarakhand High Court Passes String Of Directions...
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SC Finally Decides Master Of Roster Case...
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Stone Pelters And Terrorists Have No Right To Life...
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Remove Designations Like Police, HC, Journalist, A...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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29 Jun 2018     Views:2746
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3177
Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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05 Jun 2018     Views:1872
Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
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Finance Act-2018 And Customs Act-1962 (Amendments)...
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Why No Death Or Life Term For Corruption?...
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Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1694
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2179
Why Has Stone Pelting Been Legalised In Kashmir?...
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Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1635
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1617
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
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New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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2G Scam : The 2G Scam and much more...
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