Madhya Pradesh High Court
Well Qualified Wife Can't Sit Idle Just To Claim Maintenance From Husband: Madhya Pradesh High Court Reduces Quantum
The Madhya Pradesh High Court has held that a well qualified spouse, including the wife, cannot sit idle merely to claim maintenance from their partner.Justice Prem Narayan Singh observed,"A well qualified spouses should not be left idle or to remain idle basing on their maintenance amount received from their husband...Section 125 of Cr.P.C has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse."It thus...
Merely Filing Complaint Against Govt Authorities Not Defamation: Madhya Pradesh High Court
The Madhya Pradesh High Court has rejected the petition filed by a retired Air Marshal challenging dismissal of his defamation suit against fellow residents of his housing society, who had filed complaints against him to the Collector.Justice Subodh Abhyankar sitting at Indore reviewed the documents, including the respondents' complaint and subsequent communications from the Co-operative Inspector and held that merely filing a complaint against a government authority cannot amount to...
MP HC Bins Plea Challenging Probe Into Illegal Toll Tax Collection By Gram Panchayat, Flags Ambiguity Over Types Of Vehicles In Statute
The Madhya Pradesh High Court has dismissed a writ petition filed by the Gram Panchayat Hargarh, challenging the Sub Divisional Officer's directive to investigate illegal toll tax collection. The Panchayat had sought to quash the letters dated April 13 and 21, 2023, which prompted the enquiry into tolls imposed by the Panchayat on vehicles entering the area.Justice Vishal Dhagat examined Entry 8 of Schedule II under Section 77-A(2) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, which...
Loan Taken Voluntarily By Spouse After Separation To Bring Down Net Salary Cannot Be Considered While Calculating Quantum Of Maintenance: MP HC
The Madhya Pradesh High Court at its Indore bench held that loan deductions, voluntarily undertaken by the respondent after the couple's separation cannot be grounds for not enhancing the monthly payment of maintenance under Section 125 CrPC.Justice G. S. Ahluwalia, in a matter regarding increasing the maintenance under Section 125 of CrPC, stated that “So far as the loan is concerned, it is clear that it is a voluntary deduction and the amount in lump sum was already received by the respondent...
Question Of Paying Maintenance To Parents Doesn't Depend On How Much Property Has Been Given To Children: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that the question of a child paying maintenance to their parents does not depend on how much property was given to the child by the parents and that it is the duty of children to maintain their parents.A bench of Justice G.S. Ahluwalia was dealing with a writ petition challenging a maintenance order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Petitioner contended that he was not liable to provide maintenance to his mother...
Garlic– Vegetable Or Spice In MP Krishi Upaj Mandi Law? High Court Upholds Order Reclassifying Garlic As Vegetable In Bye Laws
The Indore bench of the Madhya Pradesh High Court in a recent order discussed the classification of garlic–as a vegetable or as a spice–under the state's agricultural produce market law. The high court allowed a review plea filed by petitioner–Aaloo Pyaj Commission Agents which trades in garlic, and set aside an earlier order that curtailed the authority of the Managing Director of the Madhya Pradesh State Agricultural Marketing Board to amend by-laws regarding the trade of...
Ordinance Amending Time To Move No Confidence Motion Regarding Municipal Council Head's Tenure Is Retroactive: Madhya Pradesh High Court
The Madhya Pradesh High Court has quashed an order calling for a no confidence motion meeting in connection with the post of President, Municipal Council under the Madhya Pradesh Municipalities Act, noting that the ordinance promulgated subsequently extending the tenure from 2 to 3 years before such a motion is passed would have retroactive application.This case pertained to whether the right to contest elections is statutory or substantive, and whether the ordinance in question applies...
MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt
The Gwalior bench of the Madhya Pradesh High Court in a plea against lease termination and subsequent demolition of certain shops in 2022 expressed its displeasure with the then Collector, Gwalior for "giving a lame excuse" that since he was not a party to the matter he was unaware about the court's interim order protecting the shopkeepers from dispossession. The high court while stopping short of issuing contempt to the official cautioned him not to repeat such an act in future.A division...
[S.13B HMA] Inconvenience Of Parties To Appear Before Court Not Ground To Waive Off Cooling Period For Mutual Divorce: MP High Court
The Madhya Pradesh High Court has held that inconvenience of parties to appear before the Court cannot be a ground to waive off the six-month statutory cooling-off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 (HMA), before grant of divorce by mutual consent.The petitioner sought dissolution of his marriage through mutual consent and submitted that since both the parties are required to stay out of station in connection with their work, therefore they are facing...
[POSH Act] Transfer Of Accused Merely Due To Pendency Of ICC Proceedings Without Any Recommendations Is Unjustified: Madhya Pradesh High Court
The Madhya Pradesh High Court recently quashed an order transferring a sub-inspector–against whom allegations were made under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act (POSH), observing that the transfer was made merely because the internal complaints committee proceedings were pending is unjustified. A single judge bench of Justice Vivek Jain, in its order observed, "The transfer of the petitioner is not on the ground of any administrative...
MP High Court Seeks Response From AG's Office Over Inaccurate Information Regarding Whereabouts Of Accused In Human Trafficking Case
The Madhya Pradesh High Court at Jabalpur presided over by Justice Sanjay Dwivedi, raised concerns regarding the accuracy of information provided by the Office of the Advocate General in the case involving Dr. Ajai Lall, a Christian Missionary. The case revolves around allegations of human trafficking and other serious offences, including improper adoption of children through Lall's Aadharshila organization in Damoh, Madhya Pradesh.The Office of the Advocate General had informed the court that...
[S.13 HMA] Marriage Of Minor Girl With Major Male May Cause Physical & Mental Crutely, Can Be Used As Grounds For Divorce: MP High Court
The Madhya Pradesh High Court at its Indore bench held that in cases where a minor female has been married to a major male, their marriage could be declared voidable under Section 13 of the Hindu Marriage Act, 1955 (HMA).Justice Vivek Rusia and Justice Binod Kumar Dwivedi stated that even if the remedy is not present under Section 11 or 12, under Section 13 of HMA, divorce can be claimed on grounds of the minor woman being married to a major and it will fall under the term cruelty.“Even...