Marital Law

Marital discord alone not basis for abetment of suicide charge: Bombay HC

A spouse cannot be accused of abetting the suicide of his or her partner merely because there was marital discord between the two, the Bombay High Court has said while quashing a case lodged against a woman for abetting the suicide of her husband. The HC's Nagpur bench, in its order passed last week, held that matrimonial discord is common in domestic life and suicide cannot be attributed to any of the spouses merely because there was a matrimonial dispute. It added that there has to be instigation or direct incitement from the accused to the victim to end life. "In such cases, it cannot be held that due to abetment from one partner the other committed suicide," the court said. The bench allowed the plea filed by a 49-year-old woman, a teacher by profession, seeking to quash the abetment of suicide case filed against her in 2019 by the Amravati police. A single bench of Justice Urmila Joshi Phalke said that in the present case both the husband and the wife had levelled allegations

India, Bangladesh exchange 90 fishermen at maritime boundary amid tension

In a mutual exchange between India and Bangladesh amid strained bilateral relations, the Indian Coast Guard (ICG) handed over 90 Bangladeshi fishermen for 95 Indian fishermen at the International Maritime Boundary Line, a Defence official said here. The Indian fishermen were handed over by the ICG to the district magistrate of West Bengal's South 24 Parganas near Sagar Island on Monday, he said. The operation was the result of mutual efforts of the Ministry of External Affairs (MEA), West Bengal government and the Indian Coast Guard (ICG) in maintaining maritime relations between India and Bangladesh, the Defence official said in a statement. He said that on December 9, 2024, ICG apprehended two Bangladeshi fishing trawlers FV Laila-2 and FV Meghna-5 with 78 fishermen on board, engaged in fishing within Indian waters. The Centre accorded approval for the repatriation of 78 crew members along with two Bangladeshi fishing boats and an additional 12 crew of sunken Bangladesh fishing b

Marital rape: Centre argues against terming it as 'rape' in Supreme Court

The Centre argued that the complexities of marriage differentiate non-consensual sex within it from similar acts outside while acknowledging a husband has no right to violate his wife's consent

SC to hear pleas against laws granting immunity to husbands in marital rape

The Supreme Court has said it listed for Tuesday pleas on the vexed legal question of whether a husband should enjoy immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench of Chief Justice DY Chandrachud and Justice JB Pardiwala said the pleas were already "listed tomorrow" and they would be taken up after some part-heard cases. The pleas for early listing were mentioned by senior advocate Karuna Nundy, appearing for a litigant in the case. On September 18, senior advocate Indira Jaising, appearing for one of the litigants, mentioned that the pleas needed to be heard urgently. The top court on July 16 agreed to list for hearing the pleas on the legal question. The Chief Justice had indicated that the cases might be taken up on July 18. Under the exception clause of Section 375 of the Indian Penal Code (IPC), now repealed and replaced by the Bharatiya Nyaya Sanhita (BNS), sexual intercourse or sexual acts by a man with his

Supreme Court bench to start hearing pleas on marital rape in mid-October

The Supreme Court on Friday said it would list pleas on the issue of marital rape for hearing in mid-October. The pleas raise the legal question of whether a husband enjoys immunity from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. A bench comprising Chief Justice D Y Chandarchud and Justices J B Pardiwala and Manoj Misra took note of the submissions of lawyer Karuna Nundy that the pleas needed to be heard. We are in midst of constitution bench hearings. We can list this after the constitution bench matters are wrapped up, the bench said and asked Solicitor General Tushar Mehta and other lawyers how much time they would take in advancing their arguments. I will take two days. This (issue) has social ramifications, the law officer said. A counsel for the petitioners said they would like to argue for three days. Then it can be listed for hearing in April next year! the CJI quipped and later said the pleas would be listed for hearing in .

Now, all women are entitled to safe and legal abortion: Supreme Court

The court also for the first time recognised marital rape under the MTP Act