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24/07/2024

Maintenance--A divorced wife is entitled to maintenance even if she is living in adultery--Section
125(4) CrPC would be applicable where marriage between parties subsists and not where it has
come to an end.
-- Code of Criminal Procedure 1973, Section 125(4)--A wife is not entitled to maintenance from her
husband if she is living in adultery, she has refused to live with her husband or they are living
separately by mutual consent--These conditions shall apply when matrimonial relations subsist and
not after divorce--Adultery is sexual in*******se of two persons, either of whom is married to a third
person--This supposes subsistence of marriage between husband and wife--Therefore plea that
divorced wife is not entitled to maintenance if she is living in adultery, is not acceptable.
HIMACHAL PRADESH HIGH COURT
Cr. MMO No. 56 of 2024
Reserved on: 09.07.2024
Date of Decision: 22.07.2024

16/01/2024

16/01/2024

Dishonour of Cheque--Report by handwriting expert would not be able to challenge the presumption under
Section 139 N.I. Act. -- Complaint under Section 138 Negotiable Instrument Act--Application filed by accused
seeking examination of hand writing expert for purpose of proving that body of cheque not filled up by him--Held,
whether the drawer filled in details on cheque or not, it would not affect presumption u/s 139 N.I Act, holding the
drawer accountable, even if someone else filled in other details in cheque--Therefore, evidence of handwriting
expert qua body of cheque, even if accepted, would not in any manner aid case of accused--Furthermore,
application was moved at a highly belated stage--Application dismissed.PUNJAB & HARYANA HIGH COURT
Rohit Kumar versus Kirpal Singh.CRM-M-61157-2023

16/01/2024

8-Year-Old Child Old Enough To Form Intelligent Preference As To With Whom She Wants To Stay: Punjab & Haryana HC Declines Mother’s Plea For Custody
Case Title: Rajwinder Kaur v. State of Punjab & Ors.CRWP-11206-2023

05/03/2023

where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant. Thus, the order of acquittal was set-aside and it was directed that the prosecution would proceed from the stage where it reached before the order of acquittal was passed.

BLS Infrastructure Limited vs Rajwant Singh
CRIMINAL APPEAL NOS. 657-664 OF 2023
(Arising out of SLP (Criminal) Nos.867-874 of 2020). Supreme Court

02/09/2022

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
Court held that the burden to prove his case by adducing evidence in support of his plea lies on a litigating party and the Court cannot compel a party to prove his case in the manner (undergoing DNA test) as suggested by the contesting party.
The court was dealing with a petition under Article 227 of the Constitution of India challenging an order whereby the Trial Court dismissed petitioner's application to get respondent's DNA test conducted in order to ascertain respondent's parentage by getting the same compared with the blood samples of the petitioners.
Sukhdev Singh Vs. Jaswinder Kaur
CR-432-2019 (O&M)
Decided on 17-08-2022.

31/08/2022

Does Third Party Insurance Cover Pillion Rider?Supreme Court Refers To Larger Bench

SC observed while reffering the matter to Larger bench "However, the question as to whether the third party includes all other persons other than the insured, who is the first party and the insurer, who is the second party. Therefore, all other persons who are neither the insured nor the insurer will be third party and will be covered by the Act Only policy, we have prima facie reservation about the view expressed. Such question is required to be determined authoritatively."

Mohana Krishnan S vs K.Balasubramaniyam & ors.
Special Leave to Appeal (C) No(s). 3433/2020
WITH SLP(C) No. 10928/2020 (XI-A)
Date of order : 25-08-2022

27/08/2022

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