Advocate Kanchan Talreja

18/03/2022

Let this Holi, unite and paint our hearts with the colors of happiness this Holi! Wishing one and all a Very Happy Holi!

09/03/2022

https://lawtrend.in/court-says-wife-having-capacity-to-earn-cannot-sit-idle-at-home-and-burden-husband-know-more/

Delhi: The court ordered a woman to look for work, stating that she was qualified and capable and should not place a financial burden on her estranged - alimony, divorce - Law Trend

08/03/2022

04/03/2022

https://www.latestlaws.com/case-analysis/sc-no-need-of-consent-of-both-parties-to-grant-divorce-decree-under-art-142-read-judgement-183133/?fbclid=IwAR11HuFDNaHOu31GwvXIx8bcpozgDoSbV_o3lDxPTvZqd1m-hYKvmyuWOA4

SC: No need of consent of both parties to grant Divorce Decree under Art. 142, Read Judgement

23/02/2022

https://lawtrend.in/can-a-wife-who-has-not-accepted-alimony-and-has-filed-an-appeal-claim-maintenance-u-s-125-crpc-answers-allahabad-hc/

Recently, the Allahabad High Court allowed a claim for maintenance of a wife u/s 125 of CrPC even though the Family Court had already the divorce decree - Allahabad High Court, divorce, maintenance - Law Trend

04/02/2022

https://www.livelaw.in/top-stories/supreme-court-single-judge-refers-to-larger-bench-plea-to-annul-marriage-on-mutual-consent-invoking-article-142-191127

The issue whether a single judge of the Supreme Court can exercise powers under Article 142 of the Constitution to pass a decree of divorce on the basis of mutual consent has been referred to a...

31/01/2022

Neither an Innocent be Punished nor Guilty to Go Scot-Free, Allahabad HC Reverses Death Penalty

Case :- CAPITAL CASES No. - 11 of 2021
Appellant :- Najeeruddin
Respondent :- State of U.P.

Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.

The court directed:

For all the reasons recorded above, we reject the reference for confirmation of death penalty and set aside the judgment and order of conviction and punishment /sentence passed by the court below with direction to the trial court for a de novo consideration from the stage of examination of the appellant under Section 313 Cr.P.C in the light of the observations made above. This shall be without prejudice to the right of the prosecution to call/recall a witness or witnesses to prove the recovery made from the scene of the crime by the Field Unit Team as also to produce the items recovered by Field Unit Team as well as the Investigating Officer so as to connect/ link the forensic reports with the items seized / recovered. Likewise, it shall also be open for the appellant to apply for recall of any of the prosecution witness or witnesses or to produce expert report in rebuttal, if so advised. If any such recall application is filed the same shall be considered on merit without being prejudiced by earlier rejection of application 37 Kha. The matter shall, thereafter, be decided on the basis of available material on record, in accordance with law. It is expected that the trial shall be completed expeditiously and that all parties shall cooperate in that effort.

25/01/2022

https://www.livelaw.in/news-updates/delhi-high-court-family-courts-encourage-settlement-between-parties-justice-190178

The Delhi High Court has observed that the Family Courts are expecte

17/01/2022

https://www.hindustantimes.com/india-news/delhi-high-court-annuls-16-year-marriage-as-wife-conceals-her-mental-health-issues-101640374701666.html

Allowing his plea, the high court said that the husband’s life has been ruined and he has remained stuck in the relationship for 16 years without any resolution

17/01/2022

https://www.livelaw.in/news-updates/restitution-conjugal-rights-cant-force-wife-cohabit-husband-court-decree-gujarat-high-court-188543

17/01/2022

SC:Anticipatory Bail - Anticipatory bail granted, essentially with generalised observations and without adverting to relevant considerations and material, is set aside.

Grant of - Appeal - Anticipatory bail granted, essentially with generalised observations and without adverting to relevant considerations and material circumstances of case - However, since respondents surrendered and taken into custody, all aspects related with grant of anticipatory bail practically rendered redundant - Therefore, in view of facts, Supreme Court through inclined to allow appeals and to set aside impugned orders for anticipatory bail, left it open for respondents to apply for regular bail during pendency of trial.

Case:
Sanjay Kumar Gupta Vs. State of Uttar Pradesh.