Important Legal News | October 11

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Sikkim High Court Dismisses Sikh Body’s Plea to Restore Guru Granth Sahib in Gurudwara

In a significant ruling, the Sikkim High Court has dismissed a writ petition by Sri Guru Singh Sabha, a Sikh body, seeking the restoration of Guru Granth Sahib and other religious articles in a Gurudwara in Chungthang, Sikkim. The dispute dates back to 2017 when the articles were removed, sparking a legal battle.

The court cited multiple contested issues, including the ownership of the land, the removal process and the intentions behind the relocation. It also highlighted the state’s right to regulate religious activities in the interest of public order, health and morality. The complex case has been deemed unsuitable for resolution through Article 226 and should be examined in a civil court.

Supreme Court: ‘Irretrievable Breakdown’ Divorce Must Be Exercised with Caution

In a recent ruling, the Supreme Court of India clarified its discretion to grant a divorce based on the ‘irretrievable breakdown of marriage’ under Article 142 of the Constitution, even when one spouse opposes it. The Court, while emphasising the sanctity of marriage in Indian society, cautioned against adopting this as a standard formula for divorce. It stressed that marriages are deeply rooted in social norms and play a pivotal role, giving rise to various relationships in society.

The case under consideration involved an 89-year-old husband seeking divorce from his 82-year-old wife, who wished to continue their marriage. The Court refused the divorce, citing the wife’s willingness to care for her husband and her aversion to being labeled a ‘divorced woman.’ It concluded that allowing divorce in this context would be unjust, respecting the wife’s sentiments and maintaining the sanctity of marriage.

Supreme Court: Accused Cannot Submit Material at Framing of Charges

The Supreme Court of India has clarified that at the stage of framing charges, an accused does not have the right to produce additional materials or documents to contest their case. The Court emphasised that, during this phase, trial courts must rely solely on the chargesheet material provided by the prosecution and presume it to be true for determining the existence of a prima facie case.

The ruling came in response to an appeal concerning charges under the Prevention of Corruption Act, where the accused had sought discharge. The trial court had dismissed the discharge application, but the High Court quashed the order, leading to the Supreme Court’s clarification.

Delhi High Court Grants Divorce, Decries Denying Paternity of One’s Child

In a recent judgment, the Delhi High Court granted divorce to an estranged couple who had been living apart for over a decade. The court upheld the family court’s decision to grant divorce based on cruelty and criticised the husband’s behaviour when he denied the paternity of their child upon receiving a text message about the pregnancy.

The court noted that nothing could be more cruel than denying paternity and found the husband’s response unreasonable and unjustified. While emphasising the importance of mutual trust and compatibility in a marriage, the high court deemed the prolonged separation and the impossibility of reconciliation as an extreme form of cruelty, ultimately supporting the divorce granted by the family court.


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