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- Law Update -


Can't get a divorce because of infertility; it's harsh, says the Calcutta High Court The Calcutta High Court has declared that infertility is not a valid reason for divorce and that abandoning a woman who is dealing with infertility-related mental and physical health concerns is "mental cruelty." A man was having a case heard by the HC regarding his appeal for the dismissal of criminal charges brought against him after he filed for divorce, citing "persistent mental torment and agony" brought on by his wife, who was suffering from mental health issues as a result of primary infertility and premature menopause.

Consumer Dispute

The Supreme Court orders insurers to pay replacement costs rather than depreciated values for goods damaged by fire

The National Consumer Disputes Redressal Commission later reduced the order from INR 29,17,500 to INR 12,60,000, but the Supreme Court has upheld it. It was made by the State Consumer Disputes Redressal Commission of Punjab. Additionally, the interest rate was reduced from 9% to 7%. A Bench made up of Justices M.R. Shah and C.T. Ravikumar determined after reading the insurance policy that the insured was entitled to the reinstatement value rather than the depreciated value. It was determined that the insured was entitled to INR 29,17,500, which represented the reinstatement value, plus interest at a rate of 7% from the date of the State Commission's order in 2014 until the actual payment

Title Suit

Is the failure to produce the power of attorney fatal to the title suit?

Supreme Court's Verdict Was Split On Friday, the Supreme Court rendered a split decision in a case involving the argument that if a sale deed is signed based on a power of attorney, the plaintiff's case will be lost if the power of attorney is not produced in court. A bench made up of Justices M.R. Shah and B.V. Nagarathna rendered the decision. Justice Shah noted that the plaintiff had not submitted the Power of Attorney deed, but Justice Nagarathna felt that this did not make the plaintiff's case impossible to succeed. She pointed out that producing the original power of attorney is not necessary to prove that a sale deed was properly executed. According to Justice Nagarathna, the investigation allowed under the Registration Act of 1908 cannot go as far as asking whether the person who signed the document in his role as the principal's power of attorney actually had a legal power of attorney or not.


Wife Can File For Maintenance Under Section 125 of the Criminal Procedure Code Even After Receiving Alimony:

Punjab & Harynana High Court the case concerned a 1983 wedding between the parties. They began living apart in 1993 following a marital argument between the two. The husband paid Rs. 3 lac as full and final alimony settlement for his wife's and their two children's past, present, and future claims of maintenance pursuant to a written compromise established in 1993. However, the wife filed a Section 125 petition for maintenance in 2007, and the Additional Sessions Judge in Pathankot ultimately ruled in her favour in 2016. As a result of this decision, the wife was given maintenance at a rate of Rs. 15,000 per month. This infuriated the husband, who then filed the current petition under Section 482 of the Criminal Procedure Code to have the Additional Sessions Judge's Pathankot judgement set aside. The Punjab and Haryana High Court has noted that even though a wife has already received a lump sum payment from her husband as alimony, she may still submit a claim for maintenance under Section 125 of the CrPC.

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