Delhi High Court Denies Permanent Alimony to High-Earning Govt Officer, Upholds Divorce Based on Cruelty

 Case Summary (MAT.APP.(F.C.) 2/2024)

The Delhi High Court recently issued a landmark judgment impacting financially independent professionals in divorce proceedings. The Court upheld a divorce granted to a husband (an advocate) against his wife (a Senior Group 'A' Government Officer, IRTS) on the grounds of cruelty, while simultaneously rejecting the wife's claim for permanent alimony.

Key Findings & Legal Precedent:

Issue	Court's Ruling	Implication
Divorce	Granted to the Husband.	Found the Wife's actions, including severe abuse and filing complaints with high authorities to damage the Husband’s career, constituted legal cruelty.
Alimony	Denied to the Wife.	Ruled that alimony is for support, not a "severance bonus." Given the Wife's substantial and secure government income, she was deemed not dependent on the Husband.
Monetary Demand	Wife's persistent demand for a $50 Lakhs payout was noted.	The Court viewed this as a "monetary motive" and an act of bad faith to force a settlement, which negatively impacted her case.

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Impact for Professionals:

This ruling reinforces that for short-duration, childless marriages between high-earning spouses, the principle of financial independence is paramount. A substantial, secure income significantly reduces the legal basis for claiming permanent alimony.

𝐁𝐞𝐲𝐨𝐧𝐝 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟏𝟕𝟑: 𝐌𝐚𝐬𝐭𝐞𝐫𝐢𝐧𝐠 𝐭𝐡𝐞 𝐂𝐡𝐚𝐫𝐠𝐞 𝐒𝐡𝐞𝐞𝐭 𝐢𝐧 𝐭𝐡𝐞 𝐍𝐞𝐰 𝐄𝐫𝐚 𝐨𝐟 𝐈𝐧𝐝𝐢𝐚𝐧 𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐋𝐚𝐰

 On the 12th, hundreds of fresh law graduates were formally enrolled as advocates by the Bar Council of Kerala

. This two-day ceremony marks a pivotal moment — transitioning a cohort of dedicated students into officers of the court, ready to uphold the traditions of the Bar while navigating the complexities introduced by India’s new criminal and evidence laws: the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS).

As they step into the courtroom, they face a transformed legal landscape shaped by these reforms. Their induction is not just a personal milestone, but a crucial reinforcement of the State’s judiciary — bringing renewed energy to the pursuit of justice across Kerala’s courts.

For newly enrolled lawyers or seasoned practitioners adapting to the new code, a strategic approach to reading this document is now more critical than ever. It's no longer just about Section 173 of the CrPC; it's about navigating the enhanced procedural mandates of the BNSS.

1.     The Statutory Shift: CrPC to BNSS

2.     The 'Police Report' (Charge Sheet) was governed by Section 173(2) of the CrPC. This core principle of final reporting after investigation is largely retained, but the new law, the BNSS, has introduced key deadlines and obligations that redefine a 'perfect' charge sheet.

Old Law (CrPC, 1973)	New Law (BNSS, 2023)	Key Impact on the Charge Sheet
Section 173(2) (Police Report)	Section 193(3) (Police Report)	The core contents remain similar (names, nature of offence, evidence), but the surrounding procedural duties are stricter.
Supply of Documents	Section 193(6) (Supply of Documents)	Mandates the police to furnish the accused and the victim with copies of the Police Report, statements, and other documents within 14 days of taking cognizance. Delaying this now has a clear statutory timeline.
Status to Victim/Informant	Generally, no clear timeline	Section 193(3)(ii)
Digital Evidence	Governed by Section 65B of the Indian Evidence Act, 1872	The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaces. The new law (BSA) integrates the procedure, and the encourages electronic/digital filing (Sec. 530). The Certificate ( equivalent) becomes non-negotiable for admissibility.

2. The BNSS Checklist: A 5-Point Critique for New Lawyers

A robust review of a charge sheet in the new legal environment requires checking for compliance with the BNSS's enhanced mandates:

A. Mandatory Forensic Examination (Sec. 176 BNSS)

For any offence punishable with imprisonment for seven years or more, the Investigating Officer must ensure a forensic expert visits the crime scene to collect and record evidence.²

• Your Critique: If the offence is grave (e.g., murder, serious rape), is there an accompanying report or a record of the forensic expert’s visit? A failure here can significantly prejudice the prosecution's case.

B. Audio-Video Recording Compliance (Sec. 172 BNSS)

The promotes the use of audio-video electronic means for recording certain processes, including identification proceedings, search, and seizure.⁴

• Your Critique: For high-stakes searches/seizures, check the file for a memo confirming audio-video recording. This procedural safeguard is a key transparency measure; its absence can be a powerful defence point, challenging the integrity of the Panchnama (seizure memo).

C. The 14-Day Document Timeline (Sec. 193(6) BNSS)

The mandate to supply the Police Report and other documents (statements, exhibits) to the accused and the victim within 14 days of the Magistrate taking cognizance is an absolute right.⁵

• Your Critique: Has the deadline been met? Any delay, unless satisfactorily explained, could lead to procedural challenges or applications for expedited trial/document supply.

D. Consistency and Narrative Flow

This classic CrPC-era test remains the most potent tool. The charge sheet's narrative must be meticulously cross-referenced with all annexures.

Your Critique:

• Contradictions (The 'Lie'): Do the Section 161 witness statements contradict each other, or the final story?
• Omissions (The 'Gap'): Is there a key detail (e.g., weapon used, motive, time of incident) present in the FIR but conspicuously absent from the witness statements? Omissions are powerful impeachment tools during cross-examination.
• Corroboration (The 'Support'): Does the documentary/physical evidence (MLC, FSL report, site plan) genuinely support the prosecution's story, or is it neutral/contradictory?

E. Remand and Police Custody Audit (Sec. 47(3) BNSS)

The BNSS has changed the rules for police custody (PC), allowing the 15-day period of PC to be taken in whole or in part at any time during the initial 40 or 60 days of judicial custody (depending on the maximum sentence).⁸

• Your Critique: Ensure that the remand orders attached to the charge sheet comply with the new BNSS provisions and Supreme Court rulings (which still hold value for Pari Materia sections). Look for unwarranted or delayed requests for police custody.

Conclusion: The Modern Litigator's Edge

The BNSS represents a paradigm shift toward a process-driven, technology-integrated, and victim-centric criminal justice system.¹⁰ For the modern legal professional, reading a charge sheet is no longer a clerical exercise of tallying sections. It is a strategic audit:

1. Audit for BNSS compliance (Forensics, Digital Record, Timelines).
2. Audit for evidentiary gaps (Contradictions, Omissions).
3. Formulate a strategy for Discharge (Sec 227/239 CrPC equivalent in BNSS) based on the IO's failure to meet BNSS procedural rigor.

Mastering the charge sheet in the post-CrPC era is the single most important skill for a young lawyer seeking an edge in criminal practice. Adapt quickly, as the rules of the game have changed.

 

A New Era of Justice? Decoding the Laws Passed by India's Parliament

 In the last two weeks, the Indian Parliament has concluded its Monsoon Session, during which it passed several important pieces of legislation. Here are some of the key laws that have been approved:

1. The Promotion and Regulation of Online Gaming Bill, 2025

This bill, which passed in both the Lok Sabha and Rajya Sabha, aims to regulate the online gaming industry. It seeks to differentiate between games of skill and games of chance, with a primary objective of banning all online games that involve monetary transactions to curb addiction, financial fraud, and money laundering. The legislation also prohibits advertising for these games and restricts financial institutions from facilitating transactions for such platforms. The government has stated its intent to promote e-sports and online social games while regulating harmful money-based gaming.

2. Taxation Laws (Amendment) Bill, 2025, and Income-Tax (No. 2) Bill, 2025

Passed by the Lok Sabha, these two bills are intended to amend and consolidate the existing laws related to income tax. The specific details of the amendments aim to reform the country's tax framework.

3. The Indian Institutes of Management (Amendment) Bill, 2025

This bill was passed to facilitate the establishment of a new Indian Institute of Management (IIM) in Guwahati, Assam.

4. Merchant Shipping Bill, 2025

The Rajya Sabha passed this bill to amend the law related to merchant shipping. The details of the bill are intended to improve the regulatory framework for the shipping industry.

5. Constitutional and Political Bills

The Parliament also saw the introduction of several bills related to constitutional and political matters, though some have been referred to a joint committee for further scrutiny. One such bill is the Constitution (One Hundred and Thirtieth Amendment) Bill, 2025, which proposes the removal of a Prime Minister, Chief Minister, or other ministers from office if they are jailed for 30 consecutive days on serious criminal charges. This bill, along with two related pieces of legislation for Union Territories and Jammu and Kashmir, has been a subject of significant debate and protest from the opposition.

The Monsoon Session, which concluded on August 21, 2025, was marked by repeated disruptions and protests from the opposition, which led to lower-than-expected productivity in both the Lok Sabha and Rajya Sabha. Despite the disruptions, the government was able to pass a significant number of bills.

 #IndianParliament  #NewLaws #LegalReforms #IndianPolitics #ParliamentOfIndia

 

India's Legal Landscape: May 2025 Trends You Can't Ignore

 Cashless Treatment for Road Accident Victims

The Indian government has rolled out a cashless medical treatment scheme for road accident victims. Under this initiative, injured individuals can receive medical care up to ₹1.5 lakh for seven days at designated hospitals without upfront payments. This move aims to improve emergency healthcare accessibility and reduce financial distress for victims.

AI-Based Forest Monitoring System

Madhya Pradesh has become the first state in India to implement AI-powered forest surveillance, enabling real-time monitoring of illegal deforestation and encroachments. Using cutting-edge technology, authorities can track environmental violations more effectively, strengthening conservation efforts.

Approval of Greenfield Airports

The government has approved the establishment of Greenfield airports in Kota (Rajasthan) and Puri (Odisha), improving regional connectivity and boosting economic development. These airports are expected to enhance business opportunities and support tourism growth in their respective locations.

Supreme Court Upholds Employment Bond Validity

In a significant ruling, the Supreme Court has affirmed the validity of employment bonds, requiring employees to honor a minimum tenure or compensate employers with liquidated damages upon premature resignation. The judgment reinforces contractual obligations in employment agreements, ensuring legal clarity for businesses and professionals.

Revised TDS Rules for Professional Payments

New Tax Deducted at Source (TDS) regulations have come into effect, impacting payments to professionals, brokers, and landlords. The amendments adjust thresholds for deductions and revise remuneration limits for business partners, strengthening tax compliance measures in various sectors.

Explosive Changes in 2024! How Will the Waqf Amendment Affect You?

 The Waqf Amendment Bill, 2024 introduces significant changes to the Waqf Act of 1995, aiming to improve the management, transparency, and modernization of Waqf properties. Here’s a detailed breakdown:

Core Objectives

• Improved Management: Enhances efficiency and transparency in Waqf property administration.
• Modernization: Introduces technology-driven record management, including a centralized digital portal.
• Clarity & Streamlining: Refines definitions and procedures to reduce disputes and ambiguity.

Key Proposed Changes

• Composition of Waqf Boards: Includes non-Muslim members in the Central Waqf Council and state Waqf boards, sparking debate.
• Survey of Waqf Properties: Transfers responsibility from Survey Commissioners to District Collectors, raising concerns about government influence.
• Definition & Creation of Waqf:
• Removes "Waqf by user", a source of legal disputes.
• Limits Waqf declaration to individuals practicing Islam for at least 5 years.
• Government Properties: Clarifies that government-owned properties will not be considered Waqf, with Collectors determining ownership.
• Waqf Tribunals: Revises tribunal composition and appeal processes to the High Court.
• Technology Integration: Implements a centralized portal for Waqf property management.

Areas of Controversy

• Perceived Government Interference: Critics argue that the bill oversteps into religious affairs.
• Representation Concerns: The inclusion of non-Muslim members in Waqf boards remains highly debated.
• Authority of District Collectors: Expanded survey responsibilities raise concerns about potential misuse of power.

Political & Legal Developments

• The bill is currently under debate in Lok Sabha, with strong opposition from various political groups2.
• Legal experts and community leaders are closely monitoring its implications.
  

For official updates, refer to:

• PRS Legislative Research for detailed analysis.
• Government of India publications for official statements.
• News sources like The Hindu, The Indian Express, and Times of India for ongoing coverage.

  #WaqfAmendmentBill2024 , #WaqfAct1995Reform ,  #IndianWaqfChanges,  #WaqfModernizationIndia ,  #WaqfPropertyDebate

India Real Estate FDI: New Regulations and Investment Opportunities

 Funding a real estate project in India from abroad involves navigating several regulations and restrictions. Here are some key points to consider:

 Foreign Direct Investment (FDI) Regulations: FDI in the "real estate business" is generally not permitted in India. This includes activities like buying and selling real estate properties and real estate trading. However, FDI is allowed in construction development projects, such as the development of townships, housing, commercial premises, and infrastructure projects.

 Foreign Exchange Management Act (FEMA): FEMA regulates foreign exchange transactions in India. It provides guidelines for NRIs and foreign investors on how to invest in Indian real estate. Compliance with FEMA is crucial for any cross-border investment.

 Real Estate (Regulation and Development) Act (RERA): RERA aims to protect the interests of home buyers and ensure transparency in the real estate sector. It mandates project registrations, standardizes disclosure norms, and protects investors against fraudulent practices.

 Due Diligence: Conducting thorough due diligence is essential. This includes verifying land titles, ensuring compliance with local laws, and understanding the legal framework governing property ownership and transfer.

 Restrictions on Certain Types of Investments: Direct investment in real estate for speculative purposes is prohibited. However, investment in construction development projects that add value through construction or development is allowed.

 Approval and Documentation: Obtaining the necessary approvals and completing the required documentation is critical. This includes building and development plans, environmental clearances, and other regulatory approvals.

 Is Now the Right Time to Invest in India's Real Estate?

The question of whether to invest in real estate today is top of mind for many. Navigating India's dynamic property market requires careful consideration. Before you commit, here's a breakdown of key factors:

·       Market Trends: Analyze current property prices, supply and demand, and future forecasts. Some cities are thriving, while others may be stagnant.

·       Interest Rates: Understand how current and projected home loan interest rates impact affordability. Fluctuations can significantly affect your investment.

·       Investment Goals: Define your purpose: a primary residence or a pure investment property? This will guide your property selection and location.

·       Long-Term Perspective: Real estate is a long-term commitment. Be prepared for a multi-year investment horizon.

·       Regulatory Landscape: Stay informed about government regulations, tax implications, and property laws, as they can influence your investment.

Real Estate vs. Renting: Weighing the Pros and Cons

Real estate offers tangible benefits: ownership, potential appreciation, and tax advantages. However, renting provides flexibility, lower upfront costs, and shorter commitments.

The Bottom Line:

The decision to invest in real estate now hinges on your individual financial situation and long-term objectives. While property ownership is appealing, assess your financial readiness and commitment level. Thorough research and careful planning are essential for a successful real estate investment.

 By adhering to these regulations and conducting thorough due diligence, you can navigate the complexities of funding a real estate project in India from abroad.

 

India Budget 2025: Transformative Changes Revealed by FM Nirmala Sitharaman!

 1. No Income Tax up to Income of Rs 12 Lakhs, New Slab Rates for all

 FM Nirmala Sitharaman

Taxpayers benefiting Middle-Class

2. FM proposes to introduce the New Income Tax Bill next week

3. The New Bill be Half of the present Income Tax law in terms of chapters and words

4. TDS on Senior Citizen Rs 1 lakhs plus on interest TDS on Rent Rs 6 Lakhs onwards

5. 90 Lakhs filed updated returns Now you can file Income Tax Returns for past 4 years in ITR U

6. The focus is on inclusive development and boosting middle-class spending.

7. Budget aims to accelerate growth and unlock the nation’s potential.

8. Budget will initiate reforms in primarily 6 domains — taxation, urban development, mining, financial sector, power and regulatory reforms.

9. Plant with annual capacity of 12.7 lakh metric tons to be set up at Namrup, Assam

10. 3 dormant urea plants in the Eastern region had been reopened

11. Investment limit for #MSME classification to be made 2.5 times. Turnover limits for MSME classification to be doubled

12. Government to provide support to National Cooperatives Development Corporation for its lending operations for cooperative sector

13. Kisan Credit Card: Facilitates loans for 7.07 crore farmers. Loan limit will be increased from Rs3 lakh to Rs5 lakh under KCC

14. Boosts Footwear, Leather & Toys Industry!

15. New scheme for footwear & leather sector to create 22 lakh jobs, ₹4L Cr revenue & ₹1.1L Cr+ exports.

16. Toys sector to get a dedicated scheme to make India a global manufacturing hub!

17.  Announces 5-year mission to promote cotton production

18. 5 national centres will be set up for skilling in partnerships in manufacturing. Expansion of capacity in IITs - 100% increase in last 10 years. Additional infra will be created for 6500 more students in new IITs.

19. New Fund of Funds for Startups to be set up

20. Fresh contribution of another ₹ 10,000 crore, in addition to existing government contribution of Rs. 10,000 crore.

21. New Scheme for 5 lakh Women, Scheduled Castes and Scheduled Tribes first-time entrepreneurs

22. Centre of excellence in #AI for education to be set up with outlay of Rs. 500

23. To add 75000 medical seats in next 5 years

24. The government will establish a national institute of food technology, entrepreneurship and management in Bihar.

25. Centre will launch a 6-year programme for Atamnirbharta in pulses

26. Credit guarantee cover to be enhanced for MSMEs and start-ups

27. 75 thousand seats will increase in IIT

28. Cancer hospital will open in every district Broadband facility will be available in primary schools

29. The government will create a ₹1 lakh crore Urban Challenge Fund aimed at transforming cities into growth hubs. The fund will finance 25% of the cost of bankable projects, with an allocation of ₹10,000 crore for 2025-26.The remaining 50% will be funded through bonds, bank loans, and public-private partnerships (PPPs).

30. FM announces Dhan Dhanya Krishi Yojna in partnership with states. Scheme to cover 100 Districts. Says 1.7 crore farmers will be benefited.

31. A new scheme has been launched to offer term loans with a five-year tenure, benefiting 5 lakh women from SC/ST communities.

32. The Finance Minister announced a dedicated scheme for India’s footwear and leather sector, expected to generate employment for 22 lakh individuals, achieve a revenue of ₹4 lakh crore, and boost exports to over ₹1.1 lakh crore.

33. For the toys sector, the government will implement a scheme to make India a global manufacturing hub.

34. Saksham Anganwadi and Poshan 2.0 programs will provide vital nutritional support to 8 crore children, 1 crore mothers, and 20 lakh adolescent girls, focusing on lactating women, adolescent girls, and children.

35. 50.000 Atal Tinkering Laboratories (ATLs) will be set up in government schools in the next 5 years to foster scientific temper in young minds. Broadband connectivity is to be provided to all secondary schools.

36. Five National Centres ofExcellence for Skilling will be established to equip the youth with the necessary skills for global opportunities. The Finance Minister also promised global skilling partnerships to enable India to become a key player in global manufacturing.

37. The PM Swanidhi Scheme will be revamped with higher loan limits and the introduction of a ₹30,000 UPI-linked credit card. The government will also facilitate identity card issuance and registration on the e-Shram portal for gig workers, providing insurance coverage for nearly 1 crore workers.

38. 3-year pipeline of projects by states to be given that can be implemented in private-public partnership (PPP) mode. Each infrastructure-related ministry is to come up with a 3-year plan to be implemented in PPP mode. The outlay of ₹1.5 lakh crore is proposed for 50-year interest-free loans.

39. Extend Jal Jeevan mission with an enhanced outlay, focus on quality infrastructure and O&M. 15 crore households have been provided portable tap water access under Jal Jeevan Mission

40. 100GW nuclear enegery by 2047 is essential for energy transition

41. The modified UDAN scheme will be launched to connect 120 new destinations and cater to 4 crore passengers over the next 10 years.

42. India’s cities are set for transformation! The ₹1L Cr Urban Challenge Fund will fuel creative redevelopment, enhance water & sanitation infra, and turn cities into growth hubs. With ₹10K Cr allocated for FY 2025-26, the future of urban India looks ambitious!

43. hrust on investment in infrastructure continues with focus on PPP projects and asset monetization among others

44. Each infrastructure-related ministry to come up with a 3-year pipeline of PPP infra projects

45. Financial assistance will be provided for Western Kosi Canal Project in Mithilanchal region of Bihar

46. Focus Product Scheme for Footwear & Leather Sectors is expected to facilitate employment for 22 lakh persons, turnover of ₹4 lakh crore and exports of over ₹ 1.1 lakh crore

47. Scheme to Make India a Global Toys Hub; To create high-quality toys representing the Made In India brand

48. Mudra loans to be provided to homestays, says FM.

49. Medical tourism and ‘heal in India’ to be promoted in partnership with private sector. Top 50 tourism destination sites will be developed in partnership with states

50. Extension of Jal Jivan Mission till 2028, It started in 2019. 100% household receive clean water through tap.

51. The government will offer a national guidance framework to help states promote Global Capability Centres (GCCs) and enhance their growth.

52. Centralized KYC system soon

53. Jan Vishwas 2.0 bill to decriminalise over 100 provisions in existing laws.

54. Banks will be required to maintain a Grameen credit score for self-help groups to facilitate better financial access and support.

55. Govt to draft model bilateral investment treaty to attract foreign investment

56. Insurance FDI hiked from 74% to 100%

57. The revised estimate of the total receipts other than borrowings is Rs 31.47 lakh crore of which the net tax receipts are Rs 25.57 lakh crore.

58. Scheme to cover 100 districts with low productivity, moderate crop intensity and below-average credit parameters

59. 10,000 fellowships to be provided under the PM Research Fellowship scheme in next five years, for technological research in IITs and IISc

60. Investing in Research, Development and Innovation ₹ 20,000 crore for private-sector driven Research, Development and Innovation initiative announced in the July Budget

61. National Geospatial Mission to be launched to develop foundational geospatial infrastructure and data

62. India ranks second largest globally in fish production and aquaculture. Seafood exports are valued at 60,000 Crore Rupees. To unlock the untapped potential of the marine sector, the government will bring in an enabling framework for sustainable harnessing of fisheries from the Indian exclusive economic zone and high seas with a special focus on the Andaman and Nicobar and Lakshadweep Islands.

63. FastTrack Merger for companies

64. Propose removal of 7 tariff rates over an above those in removed in earlier budget. Only 8 tariff rates to remain after the new move.

65. Fiscal Deficit at 4.4% of GDP

66. Propose removal of 7 tariff rates over an above those in removed in earlier budget. Only 8 tariff rates to remain after the new move.

67. The threshold limit for TCS on LRS remittances has been increased from ₹7 lakh to ₹10 lakh.

68. The TDS threshold limit on rent has been raised to ₹6 lakh.

69. It is proposed to remove TCS on education loans up to ₹10 lakh from specified financial institutions.

70. The new income tax bill will retain nearly half of the existing provisions and introduce personal income tax reforms with a focus on the middle class. It will also rationalize the tax deducted at source (TDS) and tax collected at source (TCS) regime by reducing the number of rates and adjusting thresholds.

71. TCS on sales removed

72. A scheme to be introduced for determining arm's length price of international transactions for a block period of three years, to streamline transfer pricing and to provide an alternative to yearly examination

73. Tax exemption to be provided on withdrawals made from National Savings Scheme by individuals on or after 29th August 2024

74. Compliance burden for small charitable trusts & institutions to be reduced, by increasing their registration period from 5 years to 10 years

75. Taxpayers to be allowed to claim the annual value of two self-occupied properties as nil without any condition