Marital Rape issue should be kept outside jurisdiction of court: J Sai Deepak to Delhi High Court
Advocate J Sai Deepak told the Delhi High Court that the issue of marital rape should be kept outside the jurisdiction of the courts.
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Advocate J Sai Deepak told the Delhi High Court that the issue of marital rape should be kept outside the jurisdiction of the courts.
Single-Judge Justice Dinesh Mehta observed that when there is already an existing remedy before the Appellate Authority, the petitioners cannot be allowed to directly approach the High Court.
NEW DELHI: The Supreme Court on Tuesday said it was taking up the national crisis triggered by the Covid-19 pandemic and did not intend to supplant the role being played by the executive or the high courts, which were striving to provide succour to the stricken and fearful citizenry in states. A bench of Justices D Y Chandrachud, L N Rao and S R Bhat said, “The suo motu cognisance taken by the SC was not in any manner intended to supplant the high courts, which have a valuable role in exercise of their powers under Article 226 to protect the fundamental rights as well as legal rights of ci...
Share This - "Nomenclature of the title of the petition filed before the High Court is immaterial." The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution. In this case, the appellant's contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before the High Court under Article 226 of the Constitution as only a revision in terms of proviso to sub-section (9) of Section 83 of the Wakf ...
The Madras High Court has recently held that Article 226 of the Constitution empowers the High Court to exercise its writ jurisdiction even at a pre-detention stage, if it is of the view that there...