Advocate Vivek Nasa

Supreme court: Interim Compensation u/s 143 Negotiable Instruments Act in Cheque Dishonour Cases is discretionary not Mandatory Negotiable Instruments Act, 1881 – s.143A(1) – Grant of interim compensation – Directory or mandatory: HELD : The power under sub-section (1) of Section 143A is discretionary, not mandatory. This sub-section allows for the issuance of an order for interim compensation against the accused in a complaint under Section 138, even before any determination of guilt. This power can be exercised at the initial stage, even before evidence is recorded. Interpreting the word ‘may’ as ‘shall’ would have severe consequences, requiring the accused in every Section 138 complaint to pay up to 20% of the cheque amount as interim compensation. Such an interpretation would be unjust and contrary to established principles of fairness and justice. It could also render the provision arbitrary and violative of Article 14 of the Constitution. Given the significant implications of exe...

Highly Qualified And Earning Wife Not Entitled To Maintenance From Husband: Delhi High Court The appellant's wife contested the Family Court's Principal Judge's order dated September 3, 2019, which denied her application for maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA). A Division Bench comprising Suresh Kumar Kait and Neena Bansal Krishna, JJ., found that the appellant's wife was not only highly qualified and capable of earning a living but was also already earning, though she was reluctant to disclose her income. As a result, the Court dismissed the appeal, stating that someone in her position could not be entitled to maintenance. Background The husband, the respondent, filed for divorce under Section 13(1)(ia) of the HMA after the couple, married on April 21, 2014, struggled with compatibility issues and disagreements. At the time, the wife was employed but resigned from her job on May 22, 2015, following the divorce petition's filing. Thoug...

DIVORCE UNDER HINDU MARRIAGE ACT 1955 Marriage is one of the most significant institutions in our culture. However, as one of the most intricate partnerships, it is challenging to maintain , especially in today’s times where there is an increasing tendency to seek divorces. This is where the Hindu Marriage Act (HMA) assists in preserving marriages and families from disintegration.   The Hindu Marriage Act, which came into force in the year 1955, aims to establish uniformity of laws among Hindus. It provides the legal framework required for individuals to file for a divorce under the Hindu Marriage Act, as per the sections stipulated by the law.   Marriages are among the most complex relationships, laden with emotional and financial investments. The purpose of this act is to safeguard the rights of both the bride and the groom as per the Hindu Marriage Act.   Application of the Hindu Marriage Act   (1) This Act applies—   (a) To any person who is a Hindu by r...