Latest news with #Joshi-Phalke
Time of India
15-07-2025
- Time of India
Marriage declared null & void, but wife can still claim maintenance under Domestic Violence Act: Bombay HC
Nagpur: The Nagpur bench of Bombay High Court ruled that a woman whose marriage was declared null and void by the family court is still entitled to maintenance under the Protection of Women from Domestic Violence (DV) Act. Tired of too many ads? go ad free now This reaffirms that annulment does not dilute a woman's rights under protective legislation. Justice Urmila Joshi-Phalke dismissed a criminal revision plea filed by a Jaripatka-based private sector employee, who challenged the lower courts' decision ordering him to pay ₹5,000 in monthly maintenance, ₹2,000 in house rent, and ₹50,000 as compensation to his estranged wife. The man contended that since his marriage was annulled ex parte by a family court in 2017, the woman ceased to be his wife and was therefore not entitled to maintenance. Rejecting this argument, the court observed that the family court's decree of nullity was passed without the wife's presence and was based entirely on unsubstantiated claims made by the petitioner. "When a husband levels serious allegations of such a nature, the onus on him is very heavy," Justice Joshi-Phalke noted, adding, "in ex parte proceedings, the plaintiff retains the burden of proof". The man alleged that the woman concealed a prior relationship before marriage on November 6, 2016, and used this claim as basis for annulment. However, the court found his statements vague and without corroboration. "He neither examined any witnesses nor produced any solid proof. His evidence is not specific," the judge remarked. The woman had moved a complaint under the Domestic Violence (DV) Act in Katol magistrate court, citing mental abuse, insult, and restrictions imposed on her communication with her parents. She said she was forced to leave the matrimonial home and return to her parental house due to mistreatment, and since no provision for her maintenance was made by her husband, she was entitled to relief under DV Act. Tired of too many ads? go ad free now The high court affirmed the earlier rulings of the magistrate and sessions courts, upholding her entitlement to maintenance despite the annulment. "Considering the fact the wife has no source of income to lead her life, the family court granted compensation. I do not find any illegality in the order," Justice Joshi-Phalke concluded. Key Takeaways from Bombay High Court Ruling: Ex parte annulment based solely on vague or unsubstantiated claims carries limited legal weight Burden of proof lies on husband in such cases, particularly when making serious allegations Relief under Domestic Violence Act is not contingent on legal status of marriage Protective legislation remains applicable if evidence of abuse or abandonment is credible
Time of India
21-06-2025
- Politics
- Time of India
HC: Organised crime grave economic & security threat
Nagpur: Organised crime is not limited by borders and has a devastating impact on the country's economy and internal security by enabling terrorism , Nagpur bench of Bombay High Court observed while overturning a lower court order that denied police custody of a member of a crime syndicate. Justice Urmila Joshi-Phalke, while granting seven-day police custody to Lalu Yadav , 33, under the stringent Maharashtra Control of Organised Crime Act (MCOCA), said, "organised crime is a serious threat to society and is fuelled by illegal wealth generated by contract killing, extortion, narcotics trade, ransom kidnappings, money laundering, and protection rackets." The court rejected the special MCOCA court's May 3 ruling, which denied police custody on the limited ground that the probe was focused on tracing bank accounts and property. Justice Joshi-Phalke said the special court failed to consider crucial aspects of the investigation, including the accused's ongoing role in a larger organised crime syndicate. "MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established," the judge said. "Black money generated by organised crime has had a serious adverse effect on our economy. These syndicates have made a common cause with terrorist gangs," the court said, while affirming that MCOCA empowers agencies to intercept communications and pursue complex networks that threaten national security. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The oldest stars whose fans don't even know they're still alive Reportingly Undo The court was hearing a revision plea filed by the state against the lower court's refusal to grant police custody. Yadav was arrested in a March 14 assault case registered in Yerla, Kalmeshwar, where he and a co-accused allegedly attacked a man with a sickle. Though the case was initially registered under Bhartiya Nagrik Suraksha Sanhita (BNSS), further investigation revealed a pattern of serious, repeat offences allegedly committed for pecuniary gain — prompting the application of MCOCA. The prosecution submitted that Yadav had at least nine criminal cases against him, with seven still pending. "He is a repeat offender operating for economic gain. His actions fit the definition of continuing unlawful activity under MCOCA," the state counsel contended, while urging custodial interrogation to investigate deeper links within the crime syndicate. The high court agreed, stressing that even if an individual may not have committed a particular act of organised crime directly, their nexus with a syndicate or with repeated unlawful acts could still justify invoking MCOCA. "A nexus with the crime syndicate is enough to attract the Act," Justice Joshi-Phalke said, citing Supreme Court's precedent in the Ranjitsing Brahmajeetsing Sharma case. She ruled that police must be given a fair opportunity to probe syndicate structures, pecuniary trails, and unlawful activities under the wider framework of MCOCA. "In light of the legislative intent, denial of custody would amount to frustrating the purpose of the law," the court said while quashing the lower court's orders.
Time of India
21-06-2025
- Politics
- Time of India
Organised crime knows no boundaries, fosters terrorism & wrecks economy: Bombay HC
Nagpur: Organised crime is not limited by borders and has a devastating impact on the country's economy and internal security by enabling , Nagpur bench of Bombay High Court observed while overturning a lower court order that denied police custody of a member of a crime syndicate. Tired of too many ads? go ad free now Justice Urmila Joshi-Phalke, while granting seven-day police custody to , 33, under the stringent Maharashtra Control of Organised Crime Act (MCOCA), said, "organised crime is a serious threat to society and is fuelled by illegal wealth generated by contract killing, extortion, narcotics trade, ransom kidnappings, money laundering, and protection rackets." The court rejected the special MCOCA court's May 3 ruling, which denied police custody on the limited ground that the probe was focused on tracing bank accounts and property. Justice Joshi-Phalke said the special court failed to consider crucial aspects of the investigation, including the accused's ongoing role in a larger organised crime syndicate. "MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established," the judge said. "Black money generated by organised crime has had a serious adverse effect on our economy. These syndicates have made a common cause with terrorist gangs," the court said, while affirming that MCOCA empowers agencies to intercept communications and pursue complex networks that threaten national security. The court was hearing a revision plea filed by the state against the lower court's refusal to grant police custody. Yadav was arrested in a March 14 assault case registered in Yerla, Kalmeshwar, where he and a co-accused allegedly attacked a man with a sickle. Though the case was initially registered under Bhartiya Nagrik Suraksha Sanhita (BNSS), further investigation revealed a pattern of serious, repeat offences allegedly committed for pecuniary gain — prompting the application of MCOCA. Tired of too many ads? go ad free now The prosecution submitted that Yadav had at least nine criminal cases against him, with seven still pending. "He is a repeat offender operating for economic gain. His actions fit the definition of continuing unlawful activity under MCOCA," the state counsel contended, while urging custodial interrogation to investigate deeper links within the crime syndicate. The high court agreed, stressing that even if an individual may not have committed a particular act of organised crime directly, their nexus with a syndicate or with repeated unlawful acts could still justify invoking MCOCA. "A nexus with the crime syndicate is enough to attract the Act," Justice Joshi-Phalke said, citing Supreme Court's precedent in the Ranjitsing Brahmajeetsing Sharma case. She ruled that police must be given a fair opportunity to probe syndicate structures, pecuniary trails, and unlawful activities under the wider framework of MCOCA. "In light of the legislative intent, denial of custody would amount to frustrating the purpose of the law," the court said while quashing the lower court's orders. Key Takeaways from Bombay High Court Ruling MCOCA can be invoked even if direct crime involvement is absent, but syndicate nexus is established. Illegal wealth and black money generated by organised crime has had a serious adverse effect on our economy. Crime syndicates have made a common cause with terrorist gangs Lower court erred by focusing on financial investigation grounds for police custody. Continuing unlawful activity with pecuniary motives qualifies under MCOCA. Seven prior pending cases against the accused supported the State's plea Police must be allowed custodial access to probe deeper syndicate links.
