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India Today
20-05-2025
- Politics
- India Today
Even judges keep learning: Supreme Court judge admits past error
Justice Abhay Oka of the Supreme Court observed that learning is a continuous process, even for judges, and they are duty-bound to acknowledge and rectify their mistakes. The court made this remark in an order authored by Justice Oka himself, in which he candidly admitted to an error he had made in a ruling during his tenure as a judge of the Bombay High Oka had taken a different view on a section of the Domestic Violence Act -- which allows an aggrieved woman to seek relief, such as compensation, from a magistrate -- which was later found to be incorrect by a full bench of the same the law, the Supreme Court order mentioned that although High Courts do have the power under the CrPC to quash proceedings in cases filed under Section 12(1) of the Domestic Violence Act, they must keep in mind that it is a welfare legislation specially enacted to provide justice to women who suffer from domestic violence. 'Before we part with this Judgment, we must mention here that one of us is a party to a Judgment dated of the Bombay High Court in which the view taken is that a remedy under Section 482 of the CrPC is not available for quashing the proceedings under Section 12(1) of the DV Act,2005. This view was found to be incorrect by a full Bench of the same High Court. As judges, we are duty-bound to correct our mistakes in properly constituted proceedings,' the Supreme Court for judges, the learning process always continues,' it court was examining whether the High Court can use its inherent powers to quash cases filed under Section 12 of the Protection of Women from Domestic Violence Supreme Court has said that, given the purpose of the Domestic Violence Act, 2005, High Courts should act with caution and care when handling applications under Section 12(1).Intervention under Section 482 of the CrPC should be used only in cases of clear illegality or serious injustice, the court InMust Watch IN THIS STORY#Supreme Court
India Today
13-05-2025
- India Today
Man claims wife had affair, court orders woman to submit voice samples to verify
The Aurangabad bench of the Bombay High Court has directed a woman to give her voice sample to verify her estranged husband's claim about an extra-marital affair, saying with the advent of technology, electronic evidence is replacing the conventional one.A bench of Justice Shailesh Brahme, in the order passed on May 9, said under the Domestic Violence Act, there are no provisions to direct a party to provide voice samples, but the proceedings in the present case are both quasi-civil and order was passed on a man's plea seeking a direction to his estranged wife to give her voice sample to be referred to a forensic laboratory for verification of voice recordings he submitted in the matrimonial dispute to prove that she was having an extra-marital affair. The court said the woman was bound to give her voice sample for verification, as the electronic evidence relied upon by the man has a probative also refused to accept the woman's argument that the memory card and CD her estranged husband submitted were not admissible in evidence, as the original cell phone in which the alleged voice recording was done was Brahme said all this can be considered by the trial court."Due to the advent of technology, electronic evidence is replacing conventional evidence, and hence, there is a need to invest more powers to a magistrate who is a fact-finding authority," the court court further held that in proceedings under the Domestic Violence Act, the parties are not informant and accused in the sense of criminal jurisprudence, as they are in a domestic woman had filed a complaint before a family court against her husband and in-laws, alleging harassment under the provisions of the Protection of Women from Domestic Violence man, in his defence, submitted a memory card and CD to the family court with voice recordings of his wife and her alleged woman refuted the allegations and said it was not her voice in the filed an application before a magistrate's court at Parner in Ahilyanagar district seeking a direction to his wife to give her voice sample. The magistrate rejected the application, after which he moved the high court quashed the magistrate court's February 2024 order and directed the woman to give her voice sample within three said the sample shall be referred to the forensic laboratory for InMust Watch
