Latest news with #SabyasachiBhattacharyya
Time of India
8 hours ago
- Time of India
Man hides past divorces, loses current plea in HC
Kolkata: Calcutta High Court has set aside the divorce decree granted to a man 5 years ago on the basis of cruelty and desertion, as he hid his prior two divorces from the wife. The couple married in in Jan 2010 but it did not last more than six months. Tired of too many ads? go ad free now A child was born to them in Sept 2010. The couple have been living separately for nearly 15 years now. In 2019, the trial court granted the divorce, upholding the allegations of cruelty and desertion posed by the husband against the wife. While the husband claimed to have disclosed that he was a divorcee, the wife claimed that he did not disclose his two divorces prior to marrying her. The husband claimed that the wife left him after six months of marriage and kept complaining to everyone, including his employer, which led to him being fired. A part of his claim rested on the wife's purported neglect of household duties, her prioritisation of her legal profession as a practising advocate, and repeated threats to file false cases, which, according to him, resulted in a case under Section 498A of IPC. The wife's version was that she was driven out of the house while she was pregnant, and when she tried re-entering after giving birth, she was not allowed. She claimed that the husband questioned her "moral character". To support her claims, the wife submitted documents of the husband's two prior marriages and her approaching the protection officer in Howrah, showing her efforts to seek reconciliation and resume cohabitation. She approached the High Court, stating that the trial court "egregiously erred by equating her legitimate pursuit of legal redress" with cruelty, without any proof of it being false or with malicious intent. Tired of too many ads? go ad free now On June 11, The division bench of Justice Sabyasachi Bhattacharyya and Justice Uday Kumar held: "We conclude that a divorce decree cannot be granted to a party (petitioner) who perpetrated foundational cruelty (eg, deliberate marital deception) of greater magnitude than any alleged misconduct by the other spouse, even if the marriage is irretrievably broken down, as it would constitute a miscarriage of justice and violate the principle of 'clean hands'. " On the fact that the wife resorted to legal means for genuine grievance, the bench held that it cannot be automatically branded as "having committed cruelty" unless there is malicious intent shown.
Time of India
6 days ago
- Politics
- Time of India
Cal HC contempt rule against judicial secy
Kolkata: Calcutta High Court has issued a contempt rule against the state judicial secretary for not releasing a prisoner for over a year, violating a court order on April 18, 2024. Justice Sabyasachi Bhattacharyya held that a "prima facie contempt case has been made out". Petitioner Samir Das, a prisoner in custody for the last 21 years, was recommended for premature release by the State Sentence Review Board, after completing 20 years, in terms of the court order. The SSRB recommended his release a year ago. The next hearing of the matter is on June 27. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Time of India
26-05-2025
- Time of India
‘Patriarchal, condescending': Calcutta high court raps trial court judge
1 2 Calcutta HC has in a recent order sharply criticised a trial court judge for his choice of words in matrimonial disputes, describing these as "patriarchal and condescending to women". It also rapped the judge for "copy-pasting" the order from his earlier judgments and warned if such instances were repeated, it would impact his service record. On May 22, HC granted divorce to a man on grounds of cruelty, overturning a 2018 order by the additional district judge, first court, at Sealdah. What irked HC was the trial court judge's order rejecting the husband's divorce plea and formulating "auspicious principles" for a successful marriage. HC: Just stopping short of making adverse comment The husband had filed a divorce plea in the trial court in 2015 alleging that his wife had not visited her matrimonial home since 2012, was refusing to cohabit and meet her marital obligations since 2014, and threatening to initiate criminal complaints against him. While the wife refuted the claims, the HC noted that no evidence was attached. While allowing the divorce suit, the HC noted that the wife had even skipped mediation as suggested by the HC in 2023. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo The judge's four-point formula for a successful marriage included "transcendental efforts to keep a perfect relation based on austerity of the spouse for achieving purity of the relation", "paying honour to our traditional belief", "sincere interest in cultivating fidelity", and "unmotivated and uninterrupted urge to completely satisfy each other". The HC division bench of Justices Sabyasachi Bhattacharyya and Uday Kumar said in its order: "The entire mindset of the learned trial judge appears to spring from a patriarchal and condescending approach, thereby attributing a condescending role to the husband, to advise his wife properly, and also to condone cruel acts of the wife by trying to 'bridge the gap' between the parties. Such observations have nothing to do with the law on the subject. " The high court judges said they were "just stopping short" of making any adverse comment against the trial judge because that could affect his career.
