Vishnu Karle

X and Y are a couple in love. They have both attained marriageable age. X is a Muslim boy and Y is a Hindu girl and both of them do not want to change their religion. So can they marry? Obviously, they can marry, thanks to the Special Marriage Act of 1954 (SMA). The very objective of SMA is to provide a special form of marriage which can be taken advantage of by any person in India and irrespective of the faith which either party to the marriage may profess.  However, X and Y, faced some threats from family members and thus could not appear before the Marriage Officer. They knocked the door of the Madhya Pradesh High Court seeking police protection.  The issue before the Court should have been whether the petitioners deserve to be provided with a police protection to exercise their right to marry. But strangely, the Court got obsessed with the issue whether the marriage of a Muslim boy with a Hindu girl is a valid marriage or not? The court noted that, as per Mahomedan law, th...

This painting of a young woman breastfeeding an old man in a prison cell was sold for Euros 30 million. The painting may look perverse but the story behind is from historical records. The poor man was sentenced to "death by starvation" for stealing a loaf of bread during the reign of Louis XIV in France. The woman was his only daughter and the only visitor to his cell. She was allowed to visit him daily but was frisked thoroughly such that no food was taken in. When after 4 months the man still survived with no weight loss, the authorities were perplexed and started spying on her in the cell and to their utter astonishment found her to breastfeed her father to the fullest sharing her baby's milk. The judges then realizing the compassion and love of the woman for her father, pardoned the father and set him free. This piece of history brings into focus how deep is a woman's compassion in our daily lives that men often tend to overlook.

          Courtesy: LeadIndiaLaw 1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC). 2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553. 3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav. 4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008. 5. Wif...

A KALIGHAT painting, which developed in 19th century Bengal, depicts a Bengali babu with a concubine. THE story begins like this. Dr Bilkis Rahman read the autobiography of noted author Mir Mosharraf Hossain and discovered a very happy life with his wife Bibi Kulsum. But when she examined the personal diary of Kulsum, she found a different picture. Kulsum described her mental predicaments due to her husband’s extramarital relationships and his lack of respect for her. This prompted Rahman to undertake a research study and find out the actual conditions of women in 19th century Bengal, compiling her findings in the book Unish Shatake Banglay Naripurush Shamparka. Undivided Bengal comprised today’s Bangladesh and the Indian province of West Bengal in the 19th century and was under British rule. Hindus and Muslims represented a large majority of the population. At the beginning of the 19th century, religion played a vital role in determining the nature of relationships. Religious rules fa...

Certain castes have been cursed and regarded as criminal tribes in India.  They have been persecuted for centuries.  They wander from one place to another place for living. Their pain is unheard by the society. No one has any sympathy or kindness towards them.  They are ignored and humiliated on time to time.  The one such tribe in Maharashtra is "Paradhi" (पारधी). They have presence in Maharashtra's rural area especially in Marathwada region of Maharashtra.   The story I am going to tell you is of Krishna and his brother Ravi. Krishna was working as a labourer in a factory in Aurangabad. His brother has a small Tum Tum.  A day ago, Krishna came to Udgir to see his new born baby who is just one month old.  Somewhere in the jurisdiction of Wadhvana police station a robbery happened and Krishna and his brother Ravi were picked up by the Local Crime Branch in Latur.  Both of them were beaten till the blood come out of their mouth. They were cryi...

Before Mr. Justice Macpherson and Mr. Justice Morris.   QUEEN v. NOBIN CHUNDER BANERJEE .   Judgment Date : 1873 October 24   Citation :  13 Bengal Law Reports, Ap. 20/   1873, Volume 20 WR (Weekly Reports) Page, 70  Criminal Procedure Code (Act X. of 1872), s. 263-Verdict of Jury-Murder-Insanity. - Baboo Juggadanund Mookerjee for the Crown. - Mr. Bonnerjee (with him Baboo Bacharam Mookerjee) for the prisoner. THE facts are sufficiently stated in the judgment of the Court, which was delivered by MACPHERSON, J.- The jury in this case have found that the prisoner caused the death of his wife, but that he is not guilty of murder, because, when he killed her, he, by reason of unsoundness of mind, was incapable of knowing that he was doing an act which was wrong or contrary to law. The Sessions Judge, disagreeing with the verdict of the jury as regards the unsoundness of the prisoner's mind, was of opinion that he ought to have been convicted of murder; and he ...

 In the last six-seven months, I have met thousands of prisoners in jail. I interacted with murderers, thieves, dacoits, rapists, fraudsters and some innocent people too. Whenever I went inside the jail, I realised only one thing, that,  living without freedom is not living at all. Freedom is everything in life. If a man is not free then he is a dead body.  Prisons are man made hells built on the earth. There is no freedom inside the prison.  Prisoners lose their mental well being in jail.  They have to eat whatever is given, do not have a mobile phone, are completely cut off from the society, yet there are some criminals who come to jail again and again. Perhaps they prefer jail as their home.         I have one such story of a thief. This is the story of a 25-26 year old Ganesh. Ganesh's profession is to go to any deserted house and commit theft. Sometimes in a house, sometimes in a temple. At least 40 cases of theft are registered against ...