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Since 1st March, 1999
 
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STREET LEGAL

Left in the lurch

The family court passed a decree of divorce on the ground that the wife deserted her husband. The wife appealed to the high court. Though they had married in 1983, the husband had remarried in 1985 and initiated divorce proceedings in 1997. A criminal case against the husband for bigamy was also pending. The Orissa High Court held that divorce on the ground of desertion can only be granted if it is voluntary and against the wishes of the spouse. When a second wife is living in the house, desertion by the first wife cannot be termed as voluntary. The decree of divorce was held as unsustainable (Damayanti Dei vs Pabitra Mohan Srichandan).

Show me the money

A complaint for cheating was filed against an agent who’d taken Rs 1,650 from the complainant, promising him either a motorcycle or Rs 20,000 from his company after a year. However, 15 months later, he’d got neither. The Chhattisgarh High Court granted anticipatory bail to the agent as he had deposited the sum in the company’s account. There was nothing to prove that the company was a fake one. The anticipatory bail was granted for two months with security. The agent was also allowed to apply for bail in the court concerned (Rajesh Shahu vs State of Chhattisgarh).

Insurance claim

Dependants of a car accident victim claimed compensation. The tribunal found that the vehicle had an insurance cover. It awarded a compensation of Rs 1.7 lakh to the victim’s family. The insurance company challenged the claim on the ground that the policy was not valid. The Orissa High Court held that in the absence of any specific plea before the tribunal to that effect, it could not consider the claim as the tribunal had found the insurance cover valid (National Insurance Co. Limited vs Anadi Charan Sahu & Ors).

SOLON

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