Safety, first

By a notification, the Centre banned the import of feathers to prevent the spread of bird flu. A trader who imported goose and duck feathers for manufacturing shuttlecocks filed a writ petition for the release of his goods contending that they had arrived before any such notification. He also offered to get his products tested. Dismissing the petition, the Delhi High Court held that the government was justified in taking the precautions to safeguard public health (Sanjay Khanna vs Director General of Foreign Trade).

Give peace a chance

In a case relating to an offence under Section 498A (cruelty upon a woman by the husband and his relatives), the trial court convicted the accused. An appeal was made before the high court for setting aside the conviction order on the ground that the wife had amicably settled the dispute. Setting aside the order, the Jharkhand High Court held that though it was a non-compoundable offence under Section 498A, it was the court’s duty to encourage genuine settlements (Heera Lal Prasad Verma vs State of Jharkhand).

Jewellery claim

The family court refused to entertain the petition for the return of jewellery given at the time of marriage because the husband died when the petition was filed. Acting on an appeal, the Kerala High Court referred to the Family Courts Act, under which the family court had the jurisdiction to entertain proceedings ‘between parties to a marriage with respect to property of the parties’ (as per Section 7c of the Act) or could entertain ‘suit or proceeding for an order of injunction in circumstances arising out of a marital relationship’ (as per Section 7d). The family court acted on the basis of Section 7c which refers to presence of both parties. The high court held in this case, the claim could have been entertained under Section 7d which just refers to ‘circumstances arising out of a marital relationship’ (Suprabha vs Sivaraman).

SOLON