Section 85 of Bharatiya Nyaya Sanhita, 2023: The Successor to IPC Section 498A on Domestic Cruelty
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
Keeping Pace with Legal Change
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
The Calcutta High Court has increased temporary spousal support for cricketer Mohammad Shami, requesting him to pay ₹1.5 lakh to his estranged wife Hasin Jahan and ₹2.5 lakh to their daughter. The ruling mirrors the huge earnings of Shami—about ₹60 lakh per month in FY 2021—and is an attempt to sustain the family’s pre-separation standard of living. Earlier, a district court had ordered a total of just ₹1.3 lakh; Jahan had initially asked for ₹10 lakh.
The Supreme Court, led by Justices Surya Kant and Nongmeikapam Kotiswar Singh, upheld Section 498A of the IPC, emphasizing its role in protecting women from domestic cruelty. The court dismissed claims of unconstitutionality, advocating case-by-case scrutiny of misuse allegations, reinforcing gender-specific safeguards under Article 15.
This is the introduction. A fundamental procedural issue concerning the use of High Court powers under Section 482 of the…