FAQs [WIP]

1. Can my wife demand maintenance or property from husband's parents?

No, if the husband is alive. The rights of wife in other statutes like Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 are only against the husband. If husband is deceased, there are some judgments where father-in-law can be asked to maintain but this right is also served only from the property where husband had a share. Further, the rights of daughter-in-law are only to the extent of right of the husband/respondent.

"Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subjectmatter of attachment nor during the lifetime of the husband"

2. Can wife forcibly enter my parent's house after filing cases and stay there?

definition of shared household in Section 2(s) is exhaustive. DV act has the concept of shared household. 

first condition to be fulfilled for a shared household is that person aggrieved lives or at any stage has lived in a domestic relationship.

(i) it is not requirement of law that aggrieved person may either own the premises jointly or singly or by tenanting it jointly or singly

(ii) the household may belong to a joint family of which the respondent is a member irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household; and 

(iii) the shared household may either be owned or tenanted by the respondent singly or jointly.

Shared household is where the wife had a domestic relationship. She can only claim residential right in shared household, not others. The judgment of "S.R.Batra Vs. Taruna Batra" by Supreme court was disputed in 84.ii of judgment "SATISH CHANDER AHUJA Vs SNEHA AHUJA". Another concept is of "property purchased using joint family fund or using wife's money". Cases in wife's favor were: Hiral P. Harsora and others Vs. Kusum Narottamdas Harsora and others, (2016) 10 SCC 165, and Vaishali Abhimanyu Joshi Vs. Nanasaheb Gopal Joshi, (2017) 14 SCC 373. 

Following judgments contends that father-in-law house where wife is staying after marriage is shared household of the wife. Judgment of Delhi Court in Eveneet Singh Vs. Prashant Chaudhri, 2010 SCC online Delhi 4507, Division Bench judgment of Delhi High Court in Eveneet Singh Vs. Prashant Chaudhari, 2011 SCC online Delhi 4651 and Division Bench judgment of the Delhi High Court in Preeti Satija Vs. Raj Kumari and Anr., 2014 SCC online Delhi 188

3. What is household?

Definition as given by Census of India where common kitchen is a pre-requisite of a household.

4. My wife stayed in my parent's house for few days, otherwise we used to stay separately. Is it a shared household where she can ask for right to stay?

No, shared household is already explained above. SC said it best - "If the aforesaid submission is accepted, then it will mean that wherever the husband and wife lived together in the past that property becomes a shared household. It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband's father, husband's paternal grandparents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces, etc. If the interpretation canvassed by the learned counsel for the respondent is accepted, all these houses of the husband's relatives will be shared households and the wife can well insist in living in all these houses of her husband's relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd. 27. It is well settled that any interpretation which leads to absurdity should not be accepted.

The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household.

5. Can wife file DV against my mother who is also woman?

The words “adult male” as occurring in Section 2(q) of Act, 2005 has been struck down by Supreme Court in Hiral P. Harsora and Ors. Vs. Kusum narottamdas Harsora and Ors., (2016) 10 SCC 165. Consequently, the respondent can also be a female in domestic relationship with the aggrieved person.

6. I own a property. Can wife demand share from it?

Yeahh

7. Are the lower courts not bound by "precedent" from a higher court? Or, are these Supreme Court judgements so complex and arcane that no judge can understand, let alone follow them?

The answer is within the question. It is binding and yet there seems to be no understanding of what exactly is binding. And yes, such long judgements tend to create confusion with stray sentences/obiter/discussion providing adequate room for conflicting interpretations. And when there is such conflict and confusion, the lower judiciary errs to the perceived safety of the narrow and conservative ambit. The lower judiciary needs to feel confident that they are the foundation of the justice dispensation system and even a conservative/narrow approach to law (which lower judiciary tends toward) must include and respect constitutional morality.(Ref.  Article by Malavika Rajakotia )

8. My child stays in City X. Can I file child custody case in City Y?

GWA needs to be filed where minor lives i.e. city X. HMA 26 can be filed in city Y as it does not have bar of jurisdiction. Americans file HMA 26 in India when they have lived all the time in US because of probable jurisdiction issues in filing GWA in India.

9. Pre-nup agreement and how OP can crib about it in future?

She submits that the aforementioned pre-nuptial agreement was signed by her under duress, and without awareness of the waiver of her legal rights arising out of marriage, as the petitioner insisted that this was a common practice in the USA. The agreement is, therefore, null and void. She submits that the petitioner had paid for the legal representation of the respondent vis-à-vis the pre-nuptial agreement, which shows that the respondent's counsel was not independent. She submits that the respondent did not have the equal bargaining power while signing the agreement and, therefore, the contract is vitiated. Ms. Rajkotia submits that a pre-nuptial agreement is also not valid under the Hindu Marriage Act. This agreement was signed only to deprive the respondent of her right to maintenance, property etc. under Indian and Illinois family law. [Ref. Pt 36 in https://indiankanoon.org/doc/49497612/]

10. Can state act as parent of the child?

That is called "Parens Patriae jurisdiction".  it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection.  Ruchi Majoo vs Sanjeev Majoo AIR 2011 SC 1952 

11. What is a mirror order?

Mother wants to take child out of India. Court says mother needs to bring child abck after 10 days. The court in other country needs to pass same order that child should leave country after 10 days. otherwise, there's possibility of mother fleeing with child to other country and loss of jurisdiction. Ref https://indiankanoon.org/doc/143823545/

12. Can I convert to Islam and get married again without getting divorce?

You want to marry again, seriously? Do you have kid and planning to fight child custody? If yes, read this "The appellant having converted himself to Islam for reasons best known to him, has disentitled himself from acting as a guardian of the child who continues to remain Hindu."

13. Which laws in India are gender-biased and need to be immediately made gender neutral?

IPC 304b (how about the men who is harassed by wife & inlaws for money etc. and commits suicide; if 306 is sufficient, then why separate law for women)

Similar argument for IPC 498A

354A-D, 376, 506, 509 (replace woman with person)

Related to this is IPC 228a - protect identity of victims of 376. But no such law on protecting identity of every alleged accused without any trial and conviction. Remember, an innocent man labeled as 'Dilli ka darinda' coz' of a hoar!

PWDVA Act, 2005 (Replace wife with spouse, female with person)

Evidence act - Remove all sections where mere statement of woman is sufficient. Women are full time liars in 21st century.

14. If I give a complaint in writing, is police to bound to register FIR immediately?

Read IPC 154, 156, 157, 173. SC provided its interpretation in popular judgment Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013 . Conclusion can be read a Pt 111. The arguments were around whether police officer has any discretion in registering of FIR or not. The challenge is in balance of rights of complainant by registering FIR vs. rights of accused by ensuring no false FIR is registered. For false FIR, SC took reliance on IPC 173. IPC 166A which was introduced in IPC by 2013 amendment for "knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation". SC also requires preliminary inquiry before FIR for "Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay."

15. Can you provide some judgments on Video conferencing importance?

The Delhi High Court has observed that but for video conference technology, judicial system would have come to a grinding halt during COVID-19 pandemic [RC v. Govt of NCT, Delhi].

16. Can I file contempt of court against wife?

Contempt of court can only be filed if there's no civil remedy. For example, for execution of decrees and interim orders, provisions exist in CPC, so contempt of court cannot be filed. Contempt of court can only be filed by an individual in High court. In lower court, contempt of court can be filed only if principal judge is the complainant.

S. 45 of GWA allows family court to hear contempt application.

Also, family court has authority to recommend contempt to HC if application is filed with Family court.

17. Jurisidiction of Habeas Corpus?

It is limited to the jurisdiction of the high court. So, if the person is in "illegal detention" in state X, then appeal need to be made to High court of State X.

18. Bail matters - zamanati not found?

The recommendation is that you should arrange for zamanati before going to court on the day of order. If you're on bail and the order is not in your favor, then you will need zamanati to extend your bail while you appeal in higher court for stay. The old zamanati who stood as surety in your earlier bail may get rejected, so you need new zamanati. Further, the cash surety may be denied if you're convicted. Two zamanati per person are usually needed. Cash surety is in range of 30-50K and can go upto 1 lac in case of sexual crimes like 377, 376, 354 etc.

19. What are the principles on which limitation act is based on?

a) It is in the interest of the state that there should be an end to litigation.

b) The law assists the vigilant and not one who sleeps over his rights.

20. Info. about delhi district courts?

https://delhicourts.nic.in/Citizen_Charter_January_2017.pdf
Case management manual: https://delhidistrictcourts.nic.in/ejournals/Case%20Management%20Manual%20V1.0.pdf

User handbook: https://delhidistrictcourts.nic.in/Users%20Handbook%20for%20Net.pdf

21. Can my wife abduct my child to some foreign country and settle there?

Does your child has passport? If you don't know, then you can file RTI to passport office (Ministry of External Affairs -> Consular, Passport & Visa Division (CPV)) seeking details of passport of your child by providing his name, parentage, dob and address. You need to obtain court orders restraining the wife from moving the child outside the country. This can be filed as separate injunction application u/s CPC 151 or a temporary injunction application in your main GWA petition. If there's ongoing divorce petition in court, it is not easy for wife to obtain passport of the child, otherwise, she can use Annexure C and declare that you have abandoned her and has no contact with you. Refer detailed FAQs on https://passportindia.gov.in/AppOnlineProject/online/splCaseOfMinorsReqPassport , https://passportindia.gov.in/AppOnlineProject/pdf/AnnexureC.pdf , https://passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable

22. Can you go abroad while 498A is pending? 

Why not. Right to employment, right to travel cannot be curtailed because a trial is going on. Refer this kerala HC judgment: https://mynation.net/judgments/binu-vs-union-of-india-on-21-january-2020/

23. What is case diary?

A continuously paginated and bound book of the investigating officer. Any and every set of loose leaved unnumbered papers cannot be passed off and accepted as case diaries.

24. What is Article 22(2) of Indian constitution?

Article 22(2) says “every person who is arrested and detained in custody” to be produced before the nearest magistrate within a period of 24 hours of such arrest. If a person is not produced before magistrate within 24 hours, it is ground for bail. Refer this where a person is detained on 6:25 PM on march 7, placed him under arrest at 5.30pm on March 8 and produced him before a magistrate only on March 9.

25. What is proforma respondent or proforma defendant?

Plaintiff seeks no relief from the respondent but inclusion of such a respondent is necessary to prove the case of plaintiff or the proforma respondent is closely connected (eg. co-owner of a property in dispute) to other respondents in the plaint.

As an example, a judge records adverse comments against an advocate in the judgment related to delay in trial etc. Advocate appealed against it and requested expunging the adverse remarks against him without giving him an opportunity to present his side (audi alteram partem). He made the judge as "proforma respondent" as he had made the judge as respondent to explain the context of the case but does not seek any relief from the judge.

As another not-so-good example, a husband files divorce case against the wife. So, he is seeking relief from the respondent wife. But he also added his mother-in-law as proforma respondent since he is not seeking any relief from Mother in law but it is necessary to add mother-in-law to prove his case of "causing cruelty to husband on instructions of mother in law".

26. What are reportable judgments by a court?

Usually, high courts and supreme court mark some judgments as "reportable". These judgments usually discuss an important point in law and should be reported in judicial academy for training of judges or for sending it to lower courts for compliance. Is it that we can only cite reportable judgments in our case? I do not think so. You're free to quote any excerpt/observation from higher courts if it is relevant to your case.

27. Delivery of Summons through email and whatsapp, allowed or not?

https://www.lexology.com/library/detail.aspx?g=f9a5830e-239b-4f84-89f6-8addd782f069

SC In Central Electricity Regulatory Commission Vs National Hydroelectric Power Corpn. Ltd. & Ors., directed that in commercial litigation and in those cases where the Advocates seek urgent interim reliefs, service of notices may be effected by E-mail, in addition to normal mode of service. The Courts have inducted the “electronic means” in their respective rules in order to speed up the summons process. The Delhi High Court notified on February 9, 2011, “Delhi Courts Service of Processes by Courier, Fax and Electronic Mail Service (Civil Proceedings) Rules, 2010” wherein service by fax and electronic mail was provided for.

On May 4, 2017, the Delhi High Court in Tata Sons Ltd & Ors. Vs. John Doe(s) & Ors., allowed the Plaintiff to serve the summons on one of the Defendant through WhatsApp, text message & email, and to file affidavit of service.

Also, for physical delivery, you need to pay PF/RC. PF is process fees and RC is cost of delivery of summons through registered post. You need to fill the Process Fee form and pay the fee as prescribed. For RC, you have to deposit expenses/ registered envelope for service of summons through registered post as well.

28. How to reach to law ministry?

https://doj.gov.in/about-us/who%27s%20who Chief secretary& Joint secretary are very senior post and they are usually the good IAS ppl although mostly elite, feminist, disconnected from social reality and with inflated egos. You should also write to CJI which can be taken as letter petition by him.

29. I want to change my advocate but he is not returning my files?

See SC Judgment of "R.D. Saxena vs Balram Prasad Sharma on 22 August, 2000". Available here. He is bound to return your file. You just need to send a letter to your advocate that you are disengaging his services.

30. Which is the best website for researching cases?

Casemine at 13K gives access to all SC + all HC

Manupatra at 7.5K gives access to all SC + one state HC

indiankanoon by Sushant Sinha gives access to all for free.

31. What is the difference between summons case and warrants case?

Warrant cases have punishment more than 2 years, summons cases have punishment not more than 2 yrs. See more here

32. Can accused win a case without undergoing trial?

This is called disposal of case without trial. There are many scenarios in which it can happen including the death of accused. The two most common ways are discharge of accused under section 239 of CRPC.  The Code of Criminal Procedure contemplates discharge of the accused by the Court of Session under Section 227 in case triable by it, cases instituted upon a police report are covered by Section 239 and cases instituted otherwise than on police report are dealt with in Section 245. Under Section 227 the trial Judge is required to discharge the accused if he considers that there is not sufficient ground for proceeding against the accused Obligation to discharge the accused under Section 239 arises when "the Magistrate considers the charge against the accused to be groundless." The power to discharge is exercisable under Section 245(1) when "the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction.... The stage for discharge under Section 245, on the other hand, is reached only after the evidence referred to in Section 244 has been taken.

33. What is trial?

The code of criminal procedure provides for four types of trial procedure. They are[1] trial before a court of Sessions, [2] trial warrant cases by Magistrates, [3] trial of summons cases by Magistrates, and [4] summary trials. Both the trial before the court of sessions and warrant cases by Magistrates are tried under the procedure of warrant cases and the remaining two are tried in a summons cases trial.

34. Can a judge remove section 307 before trial?

You can move an application u/s 307 CrPC, the Judge/Special Magistrate has to record reasons for acceptance/ rejection. It can be done any time before judgement.

35. Can a legal notice be sent without any advocate?

Correct name of legal notice is cease & desist or other name as per purpose, you can always send in person

Content is important and it should be delivered with proof. 

36. What are the existing provisions for malicious accusations?

Please read S. 182 and 211 of IPC along with S 250 and S 358 of CrPC.

37. Sections under which husband can be screwed 

parliament has made a classification based on gravity or intention of offence. 

Husband can be prosecuted under several other section like 323, 324... 498A, 506, 509 IPC and DV Act, 2005 where cruelty includes physical and sexual abuse. 

38. Give an example where two persons have committed same crime but the punishment is not. 

In certain offences, though the crime is committed and accused is convicted, he still gets relief under Offenders Act, 1940 or Section 360 CrPC therein also there is classification. 

39. Facing fraud by an employee?

If the employee has committed fraud, one can go for FIR against him/her u/s 406, 409, 430, 467, 468 IPC (sections apply as per subject matter)

40. Court can take action if the plea is found frivolous and waste of court time under IPC 209.

41. What is Pursis?

Informing court about extra information in the case going before the court. Eg. you're running RCR case and your wife files a divorce case, you can inform court that divorce is filed by her etc.

42. Exception to S 26 of Evidence Act

S. 26 says that any statement given to police by you cannot be used as evidence against you in court. However, if it leads to recovery of articles, then that statement is valid.

43. Do my parents appear before court or police?

You can use aadhar card and medical documents to seek exemption or virtual conference or at most, will need to visit once.

44. Getting information from School

"I filled RTI to DEO to direct the School of minor son to provide me his attendance records & progress report; but the School replied to DEO that the records maintained at their school establish no relation between me & minor son as father-son & so no data record will be furnished to me. But the concerned school requires Birth Certificate & adhar card as mandatory docs for any student admission & both identity docs of my son contain my name as father's name. Therefore I filed criminal complaint against school to SSP for fraud, forgery & misappropriation of identity of my minor son. Simultaneously, I also filed complaint petition with Chairperson NCPCR for offences perpetrated u/s 75 of juvenile justice act & u/s of IPC. I also plan to file order under HMA 26 to request court to direct school to furnish the requisite information."

45. Benchmark judgments on FIR

Lalita Kumari, Sakiri Vasu

46. Can police of a state arrest someone outside their jurisdiction? Do they need to inform local police of other state?

CRPC 48. Pursuit of offenders into other jurisdictions. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

CRPC 57: Person arrested not to be detained more than twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate' s Court.. 

CRPC 80: When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall be taken before nearest Magistrate or District Superintendent or Commissioner (unless court is within 30 kms of place of arrest or nearer than magistrate court)

CRPC 50 (Grounds of arrest) - For bailable offences, one can be released by providing adequate security. For non-bailable offense, 

DK basu case - 

47. Sample drafts and other information about delhi district courts

https://delhidistrictcourts.nic.in/Users%20Handbook%20for%20Net.pdf

48. CPC on Fingertips

CPC ON FINGER TIPS

0) framing of issues Order 14

0) Plaint Description Order 7

1) To delete/Add parties ORDER 1 RULE 10.

2) Amendment of Suit to add defendants ORDER 1 RULE 10(4)

3) Substitute service ORDER 5 RULE 20

4) Amendment of pleadings ORDER 6 RULE 17

5) Additional W.S ( Rejoinder ) ORDER 8 RULE 9

6) Setting aside ex-parte order ORDER 9RULE 7

7) Restoration ORDER 9 RULE 9

Set aside ex-parte decree ORDER 9 RULE 13

9) To order production of documents ORDER 11 RULE 14

11) Inspection of documents ORDER 11 RULE 15

12) To produce documents ORDER12 RULE 8

13) Production of documents ORDER 7 RULE 14(3)

14) To return unmarked documents ORDER 13 RULE 7(2)

15) To return marked Documents 13 RULE 9

16) Adjournment 17 RULE 1

17) Recalling witness 18 RULE 17

18) To grant installments after decree passed ORDER 20 RULE 11(2)

19) Stay of execution ORDER 21 RULE 26

20) Delivery of immovable property ORDER 21 RULE 35

21) To Break open door ORDER 21 RULE 35(3)

22) Attachments of movables of JDRs ORDER 21RULE 43

23) Attachments of Payorders of JDRs ORDER 21RULE 45(1)

24) Attachment of salary of JDRs ORDER 21 RULE 48

25) Attachment of Immovable property of JDRs ORDER 21 RULE 54

26) Sale of attached property ORDER 21 RULE 64

27) Adjournment/stoppage of sale ORDER 21RULE 69

28) Delivery of movable property ORDER 21 RULE 9

29) To bring L.Rs on record in case of death of Plaintiff ORDER 22 RULE 3

30) To bring L.Rs on record in case of death of Defendant ORDER 22RULE 4

31) For Compromise ORDER 23 RULE 3

32) Appointment of commissioner to examine witness ORDER 26 RULE 1

33) Appointment of commissioner to make local investigation ORDER 26RULE 9

34) Appointment of commissioner to examine adjust A/Cs ORDER 26 RULE 11

35) Appointment of commissioner to make partition of immovable property ORDER26 RULE 13

36) Disclose partners names ORDER 30RULE 2

37) Appointment of guardian for minors ORDER 33RULE 1

38) Removal of guardian ORDER 32 RULE 9

39) To declare as major ORDER 32 RULE 12

40) Appointment of guardian to unsound person ORDER 32 RULE 15

41) Attachment before judgment ORDER 38 RULE 5

42) Appointment of receiver ORDER 40RULE 1

43) Regular appeal ORDER 41 RULE 1

44) Stay of execution of decree in appeal ORDER 41 RULE 5(1)

45) Restore of appeal dismissed for default ORDER 41 RULE 19

46) Production of additional evidence in appeal ORDER 41 RULE 27

47) Second appeal ORDER 42 RULE 1 (SEC 100 CPC )

48) Review of Judgment ORDER 47 RULE 1 (114 CPC )

49) Advancement RULE 109(2)

50) Third party for C.Cs RULE188(2)

51) Amendment of Judgments/decrees/orders ORDER Sec.152

52) To summon (Handover summons) for evidence ORDER 16 RULE 7(4)

49. Can there be multiple prayers in civil suit or single prayer?

Rule 55 of the Civil Rules of Practice: As per this rule, there shall be separate application in respect of each distinct relief prayed for. Further, when one interlocutory application is filed combinding several releifs, the court may direct the applicant to confine the application only to one of such reliefs unless the reliefs are consequential and to file a separate application in respect of each of the others.

However, if the prayers 

50. Types of interlocutory applications?

There are 394 types of interlocutory applications that can be filed. SC website lists all the various types:

https://main.sci.gov.in/interlocutary-application

51. False report and protest petition

When IO filed a false report, court accepted it and summoned the complainant u/s 182, complainant filed a protest petition which HC said should be treated as complaint. Mahesh Chandra Dwivedi vs State of UP Through Secretary Home Lucknow and 2 others

52. Can review or appeal be filed on the ground of delay in disposing of the interim application within reasonable time? 

Yes.appeal can be filed. Provision of Law U/o 43 rule 1 and R/W Sec. 104 &151of CPC

53. Cause of action?

The expression "cause of action" means that bundle of facts which the petitioner must prove, if traversed, to entitle him to a judgment in his favour by the Court. In Chand Kour v. Partab Singh, Lord Watson said:

"... the cause of action has no relation whatever to the defence which may be set up by the defendant, nor does it depend upon the character of the relief prayed for by the plaintiff. It refers entirely to the ground set forth in the plaint as the cause of action, or, in other words, to the media upon which the plaintiff asks the Court to arrive at a conclusion in his favour."

54. Conditions precedent to 41A

A reasonable complaint or credible information or, for that matter, a reasonable suspicion that the petitioner has committed a cognizable offence. 

55. Indiankanoon tips

doctypes: supremecourt,scorders,highcourts

56. Types of petitions in Supreme Court

https://www.lawinsider.in/columns/conditions-of-addition-and-removal-of-parties-in-petition

57. What is the difference between a judge and justice?

Justice is high court and SC judges. Lower court judges are judges only, not justice. Refer HC as Hon'ble Justice xx, lower court judge as Hon'ble Judge xx. 

https://commons.stmarytx.edu/cgi/viewcontent.cgi?article=1013&context=thestmaryslawjournal 

"And understandably so: the power to make jus—law and right, restriction and limitation—is different from the power to interpret jus that someone else has made. Both the difference in the nature of those powers, and their common object, are rooted in the etymology and usage of the words justice and judge."

58. Execution under CPC

The numerous rules of Order 21 of the code take care of different situations providing effective remedies not only to judgement debtors and decree-holder

Section 51 to 54 talks about procedure in execution or mode for execution: 

 Section 51: this section gives the power to court to enforce the decree in general.

59. Ressubjudice vs Resjudicata

Res subjudice bars to the trial of a suit. Res-judicata, bars to file a suit and applies to ex-parte decree and foreign judgments.

Resjudicata principle reflects also under section 403 of Code of Criminal Procedure, 1898; under Article-35(2) of Constitution, under section-40 of Evidence Act,1872, under section -26 of General Clauses Act, 1897

60. Cherry picking principle

You cannot reveal some part of document while claiming privilege over certain parts of the documents. Such selective disclosure cannot be countenanced in law as it clearly amounts to cherry-picking. 

[2022] 15 S.C.R. 730 , RELIANCE INDUSTRIES LIMITED v. SECURITIES AND EXCHANGE BOARD OF INDIA & ORS., (Criminal Appeal No. 1167 of 2022)

61. Code of ethics / code of conduct of judges

https://main.sci.gov.in/pdf/Notice/02112020_090821.pdf  

The Judges of High Court are guided by the ‘Restatement of Values of Judicial Life’ adopted by the Supreme Court, vide its resolution dated 7th May 1997.

62. Source of powers of High Court

Being the highest judicial organ in a State, the High Court gets its powers from Chapter V in Part VI of the Constitution of India (https://delhihighcourt.nic.in/court/faq?page=6)

63. Clinical psychologist Delhi

General qualification: A M. Phil degree in Clinical psychology, with extensive experience in paediatrics / child psychology from a recognized university.

• IHBAS (https://ihbas.delhi.gov.in/ihbas/clinical-psychology)
• AIIMS
• Sir Ganga Ram Hospital (https://sgrh.com/child-development-clinic)
• Dr RML Hospital (Group A gazetted officer, https://main.mohfw.gov.in/recruitmentrules/recruitment-rules-post-clinical-child-psychologist-dr-rml-hospitalnew-delhi)
• Private individual doctor
• Private institutes like 
• https://sunshine.lissun.app/ (neurodevelopmental and behavioral disorders especially Autism Spectrum, ADHD & Learning Disorders)
• https://kaleidoscope.in/child-and-adolescent-care

64. File additional documents in CPC

Application filed u/Order 7 R.14A read with 151 CPC (if Plaintiff) or Order VIII R. 1A (if Defendant)