Three Things Most Desired in a Supreme Court Lawyer : Clear Thinking, Clear Thinking and Clear Thinking

Standard

Clear thinking involves;

1) Clear thinking about laws governing the case.

2) Clear thinking about relevant facts of case as requires to be proved or disproved as per law

3) Clear thinking about human natures of parties involved in case, judges presiding in court, nature of opposition counsels.

14/3/13

Legal IQ puzzle: Does word "Relative of Husband" used in 113A,B include "Brother in Law of Husband- i e Brother of Wife" ?

Standard

Within seven years of marriage, if wife commits suited, Husband or HIS RELATIVE will be deemed to have abated suicide.113A,B of Evidence Act.

But suppose in a given case, if wife has committed suicide due to torturous attitude of his own brother, will sec.113A,B apply to brother of wife, who is also a brother in law of husband(RELATIVE OF HUSBAND) as mentioned in 113A,B?

1) Where the words “Relative” or “Relative of Husband” are defined?

2) On what legal reasoning basis it can be said that words “Relative of Husband” do not include his brother in law, sister in law and Mother in law?

Haresh Raichura
9/3/13