VAKALATGIRI

The Madurai bench of Madras High Court recently granted relief to an administrator of a WhatsApp group in an FIR registered over offensive messages posted in the group by a member.  The High Court has reiterated that WhatsApp group admin cannot be held liable for objectionable content posted by members.  The court added, however, that if additional evidence is collected that demonstrates the administrator was engaged in the crime, he can be convicted according to the law.  The Madurai Bench referred to the Kishore v. State Maharashtra of the Bombay High Court which ruled that a WhatsApp group admin must be deleted from the list of accused if he did not play any part in the crime committed by group members other than being an admin. However, the Court also held that if another material is gathered that shows the admin being involved in the crime, he may be tried according to the law. In Kishor v. State of Maharashtra an application under Section 482 of the Code of Crimin...

FATHER CAN’T AVOID MAINTAINING CHILDREN JUST BECAUSE MOTHER IS EARNING  The Delhi High Court recently ruled that man cannot avoid the responsibility of maintaining his children on the ground that his estranged wife is earning because a lot of time and effort also go into the upbringing. In  Farooq Ahmed Shala v. Marie Chanel Gillier CRL.REV.P. 855/2018,  Justice Sanjeev Sachdeva said it would be incorrect to hold both parents equally responsible for the expenses of a child. In the case, the Petitioner has challenged the order of interim maintenance @ Rs.60,000/- per month. The Petitioner challenged the order on the ground that he is a pauper and does not have any source of income and that the respondent wife herself is running a business. The  High Court of Delhi  dismissed the appeal and made the following observations in the case: Para 18.  Mere fact that the respondent wife is earning does not absolve the petitioner of his responsi...