⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Supreme Court Clarifies: False Promise of Marriage ≠ Every Broken Promise In Shaileshbhai Govindbhai Makwana v. State of Maharashtra, the Supreme Court drew an important distinction between a false promise to marry and a mere breach of promise. 🔹 If from the very beginning there was no intention to marry, and the promise was used only to obtain consent for a physical relationship → it may amount to an offence. 🔹 However, if the promise was made genuinely and later could not be fulfilled due to unforeseen circumstances → every breach of promise cannot automatically become a criminal offence. 🔹 The Court further held that a prolonged consensual relationship, where both parties were aware of each other's marital status, cannot be presumed to be based solely on a false promise of marriage. 📌 Key Principle: For criminal liability, the promise of marriage must have a direct nexus with the consent for the physical relationship and not be influenced by other factors. 💬 “It would be a folly to treat each breach of promise to marry as a false promise and prosecute under Section 376 IPC.” — Supreme Court #SupremeCourt #IndianLaw #CriminalLaw #Section376 #LegalUpdate #Lawyers #Judiciary #LegalAwareness #ShriGanpatiJurists#ChandigarhLawyers #ChandigarhAdvocates #ChandigarhLegal #BathindaLawyers #BathindaAdvocates

 🧒🏽⚖️ Minor’s Property Cannot Be Dealt With Freely by a Guardian

The Supreme Court has once again reinforced an important principle under Section 8 of the Hindu Minority and Guardianship Act, 1956:

👉 A natural guardian holds a minor’s property in a fiduciary capacity, not as an absolute owner.

Key Takeaways:

✅ Prior court permission is mandatory before selling or transferring a minor’s immovable property.

✅ A transaction made without such permission is not void, but voidable at the instance of the minor after attaining majority.

✅ The minor must challenge the transaction within the prescribed limitation period.

✅ Avoidance of the transaction need not always be through a formal suit; clear and unequivocal conduct may suffice.

✅ Until avoided, the transaction continues to bind the minor’s interest.

✅ Section 8 applies to a minor’s separate property, not ordinarily to undivided joint family property.

✅ The guiding consideration is always the welfare and benefit of the minor.

⚖️ The law strikes a careful balance between practical management of a minor’s estate and protection against irreversible decisions that may prejudice the minor’s future rights.

Principle: Unauthorized alienations are made voidable, not void, preserving both the minor’s interests and certainty in property transactions.

#SupremeCourt #MinorRights #PropertyLaw #Guardianship #Section8HMGA #HinduLaw #LegalUpdate #IndianLaw #Advocate