Lawfully yours: By Retd Justice K Chandru

Courts apply ‘res ipsa loquitur’ principles in accident cases

Q: Driving etiquettes continue to be a major concern in Chennai. While police warn against speeding, many other issues are overlooked, including unnecessary honking, overtaking on clogged lanes, and not using dipper lights. Most often, the high beams, which blind people behind the wheels, lead to accidents during night hours. Earlier, traffic cops used to check for bull’s eye on the headlights – where the centre portion of the headlight is painted in black or stuck with a black sticker to reduce glare. Sadly, not now. Also, the use of blinding white headlights and LEDs has increased, with even two-wheelers opting for them. Violators justify their act saying the bright lights are needed to scan pothole-ridden roads.

Who is to take the blame here? How can a commoner get driving rules imposed, especially during night hours? How can an accident victim take up or prove a complaint of the accused vehicle user not using dippers? Baburaj, Madhavaram

A: The concept of ‘res ipsa loquitur’, which means things will speak for itself is accepted by courts. In a road accident, it is difficult to get eyewitnesses. If you speak about the accident, the circumstances can be proved by the investigation officer and the court accepts such evidence. Ultimately, all without exception (even if they are judges) must follow the traffic rules. With the installation of CCTVs, many of the violations can be proved.

Remarrying same partner should be an exercise done bona fide

Q: I have been separated from my husband for six years. It was a mutual decision after which we are not in touch either. He meets our only son as per the terms put forth by the court. Looking back, I feel we parted on silly matters which could have been talked out. As our son is nearing his marital age, I think of setting right our disputes. Does our divorce in any way stop us from reuniting? Will there be any consequences if we fall apart again? Name withheld on request

A: If you are not of the Islamic faith you can get married to the same divorced spouse. Even if that marriage fails, there are no legal consequences, including on property rights. But that should be exercised bona fide.

There was a case where a woman who divorced her husband on grounds of mental health, remarried him after finding that person has inherited wealth from his parents. She was caught by the High Court and is now facing criminal prosecution. All the properties sold by her were retrieved on the orders of the court.