This is a funny judgment where by a highly qualified wife is granted maintenance under Section 24 of HMA.
Don’t miss to read the para 12
Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018
This is a funny judgment where by a highly qualified wife is granted maintenance under Section 24 of HMA.
Don’t miss to read the para 12
Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018
In this judgment, Hon’ble High Court asserted that before hurrying to issue Interim maintenance Family courts should ensure the movable and immovable properties/assets of both parties is called for and then a fair assessment for Interim maintenance amount is arrived at.
K.R.Arun vs M.Latha on 22 September, 2014
Supreme Court laid out this judgment to the extent of… Hindu woman marrying a Hindu man having a lawfully wedded wife is not entitled to maintenance.
From Para 8,
Smt. Yamunabai Anantrao Adhav A Vs Ranantrao Shivram Adhav And ... on 27 January, 19888. We therefore, hold that the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of s. 125 of the Code.
In this Andhra Pradesh High Court judgment, Dr. Justice D Siva Sankara Rao ordered that as no relation exists in the nature of marriage, no maintenance is maintainable in section 125 as well as Domestic Violence Cases.
Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017This is awesome judgment from Hon’ble Supreme Court that reaffirmed that When there is no relationship in the nature of marriage, no DV can apply.
iStory!
Ms. Indra Sarma, an unmarried woman, left her job and began a “live-in” relationship with Mr. V.K.V. Sarma for a period as long as 18 years, despite knowing that he was married. Mr. Sarma abandoned Ms. Sarma in a state where she could not maintain herself. Under the Protection of Women from Domestic Violence Act, 2005, failure to maintain a woman involved in a “domestic relationship” amounts to “domestic violence.” Two lower courts held that Mr. V.K.V. committed domestic violence by not maintaining Ms. Sarma, and directed Mr. Sarma to pay a maintenance amount of Rs.18,000 per month. Thereafter, on appeal, the High Court of Karnataka set aside the orders of the lower courts on the ground that Ms. Sarma was aware that Mr. Sarma was married and thus her relationship with him would fall outside the protected ambit of “relationship in the nature of marriage” under the Protection of Women from Domestic Violence Act, 2005. On further appeal, the Supreme Court, while affirming the High Court’s order, created an exception to the general rule. The Supreme Court clarified that a woman who begins to live with a man who is already married to someone else, without knowing that he is married, will still be considered to be in a “domestic relationship” under the Protection of Women from Domestic Violence Act, 2005; thus, the man’s failure to maintain her will amount to “domestic violence” within the meaning of the Act and she will be eligible to claim reliefs such as maintenance and compensation. This case is important because it established for the first time such an exception and calls for legislative action to protect women like Ms. Sarma whose contributions in a joint household are often overlooked.
Guidelines issues in the Judgment
Indra Sarma vs V.K.V.Sarma on 26 November, 201355. We may, on the basis of above discussion cull out some guidelines for testing under what circumstances, a live-in relationship will fall within the expression “relationship in the nature of marriage” under Section 2(f) of the DV Act. The guidelines, of course, are not exhaustive, but will definitely give some insight to such relationships.
1) Duration of period of relationship Section 2(f) of the DV Act has used the expression “at any point of time”, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.
(2) Shared household The expression has been defined under Section 2(s) of the DV Act and, hence, need no further elaboration.
(3) Pooling of Resources and Financial Arrangements Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.
(4) Domestic Arrangements Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.
(5) Sexual Relationship Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.
(6) Children Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.
(7) Socialization in Public Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.
(8) Intention and conduct of the parties Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.
Citations: [AIR 2014 SC 309], [Manu/SC/1230/2013], [2014-1 LW.(Crl.) 129], [2013 SCC 15 755], [2014 SCC CIV 5 440], [2014 SCC CRI 6 593], [2013 SCC ONLINE SC 1042], [2013 KERLT 4 763], [2013 GUJ LH 3 720], [2014 AIC 133 225], [2014 ALR 102 711], [2014 LW 1 561], [2013 AIOL 781], [2014 AIR BOMR 1 615], [2014 ALLMR CRI SC 319], [2014 BOMCR CRI SC 1 496], [2014 JLJR SC 1 549], [2014 RCR CRIMINAL SC 1 179]
Other Sources:
https://indiankanoon.org/doc/192421140/
https://www.casemine.com/judgement/in/5609af32e4b0149711415ca2
The index page is here.
Listed below are few judgments which deal with maintenance for knifes under Section 125 of CrPC. Some are judgments of various courts where there are modifications done to the interim maintenance granted to Knife. The reason for this listing is to initiate Perjury proceedings against the Knife, as and when applicable.
In some recent judgments of High Courts, it is being held that capable to earn is NOT equated to earning currently. Banking on this aspect only is not helpful and can be suicidal if this is the only argument victim-husband has.
Supreme Court
Allahabad High Court
Andhra Pradesh High Court
Trial Courts:
Bombay High Court
Chhattisgarh High Court
Delhi High Court Judgments
Trial Courts:
Gauhathi High Court
Gujarat High Court
Jammu and Kashmir and Ladakh High Court
Jharkhand High Court
Karnataka High Court
Kerala High Court
Madhya Pradesh High Court
Madras High Court
Patna High Court
Uttarakhand High Court
Index of all Maintenance judgments is here.
This Allahabad High Court judgment also clarifies established below legal point in Maintenance case under section 125 of CrPC. It relies on Deoki here.
In the absence of any custom and in absence of any decree for divorce, it cannot be said that marriage between Alok Berman and Smt. Rani was dissolved, which goes to show that Alok Berman was still legally married husband of Smt. Rani, who was, admittedly, alive at the time of marriage of Smt. Kiran Dhar with Alok Berman, and the marriage between them was not annulled as per law.
Further,
Smt.Kiran Dhar vs Alok Berman on 14 May, 201426. Section 13 of Hindu Marriage Act clearly requires a petition either by the husband or the wife for dissolving the marriage by decree or divorce on the ground mentioned in Section 13 of Hindu Marriage Act. No other form of divorce has been recognized by Hindu Marriage Act. Annexure 5 is an agreement between Alok Berman and his earlier wife – Smt. Rani in which parties had signed a divorced deed in which they have stated that they are dissolving the marriage by this deed on the conditions mentioned in the deed. Condition no.6 is also very relevant in which she has stated that if either of the parties filed a divorce case in the Court, then another party will give consent to the divorce without making any objection.
27. It is not on record as to whether any suit for divorce was filed by Smt. Rani or not. In absence of any document and decree of divorce by the court, it can safely be presumed that no such application was moved by either of parties before the competent court for dissolution of marriage. In view of this, the only evidence of divorce is the document Annexure 5. This document has not seen the light of day during any divorce proceeding. Hindu Marriage Act does not recognize any divorce of such type. It has also not been averred and proved that there was such custom in the society of parties to recognize such type of divorce.
28. In the absence of any custom and in absence of any decree for divorce, it cannot be said that marriage between Alok Berman and Smt. Rani was dissolved, which goes to show that Alok Berman was still legally married husband of Smt. Rani, who was, admittedly, alive at the time of marriage of Smt. Kiran Dhar with Alok Berman, and the marriage between them was not annulled as per law.
29. In view of Sections 5 (1) and 11 of Hindu Marriage Act and also in view of decision of Apex Court in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) the marriage between Smt. Kiran Dhar and Alok Berman is void ab initio, and she is not entitled to maintenance.
30. It is also clear from the decision of Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) that even if the second wife (Smt. Kiran Dhar) was not aware of first marriage of her husband with another woman, she is not entitled to any maintenance.
Citations: [2015 DMC ALL 2 357], [2014 ALLCC 86 807], [2015 ACR 1 945], [2014 ALR 106 405], [2015 CRIMES ALL 1 607], [2014 SCC ONLINE ALL 15005], [2015 ALL LJ 1 391], [2014 AIC 142 877], [2015 HLR 2 522]
Other Sources:
https://indiankanoon.org/doc/187951850/
https://www.casemine.com/judgement/in/56b492ff607dba348f003b0a
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=158933
This is a Bombay High Court judgment clarifying that when there is no domestic relationship, no domestic violence can happen.
Jayantilal Kanji Nagda Vs State of Maharashtra and anr. on 8 May, 2015
Another judgment this time from Bombay High Court, which says no cruelty proved in maintenance case under section 125 CrPC results in no maintenance to Knife.
This sentence in last para is not appreciable though.
However, the payment of maintenance allowance, if any, during the intervening period, is not refundable by her.
Note: This is how the false case filers are encouraged/supported by Judiciary in India.
Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008
Hon’ble Supreme Court has clarified the legal position on whether an appellant can engage a private pleader to assist the Public prosecutor or Assistant Public prosecutor in court of sessions.
Shiv Kumar vs Hukam Chand And Anr on 30 August, 1999
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