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True Colors of a Vile Wife

Month: June 2018

Shaik Haseena Vs Md. Karimulla on 29 June, 2016

Posted on June 30, 2018 by ShadesOfKnife

This case deals with economic abuse aspect of Domestic Violence Act.

From Para 21,

Though she deposed the above allegations in the above manner the said alleged facts stated by petitioner in her chief examination were not mentioned in her petition. For the 1st time she came up with all the above allegations in her evidence. Moreover if really her version of allegations about respondent family is true that is the respondent family trying to kill her, no women will be dare enough to stay in her in laws house even after their attempt to kill her. Further on this aspect it is also stated by her that her parents would come on the next day after receiving the information which is unbelievable. So, all the allegations against respondent and his family members appeared unbelievable and omnibus allegations.

The cherry on the cake declaration by the judge come in this para 23. Enjoy the misandrist rhetoric…

But he is not doing so, the same is also admitted by him in his cross examination that he is not paying any maintenance to pay the petitioner and his daughter. So, such attitude of remaining idle without maintaining his wife and child depending upon others also creates a mental agony to the Indian wife, particularly as the husband is bounded to maintain his family even though she is divorced unable to maintain herself. Moreover, it is also settled legislation that a able bodied husband is liable to maintain his wife and children even though he has no employment. Hence, the circumstances and the attitude of the respondent comes under purview of economic abuse as per domestic violence act. Hence, it is well established by the petitioner that she faced economic abuse in the hands of respondents. Accordingly she is entitled for maintenance.

Shaik Haseena Vs Md. Karimulla on 29 June, 2016
Posted in Prakasam DV Cases | Tagged Economic Abuce under DV Act PWDV Act 20 - Maintenance Granted Shaik Haseena Vs Md. Karimulla | Leave a comment

Hari Kishan & Anr Vs Sukhbir Singh & Ors on 25 August, 1988

Posted on June 30, 2018 by ShadesOfKnife

Hon’ble Supreme Court in this landmark judgment dealt with three questions, namely

(i) whether the respondents are not guilty of the offence under s. 307/149 IPC;

(ii) whether the High Court was justified in extending the benefit of s. 360 Cr.P.C. and releasing the accused on probation of good conduct; and

(iii) whether the compensation awarded to Joginder could be legally sustained, and if so, what should be the proper compensation ?

Let’s concentrate on the question #3

Hon’ble Apex Court has answered the question #3 above in likewise

This takes us to, the third questions which we have formulated earlier in this judgments. The High Court has directed each of the respondents to pay Rs. 2,500 as compensation to Joginder. The High Court has not referred to any provision of law in support of the order of compensation. But that can be traced to s. 357 Cr. P.C.

Section 357, leaving aside the unnecessary, provides :
“357. Order to pay compensation :
(1) When a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part,the Court may. when passing judgment. order the whole or any part of the fine recovered to be applied-
(a) in defraying the expenses properly incurred in the prosecution;
(b) in the payment to any person of compensation for any loss or injury caused by the offence. when compensation is in the opinion of the Court, recoverable by such person in a civil Court;
XXXXX XXXXX XXXX
XXXXX XXXXX
XXXXX
(3) When a Court imposes a sentence, of which fine does not not form a part, the Court may, when passing judgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.
(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its power of revision.
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter. the Court shall take into account any sum paid or recovered as compensation under this section.”

Sub-section (1) of Section 357 provides power to award compensation to victims of the offence out of the sentence of fine imposed on accused. In this case. we are not concerned with sub-section (1). We are concerned only with sub-section (3). It is an important provision but Courts have seldom invoked it. Perhaps due to ignorance of the object of it. It empowers the Court to award compensation to victims while passing judgment of conviction. In addition to conviction, the Court may order the accused to pay some amount by way of compensation to victim who has suffered by the action of accused. It may be noted that this power of Courts to award compensation is not ancillary to other sentences but it is in addition thereto. This power was intended to do something to re-assure the victim that he or she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well of reconciling the victim with the offender. It is, to some extent. a constructive approach to, crimes. It is indeed a step forward in our criminal justice system. We, therefore, recommend to all Courts to exercise this power liberally so as to meet the ends of justice in a better way.

The payment by way of compensation must, however, be reasonable What is reasonable, may depend upon the facts and circumstances of each case. The quantum of compensation may be determined by taking into account the nature of crime, the justness of claim by the victim and the ability of accused to pay. If there are more than one accused they may be asked to pay in equal terms unless their capacity to pay varies considerably. The payment may also vary depending upon the acts of each accused. Reasonable period for payment of compensation, if necessary by installments, may also be given. The Court may enforce the order by imposing sentence in default.

Final verdict in regards to this question #3

The compensation awarded by the High Court, in our opinion, appears to be inadequate having regard to the nature of injury suffered by Joginder. We have ascertained the means of accused and their ability to pay further sum to the victim. We are told that they are not unwilling to bear the additional burden. Mr. Lalit learned counsel said that his clients are willing to pay any amount determined by this Court. It is indeed a good gesture on the part of counsel and his clients.

With due regard to all the facts and circumstances of the case, we consider that Rs.50,000 compensation to Joginder would meet the ends of justice. We direct the respondents to pay the balance within two months in equal proportions.

 

Hari Kishan & Anr Vs Sukhbir Singh & Ors on 25 August, 1988
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 357 - Compensation Enhanced CrPC 357 - Order to pay compensation Hari Kishan and Anr Vs Sukhbir Singh and Ors | Leave a comment

Tanguturi Sai Kumari Vs Tanguturi Vamsi Krishna on 2 November, 2016

Posted on June 29, 2018 by ShadesOfKnife

In this case, the Knife alleged that her husband used to level false allegations of unchastity to her whenever her relatives were coming to the house of the respondent or ultimately after talking with one of her relatives over telephone, at any point of time after coming from the house of the respondent.

In Para 9, the Hon’ble Court held as

The evidence of the relatives of the petitioner who are said to have visited the house of the respondent when the petitioner was residing with the respondent, and also the evidence of the relative with whom the petitioner was talking over telephone prior to her alleged necking out from the house by the respondent are best evidence to establish the allegations of the petitioner against the respondent about the reason for imputing false allegations of unchastity to her. None of the said relatives of the petitioner are examined on the side of the petitioner to establish the very cause for the respondent to level allegation of unchastity to the petitioner leading this Court to draw an adverse inference against the petitioner under section 114(g) of the Indian Evidence Act. It is not in dispute that the respondent has filed HMOP 65/2014 on the file of Additional Senior Civil Judge, Ongole for divorce on the ground of cruelty against the petitioner. The cross-examination of the petitioner indicates that she has filed present petition after four or five months after coming to the house of her parents. The respondent contends that as counter blast to the HMOP 65/2014 filed against the petitioner the present petition has been pressed into service by the petitioner.

 

Tanguturi Sai Kumari Vs Tanguturi Vamsi Krishna on 2 November, 2016
Posted in Prakasam DV Cases | Tagged Domestic Violence Not Proved PWDV Act - Dismissed On Merits Sandeep Pamarati Tanguturi Sai Kumari Vs Tanguturi Vamsi Krishna | Leave a comment

Renu Beniwal and others Vs Sarika Nehra Beniwal on 20 April, 2018

Posted on June 29, 2018 by ShadesOfKnife

Hon’ble Punjab and Haryana High Court has dealt with 4 key questions in this judgment, namely,

(i) Whether the instant petition is maintainable, in view of the fact that the petitioners had initially approached this court seeking to challenge the orders passed by the Appellate Court in Criminal Miscellaneous No.M-24095 of 2015 and the same proceedings had been dismissed as withdrawn?
(ii) Whether the proceedings under the DV Act are maintainable against petitioners No.1 and 2, since it is admitted that they did not reside together with the respondent?
(iii) Whether the complainant-respondent would be entitled to reside in Flat No. 701, Tower 3 Uniworld Garden Sohna, Road Gurgaon, which is not belonging to her husband-petitioner No.3?
(iv) Whether the proceedings under the DV Act initiated prior in time to the decree of divorce would still be maintainable against petitioner No.3, even though the complainant-respondent has subsequently re-married?

The same are answered as follows

(i) As such, this question is answered against the respondent, holding that this petition is maintainable.

(ii) Therefore, from the above averments made in the complaint itself, it is abundantly clear that petitioners No.1 and 2 never resided or stayed together with respondent in a domestic relationship as defined in Section 2 (f) of the DV Act. Consequently, the complaint filed under the DV Act is clearly not maintainable against petitioners No.1 and 2 herein. As such, this question is answered in favour of petitioners No.1 and 2. Consequently, the complaint filed under the DV Act along with all the subsequent proceedings arising out of the same, including the impugned orders, are hereby quashed qua petitioners No.1 and 2.

(iii) From Para 19, In view of the foregoing discussion and ratio of law held by the Supreme Court in S.R. Batra’s case (supra) the third question formed by this court is answered against the respondent-wife. The house in question, being exclusively belonging to petitioner No.2 (father-in-law), it cannot be called a “shared household” within the ambit of Section 2(s) of the DV Act. Therefore, the complainant-respondent has no right to reside in the said flat and the injunction order passed by the court restraining petitioner No.2 from dispossessing her is clearly unsustainable. Consequently, the impugned order dated 1.12.2014 passed by the trial court as well as order dated 02.06.2015 passed by the lower Appellate Court restraining the petitioners herein from dispossessing the complainant-respondent from the flat in question is set aside.

(iv) The complaint filed by the respondent cannot be quashed at this stage regarding the allegations against petitioner No 3. Therefore, this question is answered against petitioner No.3.

 

Renu Beniwal and others Vs Sarika Nehra Beniwal on 20 April, 2018
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged PWDV Act - DV Case Quashed Renu Beniwal and others Vs Sarika Nehra Beniwal | Leave a comment

Challa Mahalakshmi Vs Challa Babu Rao on 16 April, 2018

Posted on June 29, 2018 by ShadesOfKnife

In this case, there was mischief played by husband together with his mother to usurp the portion of home which is in the name in wife.

 

From Para 9,

Therefore, in view of foregoing discussion this Court holds that the petitioner is entitled to reside her own house as she is the absolute rightful owner of the house sanctioned to her by the government under DK Patta for an extent of Ac.0-03 cents in the Sy.No.214 of Maddipadu village.

From Para 10,

In exercise of the powers conferred under section 37 of the Protection of Women from Domestic Violence Act, 2005, the Central Government makes rules under Rules 6 :- Application to the Magistrate:- (1) Every application of the aggrieved person under section 12 shall be in Form-II or as nearly as possible thereto. Hence, from the perusal of the aforesaid provision of law, it is clear that it is not imperative for the court to file Form-II.

Further see section 12 of the Protection of Women from Domestic Violence Act, 2005:- An applicant/complainant can be filed before the Court either by an aggrieved person or by a Protection Officer or any other person on behalf of the aggrieved person. In this way section 12(1) does not contemplated that such application should invariably be accompanied by a report from a protection officer. On perusal of proviso appended to the provision, it appears that before passing any order on the application, it is obligatory on the Court to take into consideration any report received by it from the protection officer or the service provider. Neither it is obligatory to the Court to call such report nor it is necessary that before issuance of the notice to the respondents it was obligatory for the court to consider the report. However, if any report from the protection officer is available before the Court that shall taken into consideration, but the law does not impose pre-condition for the Court to call for a report from the protection officer.

 

Domestic Violence, is, perse, not a criminal offence, but is defined extensively and comprehensively to include various conditions.

Challa Mahalakshmi Vs Challa Babu Rao on 16 April, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Prakasam DV Cases | Tagged Challa Mahalakshmi Vs Challa Babu Rao PWDV Act 18 - Protection Order Granted PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 19 - Residential Order (Rent) Granted | Leave a comment

Tagaram Raja Kumari Vs Cherukuri Aruna Kumar on 20 January, 2015

Posted on June 29, 2018 by ShadesOfKnife

Hon’ble court in this judgment ordered monthly maintenance, protection order, residence order, compensation and also litigation costs.

From Para 10,

The respondents dispute the marriage of the petitioner with the respondent no.1 and the status of the petitioner as the legally wedded wife of the respondent no.1. No doubt the petitioner did not produce any marriage certificate issued by the authorities of Poleramma temple, Nalgonda, and admittedly PW2 did not attend their marriage, however, the petition under section 12 of the Protection of Women from Domestic Violence Act, 2005, is maintainable even if a woman has failed to prove that she is the legally wedded wife of the man, provided she shows a domestic relationship existed between them, and that she had lived together along with the man in the shared house hold. Such evidence is given by PW1 before this Court, and that there is no evidence in rebuttal. The evidence of PW1 regarding domestic relationship with respondent no.1 in the shared household and her subjection to domestic violence by the respondents is also corroborated with the evidence of PW2, her paternal grandfather, and the said testimonies of PW1 and PW2 is also not destroyed in material particulars by the respondents during the course of their cross-examination except giving suggestions that were denied by them. When the respondents denies the relationship itself, it can be used as one of the circumstances against them for the proof of domestic violence. The evidence of PW1 and PW2 prove that the petitioner was neglected by the respondents and subjected to domestic violence for dowry. This point is answered accordingly in favour of the petitioner and against the respondents.

 

Tagaram Raja Kumari Vs Cherukuri Aruna Kumar on 20 January, 2015

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Prakasam DV Cases | Tagged PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 19 - Residential Order (Rent) Granted Tagaram Raja Kumari Vs Cherukuri Aruna Kumar | Leave a comment

Kandula Lakshmi Vs Kandula Raghava Rao on 22 December, 2015

Posted on June 29, 2018 by ShadesOfKnife

In this case, the Husband has not filed a Counter in response to DV Case on him by his Knife but did a namesake cross-examination. Hon’ble Court has granted Maintenance, Residential and Compensation reliefs as there was no challenge made to the allegations of Knife.

Kandula Lakshmi Vs Kandula Raghava Rao on 22 December, 2015

 

Posted in Prakasam DV Cases | Tagged DP Act 6 - Return Dowry to Knife Kandula Lakshmi Vs Kandula Raghava Rao PWDV Act 18 - Protection Order Granted PWDV Act 22 - Compensation Granted PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 19 - Residential Order (Rent) Granted | Leave a comment

Peddi Anusha Vs Peddi Vamsi Krishna on 4 August, 2016

Posted on June 28, 2018 by ShadesOfKnife

In this case, Hon’ble Court has set the Husband his family as ex parte as the husband just filed a Counter in response to a DV Case on him by his Knife but later did not join the proceedings ever. Granted Maintenance and Compensation as there was no challenge made to the allegations of Knife.

 

Peddi Anusha Vs Peddi Vamsi Krishna on 4 August, 2016
Posted in Prakasam DV Cases | Tagged Magistrate Sravan Kumar Peddi Anusha Vs Peddi Vamsi Krishna PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted PWDV Act Sec 12 - DV Case Proved And Reliefs Granted | Leave a comment

Ravuri Sujatha Vs Hanumantha Rao on 9 September, 2016

Posted on June 28, 2018 by ShadesOfKnife

In continuation of the case posted here, in this order, Hon’ble court ordered the respondent-husband to pay interim monthly maintenance @ Rs.4,000/- to the petitioner from the date of this order till the disposal of DVC, whereas the request from Knife was to grant Rs.25,000/- per month.

 

Ravuri Sujatha Vs Hanumantha Rao on 9 September, 2016

 

Posted in Prakasam DV Cases | Tagged PWDV Act Sec 23 - Interim Maintenance Granted Ravuri Sujatha Vs Hanumantha Rao | Leave a comment

Ravuri Sujatha Vs Hanumantha Rao on 29 August, 2016

Posted on June 28, 2018 by ShadesOfKnife

In this case Knife claims to be wife of respondent and he denies same. In this context, this application was moved to receive some documents by the court. and Hon’ble court has held that the documents are received on the record of the case with subject to their proof, relevancy and admissibility.

 

Ravuri Sujatha Vs Hanumantha Rao on 29 August, 2016

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Posted in Prakasam DV Cases | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate Ravuri Sujatha Vs Hanumantha Rao | Leave a comment

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  • 103.243.242.105 | SD May 16, 2025
    Event: Bad Event | Total: 4,427 | First: 2021-07-30 | Last: 2025-05-16
  • 103.232.202.69 | SD May 16, 2025
    Event: Bad Event | Total: 28,051 | First: 2017-12-07 | Last: 2025-05-16
  • 201.231.83.229 | SD May 16, 2025
    Event: Bad Event | Total: 2,808 | First: 2008-12-21 | Last: 2025-05-16
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