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Shades of Knife

True Colors of a Vile Wife

Month: June 2018

Barakam Rama Devi Vs Barakam Venu Babu on 6 February, 2017

Posted on June 28, 2018 by ShadesOfKnife

Domestic Violence is proved in this case and reliefs granted by Hon’ble Court. Illegal affair is alleged by Husband and Wife Could not produce any documentary evidence to prove his salary or agricultural land.

Barakam Rama Devi Vs Barakam Venu Babu on 6 February, 2017

 

 

Posted in Prakasam DV Cases | Tagged Barakam Rama Devi Vs Barakam Venu Babu PWDV Act Sec 12 - DV Case Proved And Reliefs Granted | Leave a comment

Guduri Niroosha Vs Guduri Dakshina Murthy on 16 October 2017

Posted on June 28, 2018 by ShadesOfKnife

In this case, Domestic Violence on Knife by husband is proved hence all reliefs requested are granted by Hon’ble Court.

 

Guduri Niroosha Vs Guduri Dakshina Murthy on 16 October 2017
Posted in Prakasam DV Cases | Tagged Guduri Niroosha Vs Guduri Dakshina Murthy PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted | Leave a comment

Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu on 20 Devember, 2017

Posted on June 26, 2018 by ShadesOfKnife

In this interesting case of Domestic Violence by a son on his mother, the Hon’ble court has allowed maintenance to the mother.

 

Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu on 20 Devember, 2017
Posted in Prakasam DV Cases | Tagged Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu PWDV Act - Case on Son by Mother PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Yedluri Aparna Vs Gunde Prasanna Babu on 27 September, 2016

Posted on June 26, 2018 by ShadesOfKnife

In this judgment, the false DV Case is dismissed after trial.

Highlights

  • The petitioner suppressed the filing of Criminal case against the Respondents.
  • Evidence of PW.1 that immediately after the marriage they put up family at Chirala and led happy marital life for one month is false.
  • Evidence of PW.1 that the disputes arose between herself and the 1st Respondent in the 3rd month after the marriage is not believable.
  • PW.2 has improvised the evidence of PW.1 and stated that the elders of the Respondent informed to the father of the petitioner to take back the petitioner as 1st Respondent necked out of the house and she waited the out side of the house, which is not stated by PW.1 in her evidence or in her petition.
  • PW.2 did not state what PW.1 has stated in her evidence. On the other hand, PW.2 stated what PW.1 has not stated in her evidence, which is a serious allegation made against the 1st Respondent.
  • In his cross-examination PW.2 stated that he does not know the family affairs of the Respondent after the marriage. This itself shows that PW.2 is speaking false hood.
  • PW.2 further stated in his cross-examination that he does not know at the time of marriage whether the petitioner has been continuing her studies or not and he does not know further studies of the petitioner after the marriage
  • The evidence of PW.3 that he visited the house of the 1st Respondent in the month of September, 2015 along with Lama Suresh and found PW.1 out side the house, as she was necked out during midnight by the 1st Respondent is not at all believable.
  • If really, the petitioner was necked out during midnight, the petitioner is not an illiterate woman, she is educated and she might have went to the Police Station and ought to have lodged a report at least with the help of PW.3. But PW.1 did not do so.
  • If really any domestic violence has occurred as stated by the petitioner and if really the 1st Respondent demanded additional dowry of Rs.3,00,000/- and used to beat her in a drunken state, then how can the 1st Respondent visit his in-laws house at B. Nidamanuru Village.
  • This lends support to the contention of the 1st Respondent that the 1st Respondent might have married the petitioner withoutreceiving any dowry, since the 1st Respondent is an employee. Added to that PW.1 in her cross-examination stated that her father is an agriculturist and he was not having any agricultural land. When the father of the petitioner herself is not owning any land and he is an agriculturist then how can he give a dowry of Rs.5,00,000/- besides Rs.1,50,000/- towards marriage expenses and also 6 sovereigns of gold to the 1st Respondent at the time of marriage.

 

Final nail in the coffin of the knife

From Para 22,

However, PW.1 categorically stated in her evidence that she is ready and willing to join the 1st Respondent, if he changes his attitude. If really PW.1 was subjected to domestic violence, certainly PW.1 will not express her willingness to join with to Respondent No.1. PW.1 did not state that she will join 1st Respondent, if he withdraw his demand of additional dowry of Rs.3,00,000/-. This itself shows that there is no demand of additional dowry by 1st Respondent.

 

Yedluri Aparna Vs Gunde Prasanna Babu on 27 September, 2016

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 - Dismissed On Merits Yedluri Aparna Vs Gunde Prasanna Babu | Leave a comment

Nagisetti Madhavi Vs Nagisetti Anil Kumar on 28 December, 2017

Posted on June 26, 2018 by ShadesOfKnife

This is a DV case wherein the husband never joined the case proceedings and hence was set as ex parte. And then the requested reliefs are granted to knife.

 

Nagisetti Madhavi Vs Nagisetti Anil Kumar on 28 December, 2017
Posted in Prakasam DV Cases | Tagged Ex Parte Order Magistrate M Anuradha Nagisetti Madhavi Vs Nagisetti Anil Kumar PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Kamani Chandana Sai Vs Kamani Chennapa Naidu on 5 January, 2018

Posted on June 26, 2018 by ShadesOfKnife

A compromised/settled case outside court resulted in the DV case being dismissed as withdrawn.

Kamani Chandana Sai Vs Kamani Chennapa Naidu on 5 January, 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 Kamani Chandana Sai Vs Kamani Chennapa Naidu PWDV Act - Dismissed As Withdrawn | Leave a comment

K.R Chitra Vs Supreme Court Legal Services Committee on 30 September, 2015

Posted on June 25, 2018 by ShadesOfKnife

High Court of Delhi has given this judgment, where in a advocate was not selected for Supreme Court Legal Services Committee and she filed this interesting case.

K.R Chitra Vs Supreme Court Legal Services Committee on 30 September, 2015

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Accused Have Right To Change Advocate K.R Chitra Vs Supreme Court Legal Services Committee | Leave a comment

Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016

Posted on June 25, 2018 by ShadesOfKnife

Another gem of a judgment from Justice B. SIVA SANKARA RAO where in he allowed examination of accused via Skype

Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 309 - Power to Postpone or Adjourn Proceedings Private Person or GPA Holder To Act and Plead for Plaintiff Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao Skype facility | 2 Comments

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Posted on June 25, 2018 by ShadesOfKnife

Hon’ble of Andhra Pradesh High Court has allowed permission for a GPA of a petitioner, to represent the petitioner and depose on his behalf in the court of law.

In view of the above clear cut pronouncement, it is evident that a GPA holder can depose and also lead evidence on behalf of his principal.
Learned Family Court Judge also appears to have entertained an apprehension as to whether the Family Court can entertain an application presented by a legal practitioner in view of the provision contained in Section 13 of the Family Courts Act, 1984.
From the very preamble of the Family Courts Act, 1984, one would gather that every endeavour is required to be made by the Family Court to assist the parties in arriving at a speedy settlement of disputes relating to the marriage and/or family affairs. That explains the reason Section 9 of the said Act provided for an appropriate legal environment for settlement of the disputes in an amicable manner. The parties are not only required to be assisted, but also required to be persuaded by the Judge in arriving at a settlement while keeping in view the importance of protecting and preserving the institution of the marriage between the parties. To the extent possible, the Family Court is required to utilize its skills and wisdom gained over long period of time by careful study of the ills of the society and then finding suitable cure for them and hence, the Family court must try to bring about a reconciliation of the disagreements persisting between the parties. However, when two parties to a marriage come before a Family Court and ask for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act, 1955, the Court is required to adjourn the motion moved by both parties by a period not earlier than six months, as per sub Section 2 of Section 13-B of the Hindu Marriage Act. Further, Sub Section 2 requires that the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit with regard to the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of such decree. Therefore, there may have been a genuine apprehension in the mind of the Family Court Judge as to whether there is any possibility of reconciliation between the parties or change of mind with regard to consent expressed earlier for such dissolution, when the petition is returned by it.
Keeping the very object behind the Family Courts Act, 1984, read with the spirit behind Section 13-B of the Hindu Marriage Act, the Family Court could have entertained the interlocutory application in as much as legal practitioners are not totally forbidden from rendering assistance to the Family Court. One of the reasons why Section 13 of the Family Courts Act, 1984, declared that no party to a suit or proceeding shall be entitled as of right to be represented by a legal practitioner sans technicalities or legal necessities, the parties must be helped by the Court to reconcile the disputes persisting between them. Unlike a traditional setup of the Court, where the Presiding Judge has to maintain not only an equiy distance between the parties to a lis, but also maintain a sense of impartiality towards the cause of both sides and essentially was required to maintain an arms length distance from the parties, in a Family Court, the Judge is donning the robes of a facilitator, a mentor and an expert counselor. A slight tilt in the approach to one of the parties in a Family Court, depending upon the facts and circumstances prevailing in the case and if the ends of justice would be better served by dosing so, is allowable. The emphasis being laid upon essentially preserving the institution and interest of the marriage and the welfare and well-being of the parties etc. Hence, the Family Court is entitled to receive, examine and act upon an affidavit filed by one of the parties before it, acting through a GPA. A petition moved in that regard is maintainable.

Finally,

I am, therefore, of the opinion that the Family Courts are entitled to ascertain the views of the parties and for that purpose adjourning a case by a reasonable period is not to be frowned upon. But, however, if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court cam entertain, unhesitatingly any such move/application.
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to preoccupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. ‘Skype’ is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired
about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information.

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Citations : [2015 ALD 4 757], [2015 ALT 5 150], [2015 AIR AP 191]

Other Sources :

https://indiankanoon.org/doc/123683887/

https://www.casemine.com/judgement/in/5608f8e1e4b01497111439d9

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocates Act Section 32 Dasam Vijay Rama Rao Vs M.Sai Sri Family Courts Act Sec 13 HM Act Sec 13B - Divorce by Mutual Consent Legal Procedure Explained - Interpretation of Statutes Private Person or GPA Holder To Act and Plead for Plaintiff Reportable Judgement or Order Skype facility | Leave a comment

Mukanchand Bothra Vs Inspector of Police on 25 January, 2018

Posted on June 25, 2018 by ShadesOfKnife

Hon’ble Madras High Court has permitted a son, who is not a advocate, to represent his sick father in a case of bail petition.

Mukanchand Bothra Vs Inspector of Police on 25 January, 2018
Posted in High Court of Madras Judgment or Order or Notification | Tagged Advocates Act Section 32 Party In Person Series Private Person or GPA Holder To Act and Plead for Plaintiff | Leave a comment

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