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True Colors of a Vile Wife

Month: June 2019

Rajani Kanta Padhi Vs State of Orissa and Others on 02 July 2010

Posted on June 30, 2019 by ShadesOfKnife

Based on Arun Vyas judgment from Apex Court, High Court of Orissa held as,

From Para 8,

There is no dispute over the proposition that offence under  Section 498-A of the I.P.C. is a continuing offence. The victim would have a new starting point of limitation on each occasion on which she was subjected to cruelty. Period of limitation has, therefore, to be computed from the last act of cruelty committed against the victim. In this context, decision in Arun Vyas and another v. Anita Vyas (supra) may be referred to. Section 498-A of the I.P.C. provides that a person for commission of offence thereunder shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Section 406 of the I.P.C. provides that whoever commits criminal breach of trust shall be punished with imprisonment  of either description for a term which may extend to three years, or with fine, or with both. Therefore, period of limitation for taking cognizance of commission of offences under Sections 498-A as well as 406 of the I.P.C. is three years as provided under Section 468 (2)(c) of the Cr.P.C.

From Para 11,

In Arun Vyas and another v. Anita Vyas (supra) also it was held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.

From Para 12,

12.
Thus, in view of nature of offence under Section 498-A of the I.P.C., it has been consistently highlighted that court should adopt liberal approach in favour of extending of period of limitation under Section 473 of the Cr.P.C. However, it is now well-settled that while taking cognizance after expiry of period of limitation, the Magistrate has to pass a speaking order assigning reasons for exercise of the discretion under Section 473 of the Cr.P.C.

 

Rajani Kanta Padhi vs State Of Orissa And Others on 02 July 2010

Citation: [

Other Source links:

https://indiankanoon.org/doc/913921/

https://www.lawyerservices.in/Rajani-Kant-Padhi-Versus-State-of-Orissa-2010-07-02

Posted in High Court of Orissa Judgment or Order or Notification | Tagged CrPC 472 - Continuing offence Rajani Kanta Padhi Vs State Of Orissa And Others

Arun Vyas and Anr Vs Anita Vyas on 14 May 1999

Posted on June 30, 2019 by ShadesOfKnife

In this landmark judgment, Apex Court held that offence under Section 498-A of the I.P.C. is a continuing offence and that there would be a new starting point of limitation on each occasion on which the victim was subjected to cruelty. It was specifically held that the last act of cruelty was committed when the victim was forced to leave matrimonial home.

Arun Vyas & Anr vs Anita Vyas on 14 May, 1999

Citation: [1999 ACR SC 2 1456], [1999 CRI LJ 3479], [1999 CRIMES SC 3 90], [1999 DMC SC 2 247], [1999 JT SC 4 421], [1999 OLR 2 364], [1999 RCR CRIMINAL 2 828], [1999 SCALE 3 724], [1999 SCC 4 690], [1999 SCR 3 719], [1999 UJ 2 968], [1999 SCC CRI 629], [1999 AIR SC 0 2071], [1999 SCC CR 0 629], [1999 AIR SC 207], [1999 RCR CRI 2 828], [1999 CRLJ 0 3479], [1999 CALCRILR 0 297], [1999 AIR SC 0 1793], [1999 SCC 4 691], [2000 BOMCR SC 1 233], [1999 SUPREME 5 458]

Other Source links: https://indiankanoon.org/doc/1494464/ or https://www.casemine.com/judgement/in/5609ad5de4b0149711411319 or https://mynation.net/judgments/arun-vyas-anr-vs-anita-vyas-on-14-may-1999/


Orissa High Court passed a similar judgment here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arun Vyas and Anr Vs Anita Vyas CrPC 472 - Continuing offence IPC 498A - 3 Years Limitation IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Landmark Case

Shalu Ojha Vs Prashant Ojha on 25 January, 2019

Posted on June 29, 2019 by ShadesOfKnife

This is the contempt petition allowed by Supreme Court and levying cost of Rs.25,000/- on the husband.

Apex Court says,

Since the petitioner is unnecessarily dragged to this Court and had to file this Contempt Petition, we impose a cost of Rs. 25,000/- which shall be paid to the petitioner by 15.02.2019.

Shalu Ojha Vs Prashant Ojha on 25 January, 2019

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Fine For Contempt Of Court Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019

Posted on June 29, 2019 by ShadesOfKnife

Delhi High Court held that the divorce granted to husband by closing the right of the appellant to cross-examine the respondent and also further proceeded to close complainant’s evidence; as well as thereafter pronounce ex parte judgment on the same day,

Shalu Ojha Vs Prashant Ojha on 28 February, 2019

The Case Index is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Divorce Set Aside Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 23 July, 2018

Posted on June 29, 2019 by ShadesOfKnife

In this proceedings, Apex Court has observed some interesting information. Take a look.

From Para 6,

It is not understood as to how petitioner’s share of expenditure is Rs. 1 lakh per month out of Rs.1.5 lakhs monthly expenditure. Likewise, it is not explained in Col. 16 as to in what form, income of Rs. 1.5 lakhs per month is generated and who is earning that income. Of course, the petitioner has otherwise maintained that she is not having any other source of income except the amount of maintenance given to her by the respondent. The petitioner has also stated that she is compelled to live in her parents house as the maintenance amount is not sufficient even to pay monthly rent of an aparment.

From Para 8,

In the reply affidavit filed by the respondent, it is averred that the petitioner is maintaining four bank accounts and the total amount lying in these accounts is Rs.8,36,610/-. It is also stated that the petitioner is having fixed deposits in the banks for a total sum of Rs. 35,75,000/-. In this manner, the total bank balance of the petitioner is Rs.44,11,610/-. As against this, the respondent has paid to the petitioner a sum of Rs.49 lakhs from June 4, 2009 to July, 2017. Thus, in the last eight years, against a sum of Rs.49 lakhs paid by the respondent to the petitioner, the petitioner is still having bank balance of Rs.44 lakhs. According to the respondent, it would be inconceivable that petitioner has spent only Rs.5 lakhs of rupees (or little more if interest earned by the petitioner on the aforesaid Rs.49 lakhs is added) in eight years and that shows that she has other sources of income as well. Other averments in the petitioner’s affidavit was also denied including her share of expenditure in the neighbourhood of Rs.1 lakh per month or that respondent is earning Rs.20 lakhs per month. In respect of the particulars given by the petitioner about the businesses of the respondent, the respondent has denied the same and submits that, at present, there is no Restaurant or Bar anywhere in India in which respondent has any share or interest. He has his own explanation and has given alleged circumstances in which he had to give up his share in certain businesses. The petitioner has controverted his averments in her rejoinder affidavit. During arguments, the petitioner also tried to demonstrate, by referring to certain documents filed by her, that the respondent was indulging in falsehood.

Advice from Supreme Court, hmmm

In these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis of such material, appropriate view is taken by the said Court.

 

Shalu Ojha Vs Prashant Ojha on 23 July, 2018

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 4 September, 2017

Posted on June 29, 2019 by ShadesOfKnife

In this reportable judgment, Apex Court directed the trail court to dispose of the petition in eight months.

Shalu Ojha Vs Prashant Ojha on 4 September, 2017

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Reportable Judgement or Order Shalu Ojha Vs Prashant Ojha

Shalu Ojha vs Prashant Ojha on 09 March, 2018

Posted on June 29, 2019 by ShadesOfKnife

In this proceeding, Petitioner-in-person sought and got one week’s time to file rejoinder affidavit. The Apex Court is also informed by the learned counsel for the respondent that in matrimonial case, vide judgment and order dated 06.02.2018, the trial court has allowed the divorce petition of the respondent and granted decree of divorce on the ground of cruelty.

Shalu Ojha vs Prashant Ojha on 09 March, 2018

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Shalu Ojha Vs Prashant Ojha

The Shalu Ojha and Prashant Ojha case

Posted on June 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Supreme Court of India on the case of Shalu Ojha Vs Prashant Ojha.

  1. On 18 September, 2014, Advocate of the complainant showed antics here.
  2. On 4 September, 2017, Supreme Court directs the parties to file documents and lead evidence in the DV Case here.
  3. On 29 January, 2018, Supreme Court directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996) here.
  4. On 09 March, 2018, trial court granted divorce to Prashant from Shalu on the grounds of cruelty, in a 1-day mode here.
  5. On 23 July, 2018, Apex Court observed some telltale signs of maliciousness in the affidavit of the complainant here.
  6. On 25 January, 2019, Apex Court levied Rs.25,000/- as fine to husband for unnecessarily dragged to this Court and had to file a Contempt Petition, here.
  7. On 28 February, 2019, Delhi High Court has set aside the Divorce decree granted by Family Court, in a 1-day mode here.

    The index page is here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha

Shalu Ojha vs Prashant Ojha on 29 January, 2018

Posted on June 29, 2019 by ShadesOfKnife

A very good judgment from Apex Court, which directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996).

Shalu Ojha vs Prashant Ojha on 29 January, 2018 IMP

The Kusum Sharma v. Mahinder Kumar Sharma is here.


The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Shalu Ojha Vs Prashant Ojha

CrPC 317 – Provision for inquiries and trial being held in the absence of accused in certain cases

Posted on June 28, 2019 by ShadesOfKnife

317. Provision for inquiries and trial being held in the absence of accused in certain cases.

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

Sample is available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases

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