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True Colors of a Vile Wife

Author: ShadesOfKnife

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Posted on June 25, 2025 by ShadesOfKnife

A single Judge of Madhya Pradesh High Court at Gwalior Bench held that one fundamental right under Constitution must yield to another and, the right to fair trial must yield to right to privacy.

From Paras 11 and 12,

11. In order to achieve its object to simplify the rules of evidence and procedure, Section 14 of the Family Courts Act provides for an exception to the general rule of evidence regarding admissibility of any report, statements, documents, information or matter, which it considers necessary to assist it and to deal with it effectively. Apparently, such a provision is made keeping in view the nature of cases which are dealt with by the Family Courts. Needless to mention here that Section 14 of Family Courts Act is a special legislation and by virtue of this provision, the strict principles of admissibility of evidence as provided under the Evidence Act have been relaxed.
12. A cumulative reading of Section 14 & 20 of the Family Courts Act, takes within its ambit the restricted applications of the provisions of the Evidence Act qua the documentary evidence which includes electronic evidence, whether or not the same is otherwise admissible. The only guiding factor is that the Family Court should be of the opinion that such evidence would assist the Court to deal with the matrimonial dispute effectively. It is the absolute power and authority of the Family Court either to accept or discard particular evidence in finally adjudicating the matrimonial dispute. However, to say that a party would be precluded from placing such documents on record and/or such documents can be refused to be exhibited unless they are proved as per Evidence Act, runs contrary to the object of Section 14 of the Family Courts Act.

From Paras 18 and 19, (No fundamental right under our Constitution is absolute)

18. By reading the dictum of Apex Court in the case of Sharda & Puttaswami (supra), it is evident that right to privacy is recognized as a fundamental right under Article 21 of Constitution, but the same is not an absolute right. In case of necessity, a law can be framed permitting invasion to life and personal liberty. Section 14 of Family Courts Act and Section 122 of Indian Evidence Act are some such statutory provisions which permits invasion to right to privacy. It is worth mentioning here that vires of either of the aforesaid provisions are not under challenge and, therefore, the same have to be deemed as valid, fair and reasonable.
19. Since no fundamental right under our Constitution is absolute, in the event of conflict between two fundamental rights, as in this case, a contest between the right to privacy and the right to fair trial, both of which arise under Article 21 of our Constitution, the right to privacy may have to yield to the right to fair trial. Reference in this regard can be made to the observations of a 5-Judge Constitution Bench decision of Apex Court in Sahara India Real Estate Corporation Limited Vs. Securities and Exchange Board of India reported in (2012)10 SCC 603

From Paras 20 and 21,

20. Reading the law laid down by Apex Court in the case of Sharda, Puttaswamy & Sahara India (supra), it comes out loud and clear that even though right to privacy has been recognized as a fundamental right, the same is not absolute and is subject to exceptions and limitations. While a litigating party certainly has a right to privacy, that right must yield to the right of an opposing party to bring evidence it considers relevant to court, to prove its case. It is a settled concept of fair trial that a litigating party gets a fair chance to bring relevant evidence before court. It is important to appreciate that while the right to privacy is essentially a personal right, the right to fair trial has wider ramifications and impacts public justice, which is a larger cause. The cause of public justice would suffer if the opportunity of fair trial is denied by shutting-out evidence that a litigating party may wish to lead, at the very threshold. Saying otherwise, would negate the specific statutory provision contained in Section 14 of Family Courts Act, which says that evidence would be admissible, whether or not the same is otherwise admissible under Evidence Act.
21. If it were to be held that evidence sought to be adduced before a Family Court should be excluded based on an objection of breach of privacy right then the provisions of Section 14 would be rendered nugatory and dead-letter. It is to be borne in mind that Family Courts have been established to deal with matters that are essentially sensitive, personal disputes relating to dissolution of marriage, restitution of conjugal rights, legitimacy of children, guardianship, custody, and access to minors; which matters, by the very nature of the relationship from which they arise, involve issues that are private, personal and involve intimacies. It is easily foreseeable therefore, that in most cases that come before the Family Court, the evidence sought to be marshaled would relate to the private affairs of the litigating parties. If Section 14 is held not to apply in its full expanse to evidence that impinges on a person’s right to privacy, then not only of Section 14 but the very object of constitution of Family Courts shall be frustrated. Therefore, the test of admissibility would only be the relevance. Accordingly, fundamental considerations of fair trial and public justice would warrant that evidence be received if it is relevant, regardless of how it is collected. The purpose of legislating Section 14 would be frustrated if it is to give way to right of privacy.

From Para 35,

35. In view of the discussion made above, this court is of the opinion that the Legislature, being fully aware of the principals of admissibility of evidence, has enacted Section 14 in order to expand that principle in so far as disputes relating to marriage and family affairs are concerned. The Family Court is thereby freed of restrictions of the strict law of evidence. The only test under Section 14 for a Family Court to receive the evidence, whether collected legitimately or otherwise, is based upon its subjective satisfaction that the evidence would assist it to deal effectually with the dispute.

From Para 38,

38. In view of the discussion made above, it is held that:
(a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected. The possible misuse of this rule of evidence, particularly in the context of the right to privacy, can be addressed by prudent exercise of judicial discretion by the Family Court, not at the time of receiving evidence but at the time of using evidence at the stage of adjudication;
(b) merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact. Admitting evidence is not even reliance by the court on such evidence. Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the
discretion of the court;
(c) the test of ‘relevance’ ensures that the right of a party to bring evidence to court, and thereby to a fair trial, is not defeated. What weight is to be given to evidence so brought-in, and whether or not the court ultimately relies upon such evidence for proof of a fact-in-issue or a relevant fact, is always in the discretion of the court.
(d) merely because a court allows evidence to be admitted, does not mean that the person who has illegally collected such evidence is absolved of liability that may arise, whether in civil or criminal law or both;
(e) such evidence must be received and treated with caution and circumspection and to rule-out the possibility of any kind of tampering, the standard of proof applied by a court for the authenticity and accuracy of a such evidence should be more stringent as compared to other evidence;

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Index of Divorce Judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Anjali Sharma Vs Raman Upadhyay BSA Sec 128 - Communications during marriage Catena of Landmark Judgments Referred/Cited to Disagrees with Views of Other High Court Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 Family Courts Act Sec 20 - Act to have overriding effect Illegally Obtained Evidence Admissible As Long As Relevant to Case | Leave a comment

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011

Posted on June 22, 2025 by ShadesOfKnife

A single judge of Gujarat High Court held a follows,

From Para 17,

17.Having said so, I cannot lose sight of the fact that nowhere under the Act learned Magistrate is permitted to pass final order of custody and any order that learned Magistrate can pass must have limited validity either in terms of time or happening of an event. Learned Magistrate cannot pass order granting permanent custody of the child to the aggrieved person.

From Para 20,

20.As pointed out by the counsel for the petitioner, the child has remained with the father since his birth. Child has remained with father exclusively since separation of husband and wife in May 2007. Three and half years have passed since then. He is stated to be studying in school at Ahmedabad. Wife has already instituted proceedings before the Sessions Court under the Guardian and Wards Act. She is stated to have also prayed for interim custody in such proceedings. In such proceedings detailed inquiry will be conducted. Both sides will have liberty to led evidence. Therefore, bypassing these proceedings, particularly, when the child has been with the father since May 2007 exclusively, I am of the opinion that learned Magistrate committed an error in granting temporary custody of the child to the mother. This part of the order therefore, requires modification.

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011

Court Kutchehry version:

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011 (CK)

Citations:

Other Sources:

https://indiankanoon.org/doc/432251/

https://www.casemine.com/judgement/in/56091e7fe4b01497111b3b20

https://www.courtkutchehry.com/Judgement/Search/t/716336-dhaval-rajendrabhai-soni-vs-bhavini


Index of Domestic Violence Act judgments here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Child Custody Given to Father Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors PWDV Act Sec 21 - Child Custody Order | Leave a comment

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Posted on June 17, 2025 by ShadesOfKnife

A division bench of Apex Court granted Divorce to husband against a lying wife.

From Para 10,

10. A perusal of the FIR shows that the allegations made by the complainant are that in the year 1999, the Appellant inflicted mental and physical cruelty upon her for bringing insufficient dowry. The Complainant refers to few instances of such atrocities, however the allegations are generic, and rather ambiguous. The allegations against the family members, who have been unfortunately roped in, is that they used to instigate the Appellant husband to harass the Complainant wife, and taunted the Complainant for not bringing enough dowry; however, there is no specific incident of harassment or any evidence to that effect. Similarly, the allegations against the five out of six sisters that they used to insult the Complainant and demanded dowry articles from her, and upon failure beat her up, but there is not even a cursory mention of the incident. An allegation has also been made against a tailor named Bhagwat that he being a friend of the Appellant instigated him against the Complainant, and was allegedly instrumental in blowing his greed. Such allegations are merely accusatory and contentious in nature, and do not elaborate a concrete picture of what may have transpired. For this reason alone, and that the evidence on record is clearly inconsistent with the accusations, the version of the Complainant seems implausible and unreliable. The following observation in K. Subba Rao v. State of Telangana Represented by Its Secretary, Department of Home & Ors.2, fits perfectly to the present scenario:
“6. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.”
11. As regards the Appellant, the purportedly specific allegations levelled against him are also obscure in nature. Even if the allegations and the case of the prosecution is taken at its face value, apart from the bald allegations without any specifics of time, date or place, there is no incriminating material found by the prosecution or rather produced by the complainant to substantiate the ingredients of “cruelty” under section 498A IPC, as recently observed in the case of Jaydedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat3 and Rajesh Chaddha v. State of Uttar Pradesh.4 The Complainant has admittedly failed to produce any medical records or injury reports, x-ray reports, or any witnesses to substantiate her allegations. We cannot ignore the fact that the Complainant even withdrew her second Complaint dt. 06.12.1999 six days later on 12.12.1999. There is also no evidence to substantiate the purported demand for dowry allegedly made by the Appellant or his family and the investigative agencies in their own prudence have not added sections 3 & 4 of the Dowry Prohibition Act, 1961 to the chargesheet.

From Para 13,

13. It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused. Notwithstanding the possibility of truth behind the allegations of cruelty, this growing tendency to misuse legal provisions has time and again been condemned by this Court. The observations in Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr.5, Preeti Gupta & Anr. v. State of Jharkhand & Anr.6 aptly captures this concern.

From Para 15,

15. It is a settled position of law that for the computation of the limitation period under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.7 The dicta laid down in the case of Bharat Damodar Kale & Anr. v. State of Andhra Pradesh8 makes it unequivocally clear that the Magistrate is well within his powers to take cognizance of a complaint filed within a period of three years from the date of the commission of offence as mandated under section 468 CrPC.

Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025

Index of Quash Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 468 - Bar to taking cognizance after lapse of the period of limitation Divorce Granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Filing False Criminal Complaints causes Mental Cruelty Ghanshyam Soni Vs State (NCT of Delhi) and Anr HM Act - Mental Cruelty Proved Legal Terrorism Mental Cruelty Reportable Judgement or Order | Leave a comment

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Posted on June 16, 2025 by ShadesOfKnife

A division bench of Madras High Court passed this Judgment.

From Para 16, (How simple mistakes can turn evidence into trash!)

16. At this juncture, the learned Counsel for the petitioner would invite the attention of this Court to Ex-R.4 in H.M.O.P. No.702 of 2021 – Screenshot of Whatsapp Chat dated October 17, 2017, and would argue that the respondent herself admitted that everything is her fault and apologised to the petitioner about 10 days before making Ex-R.5 – Complaint and that in such a scenario, Ex-R.5 – Complaint could only be a false one. This Court has perused Ex-R.4 – Screenshot. It appears that the petitioner has received a message from a contact whom he has saved as “ANU”. The respondent has denied the said message in her cross-examination. The burden is upon the petitioner to prove Ex-R.4 –Screenshot. It is true that the Indian Evidence Act, 1872 would not be strictly applicable to family court matters, in view of Section 14 of the Family Courts Act, 1984. But, said Section 14 does not dispense with the burden of proof. The burden remains upon the petitioner. But the petitioner has failed to discharge the said burden. The petitioner has not taken any steps to prove that the said contact from which he received such a message, is his wife / respondent. Hence, the argument of the learned Counsel for the petitioner deserves to be rejected.

From Para 17,

17. Be that as it may, whether the averments contained in Ex- R.5 – Complaint are true or not is a matter for police investigation and the truth can be found only in the trial. But there was no investigation in the first place. The averments remain unestablished. The averments made in Ex-R.5 are of such nature that unless proved, they amount to defamation, which in turn constitutes to mental cruelty. If really the said averments are true, the respondent ought to have taken prudent steps to prove her averments when the petitioner failed to reunite with her. Unsubstantiated or uncorroborated defamatory averments made in Ex-R.5, causes stigma and mental agony to the petitioner as well as his family, and in the facts and circumstances of this case amounts to cruelty.

From Paras 20-21,

20. As elaborated above, the unestablished sexual allegations made by the respondent against the petitioner and his father, amounts to cruelty and thus, the petitioner has made out a case under Section 13 (1) (i-a) of H.M. Act. Points for consideration arising in these Civil Miscellaneous Appeals are answered accordingly. The petitioner is thus entitled to a Decree of divorce.
21. It is learnt that the petitioner is paying a maintenance of Rs.25,000/- to the respondent and his 8 year old child (who is under the custody of the respondent) every month. Considering the facts and circumstances of this case, especially the stand taken by the respondent that she is ready and willing to let go of the past and resume her marital life with the petitioner, this Court is of the view that though divorce is granted in favour of the petitioner, maintenance rights of the respondent shall remain unaffected.

V.Rajesh Vs S.Anupriya on 04 Jun 2025

Index to Divorce Judgments is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Baseless charges Against Spouse is Cruelty Divorce Granted on Cruelty ground Divorce Granted to Husband False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Terrorism V.Rajesh Vs S.Anupriya | Leave a comment

Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014

Posted on June 8, 2025 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 7,

7. The right of hearing given to accused under Section 401 clause (2) of Criminal Procedure Code was elaborately dealt with by this Court in Manharibhai Muljibhai Kakadia case (supra).
8. In the present case challenge is laid to order dated 4.3.2009 at the instance of the complainant in the revision petition before the High Court and by virtue of Section 401(2) of the Code, the accused mentioned in the First Information Report get the right of hearing before the revisional court although the impugned order therein was passed without their participation. The appellant who is an accused person cannot be deprived of hearing on the face of the express provision contained in Section 401(2) of the Code and on this ground, the impugned order of the High Court is liable to be set aside and the matter has to be remitted.

Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bal Manohar Jalan Vs Sunil Paswan and Anr CrPC 203 - Dismissal of complaint CrPC 397/399 - Revision CrPC 399 - Sessions Judge's powers of revision CrPC 401 - High Court's Powers of revision Reportable Judgement or Order | Leave a comment

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8, 2025 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition)

Posted on June 7, 2025 by ShadesOfKnife

After lot of dilly-dallying, I filed a petition before Family Court, Ongole, Prakasam District, AP, seeking Declaration of Nullity of my marriage under Section 11 read with Sections 5(i), 17 and 21B of Hindu Marriage Act.


Here is the Petition copy.

Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition)

As expected (because same thing happened in DVC Criminal Appeal also), the Respondent remained exparte. Me happy!


After recording my evidence (Examination in Chief), subsequently, Written Arguments were also filed.

Sandeep Bhavan Pamarati - Written Arguments

Unfortunately, my Nullity Petition was DISMISSED.

2025-10-27 Sandeep Bhavan Pamarati Vs Anuradha Kovi (Dismissed)

Now hoping for a positive result in CFR for FIR for 494 and 495 IPC.


Thereafter I approach the Family Court at Ongole with a Divorce Petition here.


Index of my cases is here.

Posted in Sandeep Pamarati | Tagged HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition) Sandeep Pamarati | Leave a comment

Seerapu Shyamala Vs State of AP and Ors on 16 May 2025

Posted on June 7, 2025 by ShadesOfKnife

A single judge of AP High court deprecated Police calling parties to civil/land disputes for settlement talks.

From Para 3,

3. It is needless to mention that when there is a dispute with regard to a land, the police are not expected to enter into the dispute under any guise of amicable settlement of the land dispute. The police have no role to play in the settlement of land dispute. If at all there is any land dispute in between the parties, it is for the Civil Courts to entertain the dispute under Section 9 and 15 of the Code of Civil Procedure, 1908 and resolve the dispute. The legislative bodies like District Legal Service Authorities, Mandal Legal Service Authority, High Court Legal Service Authority and Andhra Pradesh State Legal Service Authority, can resolve the legal disputes. This kind of establishing or creating PLCF calls for settlement of land dispute would lead to multifarious litigation and create a kind of perplex in the minds of the litigants and mushroom further litigations. Therefore, respondent Nos.1 to 3 are directed not to entertain further civil issues like this under any name for settlement of the land dispute of the petitioner.

Seerapu Shyamala Vs State of AP and Ors on 16 May 2025
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Colourable Exercise of Power by Police Seerapu Shyamala Vs State of AP and Ors | Leave a comment

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Posted on June 5, 2025 by ShadesOfKnife

A single Judge of AP High Court (Erstwhile Combined High Court for TS and AP) held that Evidence must not be taken via Affidavit as per Sec 126(2) CrPC in a Sec 125 CrPC case.

From Para 6,

6. Undoubtedly the proceedings before the court below are under section 125 Cr.P.C., though it is registered as FCOP the petition is only under section 125 Cr.P.C., and the procedure followed by the Judge is only under section 126 Cr.P.C. clause [2] the Court shall take evidence in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases; therefore, taking advantage of 126 [2] of Cr.P.C., the learned counsel for the petitioner contended that the affidavit of the respondent cannot be permitted to be taken as evidence, like summons cases, this question no more res integra. In V.D. Solomon’s case, supra-1, the learned single Judge after elaborately dealing with section 10 of the Family Courts Act and other provisions held that in maintenance cases the proceedings under section 125 Cr.P.C., the Court has to record the evidence as contemplated under section 126 [2] Cr.P.C., and affidavits cannot be received. In view of the law declared by this Court the procedure adopted by the Judge, Additional Family Court is irregular and contrary to law. This Court in exercise of the powers conferred under section 397 and 401 of Cr.P.C., can set aside the same. Accordingly, the order passed by the court below is set aside.

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Citations:

Other Sources:

https://www.casemine.com/judgement/in/5e96d23d4653d053645840b9

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=407102273000&Title=GOLLAMUDI-RAMESH-Vs.-MODUKURI-NAGAMANI—MODKURI-GETHA-NAGAMANI


Index of Maintenance Judges is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Evidence Via Affidavit Not Allowed CrPC 126 - Procedure Gollamudi Ramesh Vs Modukuri Nagamani and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Ritesh Sinha Vs State of Uttar Pradesh and Anr on 2 Aug 2019

Posted on June 4, 2025 by ShadesOfKnife

A full bench of the Supreme Court answer the references before it in the following way…

From Paras 5 and 6,

5. Two principal questions arose for determination of the appeal which have been set out in the order of Justice Ranjana Prakash Desai dated 7th December, 2012 in the following terms.
“(1) Whether Article 20(3) of the Constitution of India, which protects a person accused of an offence from being compelled to be a witness against himself, extends to protecting such an accused from being compelled to give his voice sample during the course of investigation into an offence?
(2) Assuming that there is no violation of Article 20(3) of the Constitution of India, whether in the absence of any provision in the Code, can a Magistrate authorize the investigating agency to record the voice sample of the person accused of an offence?”
6. While the first question was answered in the negative by both the learned Judges (Justice Ranjana Prakash Desai and Justice Aftab Alam) following the ratio of the law laid down in State of Bombay vs.Kathi Kalu Oghad1, difference of opinion has occurred insofar as second question is concerned.

From Para 10,

10. We may now proceed to answer the second question, namely, whether in the absence of any specific provision in the Cr.P.C. would a Court be competent to authorize the Investigating Agency to record the voice sample of a person accused of an offence. We are told that no authoritative pronouncement of this Court has been rendered by this Court.

From Para 12,

12. None of the said amendments specifically authorize or empower a Magistrate to direct an accused person or any other person to give his/her voice sample for the purposes of an inquiry or investigation under the Code. “Omission” of the Legislature to specifically so provide has led the learned judge (Justice Aftab Alam) on the two judge Bench to doubt as to whether legislative wisdom was in favour of a specific exclusion or omission so as to make a judicial exercise through a process of interpretation impermissible.

Finally, from Paras 24 and 25,

24. Would a judicial order compelling a person to give a sample of his voice violate the fundamental right to privacy under Article 20(3) of the Constitution, is the next question. The issue is interesting and debatable but not having been argued before us it will suffice to note that in view of the opinion rendered by this Court in Modern Dental College and Research Centre and others vs.State of Madhya Pradesh and others11, Gobind vs. State of Madhya Pradesh and another12 and the Nine Judge’s Bench of this Court in K.S. Puttaswamy and another vs. Union of India and others13 the fundamental right to privacy cannot be construed as absolute and but must bow down to compelling public interest. We refrain from any further discussion and consider it appropriate not to record any further observation on an issue not specifically raised before us.
25. In the light of the above discussions, we unhesitatingly take the view that until explicit provisions are engrafted in the Code of Criminal Procedure by Parliament, a Judicial Magistrate must be conceded the power to order a person to give a sample of his voice for the purpose of investigation of a crime. Such power has to be conferred on a Magistrate by a process of judicial interpretation and in exercise of jurisdiction vested in this Court under Article 142 of the Constitution of India. We order accordingly and consequently dispose the appeals in terms of the above.

Ritesh Sinha Vs State of Uttar Pradesh and Anr on 2 Aug 2019

Citations: [2019 INSC 855]

Other Sources:

https://indiankanoon.org/doc/18061439/

https://www.casemine.com/judgement/in/5d5259333321bc4b5e57ce07

https://www.indianemployees.com/judgments/details/ritesh-sinha-vs-the-state-of-uttar-pradesh-anr

https://www.nayalegal.com/ritesh-sinha-v-state-of-up-2019

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Referred to Large Bench Reportable Judgement or Order Ritesh Sinha Vs State of Uttar Pradesh and Anr | Leave a comment

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