Sagari Hembram Vs State of WB and Anr on 19 Nov 2024

Posted on November 21, 2024 by ShadesOfKnife

A single judge bench at Calcutta High Court held that Second Wife Not Liable for Cruelty Simply Due to Husband’s Bigamous Marriage.

From Paras 8-10,

8. The said conduct of second marriage is prima facie applicable in respect of the husband of the complainant and the ingredients of the offences alleged are prima facie not applicable in respect of the petitioner herein.
9. The rest of the offences being under Section 498A/406/506 IPC also are thus prima facie not applicable in respect of the petitioner herein. The ingredients required to constitute the offence under Section 506 IPC are also not present in respect of the petitioner herein.
10. As such the proceedings against the present petitioner is bad in law and permitting such a proceeding to continue would be a clear abuse of process of law and in the interest of justice is liable to be quashed.

Sagari Hembram Vs State of WB and Anr on 19 Nov 2024

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Posted on November 8, 2024 by ShadesOfKnife

A single Judge (Lalitha Kanneganti) of Karnataka High Court bench at Bengaluru found out the suppression of material facts (about employment) done by wife and denied Interim Maintenance allowed by Family Court below.

From Para 5,

5. Heard the learned counsel on either sides, perused the entire material on record. This court has perused the affidavit, the affidavit do not disclose any of the reasons that are submitted by the learned counsel for the respondent. This court has perused the material placed before this court and the statement of assets and liabilities that were filed on 15.11.2022. As per the letter dated 02.03.2023 given by the Integrated Project for Development of People (R ) the respondent/wife had come to them with a problem and requested them to provide an opportunity to work in a residential shelter with safety and security with survival purpose and at the same time they were opening Ashakirana Girls Hostel, for the post of Hostel Warden temporary appointment was given on 01.08.2022 with a nominal honorarium to lead her personal life and after 11th April they are closing the residential hostel due to new norms at CCI Government Rules. Even the 2nd affidavit which is filed before the court below, with suppression of material facts and looking at both the affidavits filed by respondent/wife this is a fit case where proceedings have to be initiated for perjury against her. The husbands salary is Rs.90,000/-. Both the children are grown up and pursuing their graduation are living with the father. He has lost his brother and he has to take care of education of the niece and also has to take care of mother. The respondent/wife has come to the courts with unclean hands by suppressing all the material facts. Considering all these facts, this court is of the view that the respondent/wife is not entitled for any interim maintenance and the other allegations that is levelled by the husband which are serious in nature are pending consideration before the court below. At this stage in the considered opinion of this court, the respondent/wife is not entitled for any relief.

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Index of Maintenance Judgments u/s 125 Cr.P.C. is here.

Publicly available Legal Research tools

Posted on November 3, 2024 by ShadesOfKnife

This page contains some Publicly available Legal Research tools that can help to extract valuable information that can be presented in Courts as evidence and also during filling/filing of Income, Assets and Liabilities Affidavit as per Rajnesh Vs Neha judgement of the Apex Court.

Tax Evasion Petition (TEP)
- What is a TEP? Learn basics here and find a format here.
- Income Tax Department issues New Benami Transactions Informants Reward Scheme, 2018. Link here. You never know what your in-laws deal in.
- Income Tax Department issues Revised Income Tax Informants Reward Scheme, 2018. Link here.
- CBDT launches e-portal for filing complaints regarding tax evasion/Benami Properties/Foreign Undisclosed Assets. Link here.
- Link to file a TEP here.
Provident Fund Information
- Establishment Search portal here.
- Home page of EPFO Website here.
Ask for a report of Form 26AS/Annual Tax Statement from TRACES
- Portal link here.
Refunds generated, if any, on/after processing of Income Tax Returns by CPC-Bangalore
- Portal link here.

MASTER Index is here.

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Posted on October 31, 2024 by ShadesOfKnife

A single judge of Allahabad High Court held as follows,

From Paras 4-5,

4. From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.
5. This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party No.2.

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

If this case status is not available from eCourts app/website, then access it from Allahabad HC’s inhouse application here.

Index of Maintenance Judgements u/s 125 CrPC is here.

Pallavi Mohan Vs Raghu Menon on 12 Sep 2023

Posted on October 30, 2024 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Paras 32-33,

32. Clearly Section 28 of the HMA and Section 19 of the Family Courts Act operate in different spheres and apply to orders passed by different forums i.e. District Court and the Family Court respectively.
33. Thus the period of limitation for filing an appeal from an appealable order and decree of the District Court would be ninety days under section 28 of HMA and the period of limitation for filing an appeal from an appealable order and judgment of the Family Court, wherever it has been set up, would be thirty days under section 19 of the Family Courts Act.

Pallavi Mohan Vs Raghu Menon on 12 Sep 2023

Citations:

Other Sources:

https://indiankanoon.org/doc/132852916/

https://www.verdictum.in/court-updates/high-courts/limitation-period-for-filing-an-appeal-against-family-courts-order-is-thirty-days-and-delay-in-filing-can-be-condoned-if-sufficient-cause-is-shown-delhi-hc-1494654

The wife went to Supreme Court (Diary No. – 40374/2023; SLP(C) No. 024347 – / 2023)

The husband chose not to file a counter as on 22-03-2024 .

Index of All Divorce Judgments here.

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

Posted on October 26, 2024 by ShadesOfKnife

A division bench of Apex Court held that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.

From Paras 11-13,

11. In the contextual situation, it is only appropriate to keep reminded of the observations of this Court in the decision in Preeti Gupta v. State of Jharkhand1. This Court observed that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.
12. We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.
13. The upshot of the discussion is that the finding of guilt against the appellant by the courts below for the offence under Section 498-A, IPC, with the aid of Section 34, IPC, is absolutely perverse in view of the absolute absence of any evidence against him to connect him with the said offence in any manner.

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

Vijayashree Ganesh Ingle Vs Dr Nishant Arvind Kale on 08 Jan 2021

Posted on October 11, 2024 by ShadesOfKnife

A single judge of Bombay HC at Nagpur bench held that a Permanent Alimony application can be either oral or written.

From Para 9,

9. The Madras High Court in the case of Umarani Vs. D. Vivekannandan reported in 2000 SCC Online Mad 50 held that there is no need of written application under Section 25 of the Hindu Marriage Act, 1955 and permanent alimony and maintenance can be granted on the basis of oral application.

From Para 11,

11. This Court in the case of Sadanand Sahadev Rawool Vs. Sulochana Sadanand Rawool reported in 1989 SCC Online Bom 5 held that Section 25 of the Act when it speaks of an application does not specify that the same has to be in writing. An application can be in writing as also by word of mouth. Although this judgment is overruled by the Apex Court on the point of entitlement of the spouse to claim permanent alimony and maintenance even if the the court dismisses the petition and does not pass any decree as contemplated in Section 25 of the Act.

Finally from Para 22,

22. For the reasons aforestated, in the opinion of this Court, the ‘application’ as referred to in Section 25 of the Act implies any application either in writing or oral for the prayer of permanent alimony and maintenance. The mode and form of the application u/s 25 of the Act for claiming permanent alimony is immaterial. What is essential is the material before the court to decide the same. The court cannot pass any order of permanent alimony and maintenance in vacuum. The court has to consider the parameters as guided in the provision itself. The relief is incidental in nature and it is not the substantive relief.

Vijayashree Ganesh Ingle Vs Dr Nishant Arvind Kale on 08 Jan 2021

Index is here.

Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023

Posted on October 11, 2024 by ShadesOfKnife

A single judge of Calcutta High Court at Jalpaiguri remanded the maintenance case back to Trial Court since husband failed to file Income affidavit.

Although learned counsel for the petitioner is justified in arguing that the proposition laid down in Rajnesh vs. Neha has not been observed at all in the present case, on humanitarian consideration and considering that the marriage between the petitioner and the opposite party is still subsisting, it cannot be gainsaid that the petitioner is entitled to get at least some amount of ad hoc alimony from the petitioner-husband.
Keeping in view the above considerations, CO 138 of 2022 is allowed, thereby setting aside the impugned order and directing the District Judge, Cooch Behar to re-decide the application for alimony filed by the petitioner subject to directing the filing of affidavits in compliance with the proposition laid down in the judgment of the Supreme Court as indicated above and to decide the same afresh within a reasonable period, preferably within six months from the date of communication of this order to the said court. The above order will subsist on condition that the petitioner-husband goes on paying to the opposite party-wife an amount of Rs.4,000/- per month on an ad hoc basis for maintaining the opposite party-wife, apart from the medical expenses incurred by the wife upon the opposite party-wife handing over copies of the necessary documents indicating the costs incurred on her medical expenses account to the petitioner-husband.

Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023

Index of Maintenance Judgments is here.

Meegada Venu Gopala Rao Vs Meegada Usha Rani and Ors on 10 Jul 2024

Posted on October 10, 2024 by ShadesOfKnife

A single judge of APHC relying on judgment passed in my earlier client case here, set aside the Trial Court Order and remanded the case back.

From Paras 5-7,

5. Sri Raja Reddy Koneti, the learned counsel for petitioner, submits that in similar facts and circumstances, this Court by common order dated 25.04.2024 disposed of Criminal Revision Case Nos.533 and 1098 of 2023 setting aside the impugned order and remitted the matter to the learned trial Court for fresh consideration by following the procedures which were laid down in the judgment of the Hon’ble Supreme Court and requests for passing the same order. He fairly submits that the revision petitioner would pay maintenance to the minor children, who are respondent Nos.2 and 3 herein, till they attain majority as ordered by the trial Court.
6. Learned counsel for respondent No.1 submits that the revision may be allowed and the matter may be remanded to the learned trial Court.
7. In view of the same, and following the order passed in Criminal Revision Case Nos.533 and 1098 of 2023, dated 25.04.2024, this Criminal Revision Case is disposed of in the following terms:
(i) The impugned order passed in M.C.No.62 of 2018 is set aside and the matter is remitted back to the learned Judicial Magistrate of First Class, Kaikaluru for fresh consideration and by following the procedures which were laid down in the judgment of the Hon’ble Supreme Court.
(ii) This Court further directs both the parties to submit affidavits disclosing their assets and liabilities, giving complete particulars, in accordance with the directives of the Hon’ble Apex Court as laid down in the case of Rajnesh v. Neha^ before the trial Court. The learned trial Court must ensure strict adherence to these guidelines. If any of the affidavits is found to be lacking in necessary particulars, the learned trial Court shall direct to produce the relevant information from the respective party.
(iii) The learned trial Court shall dispose of M.C.No.62 of 2018 afresh after giving reasonable opportunity to both parties to let in further evidence, if any. It is made clear that the revision petitioner herein, as has been undertaken now shall continue to pay the monthly maintenance to the minor children at the rate of Rs.5,000/- per month till they attain majority.

Meegada Venu Gopala Rao Vs Meegada Usha Rani and Ors on 10 Jul 2024

Index is here.

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Posted on October 10, 2024 by ShadesOfKnife

A single judge of Telangana High Court held that a deserter wife is not eligible for maintenance.

From Para 5-7,

5. Learned counsel for respondent No.1 submitted that the petitioner voluntarily left the society of her husband and the trial Court after appreciating the evidence available on record in proper perspective rightly passed the impugned order. Hence, the interference of this Court is unwarranted and he seeks to dismiss the Revision.
6. On behalf of the petitioner, the trial Court examined PWs.1 to 3 and marked Exs.P1 and P2. On behalf of respondent No.1, RWs.1 and 2 were examined and Exs.R1 and R2 were marked. Upon careful scrutiny of the oral and documentary evidence, the trial Court observed that the petitioner voluntarily left the society of her husband and respondent No.1, never neglected or refused to maintain her. Except making averments in the petition, there is no proof filed by the petitioner, to show that her parents gave cash and other articles as dowry to respondent No.1. The evidence of PWs.1 and 2 discloses that the petitioner put conditions on respondent No.1 stating that she would join his society only if he would put up a basket shop by investing an amount of Rs.2,00,000/-, to give her seven (7) tulas of gold articles and to put up a separate family with her abandoning his parents. The trial Court further observed that respondent No.1 filed an application seeking restitution of conjugal rights against the petitioner and his consistent efforts to cohabit with her have gone in vain. Therefore, the learned Judge of the trial Court opined that the petitioner failed to aver and prove that respondent No.1 neglected or refused to maintain her and that she is unable to maintain herself and thus, rendered the impugned judgment.
7. This Court vide order dated 02.07.2019, stated that no order directing respondent No.1, to pay interim maintenance can be granted, as the trial Court found that the petitioner herself left the company of her husband. Later, the matter underwent several adjournments.

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Index is here.

Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Sagari Hembram Vs State of WB and Anr on 19 Nov 2024

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Publicly available Legal Research tools

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Pallavi Mohan Vs Raghu Menon on 12 Sep 2023

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

Vijayashree Ganesh Ingle Vs Dr Nishant Arvind Kale on 08 Jan 2021

Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023

Meegada Venu Gopala Rao Vs Meegada Usha Rani and Ors on 10 Jul 2024

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024