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True Colors of a Vile Wife

Author: ShadesOfKnife

Kusum Lata Sharma Vs State and Anr on 2 September, 2011

Posted on December 26, 2018 by ShadesOfKnife

This is the landmark judgment from Delhi High Court which held that “A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the “respondent‟. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.”

From Paras 9 and 10,

9. As a matter of fact, para ‘4(i)’ clarifies that even those women who are sisters, widows, mothers, single woman or living with the abuser are entitled  to legal protection under the proposed legislation. A mother who is being maltreated and harassed by her son would be an “aggrieved person”. If the said harassment is caused through the female relative of the son i.e. his wife, the said female relative will fall within the ambit of the ‘respondent’. This phenomenon of the daughters-in-law harassing their mothers-in-law especially who are dependent is not uncommon in the Indian society.
10. In view of the authoritative pronouncement of the Hon’ble Supreme Court, para ‘4’ of the Statement of Objects and Reasons cannot be stated to have excluded a female relative of the male partner or a respondent and thus, a mother-in-law being an “aggrieved person” can file a complaint against the daughter-in-law as a respondent.

Kusum Lata Sharma Vs State & Anr. on 2 September, 2011

Citations : [2011 DMC 3 1], [2011 CRIMES 4 548], [2011 DLT 181 775], [2011 DRJ 126 298], [2011 ILR SUPP DELHI 4 435], [2012 RCR CRIMINAL 1 924], [2011 SCC ONLINE DEL 3710], [2011 AIC 106 846], [2011 AD DELHI 6 576]

Other Sources :

https://indiankanoon.org/doc/1272794/

https://www.casemine.com/judgement/in/56090db1e4b014971117a40b

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Hiral P Harsora and Ors Vs. Kusum Narottamdas Harsora and Ors Kusum Lata Sharma vs State and Anr. Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act - Mother-in-Law can file DV case on Daughter-in-Law PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors | Leave a comment

Poonam Vs V.P.Sharma on 25 February, 2014

Posted on December 26, 2018 by ShadesOfKnife

In this judgment, Delhi High Court held that “the provisions under the D.V.Act can be invoked only when the domestic relationship is in existence. Where the domestic relationship ceased, the provisions under the D.V.Act cannot be invoked, basis this judgment here.”

Contention is from Para 11,

The contention of the petitioner has been that when she can move the jurisdiction of the court under Section 125 Cr.P.C., nothing prevents her from invoking the jurisdiction of the court under D.V.Act. It s further contended that the expression used under Section 2 (f) ‘at any point of time lived together’ also includes a divorced wife.

Poonam Vs V.P.Sharma on 25 February, 2014

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Poonam Vs V.P.Sharma PWDV Act Sec 2(f) - Not Maintainable After Divorce | Leave a comment

Ramu Singh Tomar & Ano. v. Smt. Bhuri Bai on 15 February, 2017

Posted on December 25, 2018 by ShadesOfKnife

In this judgment from Madhya Pradesh High Court, it was held that “monetary relief is not restricted to maintenance only. In fact it is the monetary relief to meet the expenses and losses suffered. However, as the monetary relief can be granted towards loss of earnings, medical expenses, for expenses incurred and losses suffered by the aggrieved person, therefore, it cannot be said that the lump sum amount of Rs. 15,000 so awarded by the Appellate Court was only by way of Maintenance Amount.”

Ramu Singh Tomar & Ano. v. Smt. Bhuri Bai on 15 February, 2017

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case Ramu Singh Tomar and Ano. Vs Smt. Bhuri Bai Statement of Objects and Reasons | Leave a comment

Harbans Lal Malik Vs Payal Malik on 29 July, 2010

Posted on December 25, 2018 by ShadesOfKnife

This is the Delhi High Court judgment from Shri. Shiv Narayan Dhingra, affirming that in a DV case, respondent can be other family member other than husband and are liable for relief mentioned under Monetary Relief u/s 20 of PWDV Act.

Punch Statement:

The girl and the parents of the girl knew it very well that they had selected a person for marriage with whom the girl was going to live abroad and the matrimonial home and the shared household was going to be outside India. This act of marrying a person settled abroad is a voluntary act of the girl. If she had not intended to enjoy the fat salary which boys working abroad get and the material facilities available abroad, she could have refused to marry him and settled for a boy having moderate salary within India. After having chosen a person living abroad, putting the responsibility, after failure of marriage, on the shoulders on his parents and making them criminals in the eyes of law because matrimonial ties between the two could not last for long, does not sound either legally correct or morally correct. How can the parents of a boy who is working abroad, living abroad, an adult, free to take his own decisions, be arrayed as criminals or respondents if the marriage between him and his wife failed due to any reason whatsoever after few years of marriage. If the sin committed by such parents of boy is that they facilitated the marriage, then this sin is equally committed by parents of the girl. If such marriage fails then parents of both bride and groom would have to share equal responsibility. The responsibility of parents of the groom cannot be more. Shelter of Indian culture and joint family cannot be taken to book only relatives of boy. A woman’s shared household in India in such cases is also her parents’ house where she lived before marriage and not her in-laws’ house where she did not live after marriage.

Another one here:

I am surprised that the Courts below did not give weight to the judgment of New Jersey where parties lived for 7 ½ years but assumed jurisdiction under Domestic Violence Act because of the pure temporary residence (as pleaded by her) of wife in Delhi who is otherwise resident of Hissar. The Court of ASJ wanted that the order of the Court of MM should be honoured by the US while the Court here would not honour a decree of Court of USA where the husband and wife lived for 7 ½ years.

Harbans Lal Malik Vs Payal Malik on 29 July, 2010

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Definition of Family Harbans Lal Malik Vs Payal Malik Justice Shiv Narayan Dhingra Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case PWDV Act Sec 29 - Appeal Dismissed On Merits | Leave a comment

Anita Tambe Vs Anand Tambe on 28 February, 2018

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Bombay High Court, in a case of DV filed after twenty seven years of the dissolution of marriage.

From Para 11,

In Zuveria Abdul Majid Patni vs. Atif Iqbal Mansoori and Another, the domestic violence took place between January 2006 and 06-9-2007 on which date first information report under Sections 498A and 406 of the Indian Penal Code was lodged by the wife against her husband and his relatives. It is in the context of these facts, that the Hon’ble Apex Court observes that even if it is accepted that during the pendency of the special leave petition the wife obtained ex parte “khula” (divorce) under the Muslim Personal Law from the Mufti on 09-5-2008, the petition under Section 12 of the DV Act is maintainable.

From Para 14,

Concededly, there is no interaction whatsoever between the petitioner wife and the respondent husband since the dissolution of marriage, not a single instance of domestic violence is pleaded in the petition the theme of which is that the petitioner wife is living at the mercy of her elder brother. Even if it is assumed, arguendo, that the limitation prescribed under Section 468 of the Criminal Procedure Code is not applicable, it is trite law, that any initiation of the proceedings under the statute must be done within a reasonable period. Even if the utmost latitude is given to the petitioner wife and it is assumed that she was subjected to domestic violence prior to the dissolution of marriage, the institution of the petition under Section 12 of the DV Act after twenty seven years of the dissolution of marriage is, as observed supra, a gross abuse of the statutory provisions.

Anita Tambe Vs Anand Tambe on 28 February, 2018

Citations:

Indiankanoon.org link: https://indiankanoon.org/doc/175316050/


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 High Court of Bombay Judgment or Order or Notification | Tagged Abuse Or Misuse of Process of Court Anita Tambe Vs Anand Tambe PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act - Dismissed On Merits PWDV Act Sec 12 - Not Made Out PWDV Act Sec 2(f) - Not Maintainable After Divorce | Leave a comment

Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori on 18 September, 2014

Posted on December 25, 2018 by ShadesOfKnife

In this Supreme Court judgment, it was held that

From Para 31, “An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the Respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief Under Section 20, Child Custody Under Section 21, Compensation Under Section 22 and interim or ex parte order Under Section 23 of the Domestic Violence Act, 2005.“.

Lesson Learnt:

Once an act of domestic violence is done, later on divorce happens, the woman can file DV case even after getting divorce, for the dv acts committed while the marriage was in vogue.

Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori on 18 September, 2014

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori Landmark Case Legal Procedure Explained - Interpretation of Statutes Maintainability PWDV Act Sec 2(f) - Maintainable After Divorce | Leave a comment

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Gujarat High Court, wherein it held concurrent jurisdiction exists between 125 CrPC and PWDV Act.

From Para 12,

Therefore, even if there is no reference of maintenance either under sub-Section 2 of Section 12 or in Section 20 of the Act, the fact remains that there is concurrent jurisdiction the statute provides concurrent jurisdiction and, therefore, it cannot be said that there is over ruling of jurisdiction while granting maintenance in different proceedings. At the most, what is required to be considered while deciding the claim of maintenance is that amount already awarded in a previous litigation may be taken into consideration for arriving at final amount of maintenance and, thereby, if order of only additional amount is there, then there is no overlapping and if award is for maximum amount of maintenance that can be awarded then set off against amount payable under any previous proceedings is to be extended.

From Para 13,

When petitioner is relying upon citations which are referred herein above and are already considered by the first appellate Court while rejecting the appeal, it would be appropriate for the petitioner herein to go through the legal provision properly. The time has come that litigants restrain themselves from agitating the issue which has already been decided by competent Court, only because they are not comfortable with the same.

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors Multiple Maintenances Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book | Leave a comment

Vishal Gore Vs Aparna Gore on 13 June, 2018

Posted on December 24, 2018 by ShadesOfKnife

This order from Hon’ble Bombay High Court talks about adjusting the maintenance paid under one case, when a maintenance order is granted in another case/law/act.

Intention of the judge, from Para 18,

What I intend to emphasize is the fact that the adjustment is permissible and the adjustment can be allowed of the lower amount against the higher amount. Though the wife can simultaneously claim maintenance under the different enactments, it does not in any way mean that the husband can be made liable to pay the maintenance awarded in each of the said proceedings.

Vishal SO. Rajesaheb Gore Vs Sow. Aparna WO. Vishal Gore on 13 June, 2018

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Multiple Maintenances Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Vishal Gore Vs Aparna Gore | Leave a comment

Frivolous Public Interest Litigation (PILs)

Posted on December 24, 2018 by ShadesOfKnife

Just documenting Frivolous PILs and consequences thereof.

https://www.tribuneindia.com/news/nation/sc-slaps-rs-25-lakh-cost-on-activist-over-frivolous-pil/431186.html

https://www.deccanchronicle.com/nation/current-affairs/010517/sc-slaps-rs-25-lakh-cost-on-ngo-for-wasting-judicial-time.html

https://www.indiatoday.in/india/story/lawyer-fined-rs-25-000-for-filing-pil-to-lower-marriage-age-of-men-1372719-2018-10-22

http://www.ptinews.com/news/10245952_SC-dismisses-CJAR-s-curative-plea.html

https://www.livelaw.in/if-your-client-file-one-more-improper-pil-we-will-ban-him-sc-dismisses-bjp-leaders-plea-for-imposing-rs-2000-upper-limit-on-cash-donations-to-political-parties/

https://www.livelaw.in/news-updates/ngt-serial-pil-filer-disclose-source-litigation-funding-warns-debarment-142154


 

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Frivoluos Public Interest Litigation Summary Post Work-In-Progress Article | Leave a comment

People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003

Posted on December 24, 2018 by ShadesOfKnife

This is the judgment from Hon’ble Apex Court which held that the general public have the right to information related to candidates standing in elections.

People’s Union of Civil Liberties (P.U.C.L.) & Anr. Vs Union Of India & Anr on 13 March, 2003

Citation: AIR2003SC2363; JT2003(2)SC528; 2003(3)SCALE263; (2003)4SCC399; [2003]2SCR1136

Indiankanoon link: https://indiankanoon.org/doc/15059075/


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty People’s Union of Civil Liberties (P.U.C.L.) and Anr. Vs Union Of India and Anr Right to Information Section 33B of Representation of the People Act | Leave a comment

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