N.Rajendran Vs S.Valli on 03 Feb 2022

Posted on September 26, 2024 by ShadesOfKnife

A division bench of the Apex Court granted divorce to the husband, not on the ground of cruelty by wife, but on the ground of irretrievable breakdown of marriage.

From Para 29,

29. Article 142 of the Constitution undoubtedly clothes this Court with a reservoir of power to pass orders as would reach complete justice to the parties. What comes to mind is the concept of irretrievable breakdown of marriage. Undoubtedly, though there have been reports of the Law Commission in this regard recommending changes in the law, as of today the statute does not provide for irretrievable breakdown of marriage as a ground. However, this Court has on a number of occasions exercised its power and granted dissolution of marriage on the ground of irretrievable breakdown of marriage based on Article 142. In this regard, learned counsel for respondent pointed out that this is not a case for exercising power under Article 142. He addressed this submission, reminding us of the conduct of the appellant throughout. He would submit that the respondent is completely without blame. She was always ready and willing. The findings as found by the High Court being confirmed, no occasion arises for this Court to exercise power under Article 142. We record this submission for as a prefatory remark to indicate that this is not a case where both parties are agreeable for a dissolution by way of irretrievable breakdown of marriage. But that then leads us to the question as to whether the consent of the parties is necessary to order dissolution of marriage on the ground of irretrievable breakdown. This again, is not res integra. We may notice that this Court has in a catena of decisions discussed this very aspect.

From Para 32,

32. Having found that consent of the parties is not necessary to declare a marriage dissolved, we cannot be unmindful of the facts as they exist in reality. There has been a marriage which took place on 31.10.2004. There is a child born in the said marriage. No doubt being in contravention of Section 15, it becomes a fait accompli but at the same time we do not reasonably perceive any possibility of the appellant and the respondent cohabiting as husband and wife. Whatever life was there in the marriage has been snuffed out by the passage of time, the appearance of new parties and vanishing of any bond between the parties. Not even the slightest possibility of rapprochement between the appellant and the respondent exists for reasons though which are entirely due to the actions of the appellant and for which the respondent cannot be blamed. The marriage between the appellant and the respondent has become dead. It can be described as a point of no return. There is no possibility of the appellant and the respondent stitching together any kind of a reasonable relationship as the tie between the parties has broken beyond repair and having regard to the facts of this case, we would think that it would be in the interest of justice and to do complete justice to the parties that we should pass an order dissolving the marriage between the appellant and the respondent.

From Para 34,

34. Accordingly, while we affirm the judgment of the High Court and refuse to grant a decree of dissolution on the ground of cruelty by the respondent, we in exercise of our power under Article 142 of the Constitution declare the marriage between the appellant and the respondent as dissolved. This will be on condition that the appellant will pay a sum of Rs.20,000,00/- (Rupees twenty lakhs) to the respondent by way of a demand draft within a period of eight weeks from today. We further make it clear that this will be without prejudice to all the rights available to the son who was born in the marriage between the appellant and the respondent under law in regard to property rights. Till the amount is paid as aforesaid, the appellant will continue to be liable to pay Rs.7000/- per month to the respondent.

N.Rajendran Vs S.Valli on 03 Feb 2022

Index of Divorce judgements is here.

Darshanik M M Vs Poornima A on 04 Dec 2023

Posted on September 23, 2024 by ShadesOfKnife

A single judge of Karnataka High Court at Bengaluru Bench passed the following order in compliance of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020

From Paras 4-7,

4. Learned counsel appearing for the petitioner submits that the amount of Rs.5 lakhs is directed to be paid from nowhere, as there is no consideration at the hands of the concerned Court qua the judgments rendered on the issue of grant of maintenance by the Apex Court and the Court has passed an order directing the said payment.
5. Learned counsel appearing for the respondents would admit that the concerned Court has not followed the judgment of the Apex Court in the case of Rajnesh v. Neha,1 but would only submit that a time limit be prescribed for the concerned Court to dispose the application I.A.No.2 seeking grant of maintenance.4.
6. In the light of the aforesaid submissions, a perusal at the order would indicate that the concerned Court has passed an order directing payment of Rs.5 lakhs, without considering the judgment of the Apex Court in the case of Rajnesh (Supra). This appears to be a serious flaw, in the light of the judgment in the case of Aditi Alias Mithi vs Jitesh Sharma reported in 2023 SCC Online SC 1451, which follows Rajnesh vs. Neha.
7. In the light of the law reiterated by the Apex Court in the case of Aditi (Supra), the concerned Court ought to have looked into the judgment of the Apex Court in the case of Rajnesh (Supra) and then directed appropriate maintenance to be paid in an application filed by the wife. In the light of the order not referring to Rajnesh (Supra), the order is rendered unsustainable.

Darshanik M M Vs Poornima A on 04 Dec 2023

Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.

Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023

Posted on September 23, 2024 by ShadesOfKnife

A single judge of Allahabad High Court passed the following guidelines in elaboration of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 and Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023

G. Guidelines to the Family Courts
87.1 The Family Court Judge shall ensure compliance of the following guidelines in maintenance proceedings:
i) Both parties must submit the Affidavit of Disclosure of Assets and Liabilities as Enclosure-I or II (as applicable), as provided in the Rajnesh Case (supra).
ii) The memo of parties shall include the parties’ current mobile number, email address (if available), and the latest residential and official addresses, particularly if the applicant/respondent is employed.
iii) The memo of parties shall also specifically mention the name of the concerned police station, where the applicant and respondent resides and works (as applicable).
iv) Additionally, the Family Court Judge must ensure that Enclosure-I or II, as applicable, are accompanied by an affidavit from the respondent, containing the following details:
a) Permanent and current address of the respondent.
b) Mobile number of the respondent for communication during the pendency of the petition.
c) Email ID and WhatsApp number, if any.
d) Name and address of the respondent’s employer, along with a telephone number.
e) An undertaking from the respondent to promptly inform the court through an affidavit if there is any changes to his address, mobile number, E-mail ID, WhatsApp number, residential address, workplace, or employer’s name.
87.2 Upon receiving an application for maintenance, the Family Court shall include the following specifics in the initial order:
i) Mandatory requirement of an Affidavit of Disclosure of Assets and Liabilities, as per Enclosure-I & II, whichever is applicable, along with the reply.
ii) The respondent shall be given two opportunities for filing a reply, and the application for interim maintenance shall be decided in less than six months.
iii) The respondent must submit the reply within four weeks.
iv) If the affidavit is not filed within four weeks, the court will proceed based on the applicant’s submission and the existing pleadings to decide the application. If the respondent repeatedly delays in filing the reply with the affidavit, requesting more than two adjournments, the court may exercise its authority to strike off the respondent’s defence, provided it determines that the delays are intentional and obstructive, causing undue disruptions to the proceedings. In such cases, the Family Court may proceed to adjudicate the maintenance application based on the applicant’s submitted affidavit and the existing pleadings.
v) The order shall indicate that false statements in the Affidavit of Disclosure of Assets and Liabilities may lead to proceedings under section 340 Cr.P.C. besides contempt of court. It should also explain the ingredients of section 340 Cr.P.C., the potential criminal prosecution in IPC, and the maximum sentence for such offences, if proved in court.
87.3 The Family Court shall employ all legally permissible methods of serving notices to the respondent, using persuasive measures as may be necessary. The Family Court shall develop practical and effective mechanisms to ensure successful service on the respondent, aligning with the objectives and principles of these guidelines. If the court determines that the Process Server/Postman/Police Officer has submitted a routine, repetitive service report (e.g., citing unclaimed postal articles, locked premises, addressee left the address, or an unknown address), it may hold the officer accountable in accordance with the law. The Family Court may also explore modern methods of service facilitated by internet access, including courier services, email, or instant messaging platforms like WhatsApp and other electronic media. The essence of service lies in ensuring that the proceedings are duly conveyed to the respondents or contesting parties. Service on a litigant can be accomplished through e-mail or phone contact29. Serving notice, summons, and exchange of pleadings, service via e-mail, fax, or commonly used instant messaging services like WhatsApp is considered valid30.
87.4 If either party disputes the information declared in the Affidavit of Disclosure of Assets and Liabilities, the aggrieved party has the right to seek the other party to produce the relevant documents in question31.
87.5 To determine the amount of maintenance, the Family Court Judge shall adhere to the criteria outlined in Part-3 of the Rajnesh Case (supra). In cases where the wife has her own income, this shall not preclude her from being eligible to receive maintenance from her husband. The court must assess whether the wife’s income allows her to sustain a lifestyle commensurate with that of her husband in her matrimonial home32.
87.6 It is assumed that an able-bodied husband is capable of earning enough to support his wife and children. For interim maintenance determination, the minimum wage rates of Uttar Pradesh, as per the latest Government Notification, may serve as a guideline. This is just one of the alternatives that the Family Court Judge may consider when assessing a person who claims to be a labourer with no other income sources, among other pleadings.
88. The interim maintenance order shall contain the ingredients of the third proviso to section 125 Cr.P.C. (added by Act 50 of 2001, effective from 24.9.2001), and Uttar Pradesh State Amendments (upto date) in this regard, in plain language so that the respondent could understand understand the consequences of non-payment of interim maintenance. A table summarizing hearing dates and a brief description of Family Court orders on each date shall also be made part of the order.
89. Both interim and final maintenance orders shall include a table showing the number of orders passed by the Family Court prior to awarding interim and final maintenance, along with brief descriptions of orders passed on each date until the final adjudication of the section 125 Cr.P.C. application. The final maintenance order shall also include a date-wise account of proceedings related to section 125(3) Cr.P.C.
90. In cases involving parties from the Economically Weaker Section, individuals living below the poverty line, or casual labourers, the obligation to submit the Affidavit of Disclosure of Assets and Liabilities would be exempted. The court may demand an EWS/BPL certificate issued by the competent authority, which may be the Office of the Labour Commissioner or the Revenue Authority, as applicable.
91. District Judges shall develop a structural system for regularly assessing and overseeing the performance of family courts within their districts, ensuring the adherence to directives issued by the Supreme Court in Rajnesh Case (supra) and by this Court, in the instant case, this reporting mechanism would serve as a means of accountability, enabling timely interventions by the Constitutional Courts, when necessary. This may encompass routine evaluations, case audits, and feedback mechanisms to gauge the effectiveness and quality of judicial decisions in this context.
92. All District Judges shall convene semi-annual meetings of their respective Family Court Judges to review and evaluate the implementation progress of the guidelines issued by the Supreme Court in Rajnesh Case (supra) and this Court in the instant case. If the guidelines issued to Family Courts are not followed, concerned District Judge shall submit a semi-annual report to the Registrar General of this Court, against the Judicial Officer, who has not complied the guidelines. The Registrar General shall record its finding and present these reports to the respective Administrative Judge of the concerned Judicial Officer for their review and reference. Additionally, a record of these reports shall also be maintained in the service book of the concerned Judicial Officer. The District Judge shall prepare the progress report in the manner as provided in Enclosure-III attached with this judgment.
93. The District Judge along with the Principal Judge, Family Court shall flag the critical issues with respect to service of notice/summons and problems encountered in enforcement of interim maintenance/maintenance orders passed by respective Family Court Judges in the meeting of District Monitoring Committee for Family Courts, and the civil administration shall provide all assistance, as may deem necessary.
94. The District Legal Services Authority, in collaboration and cooperation with the respective District Bar Association, shall arrange awareness and training sessions/ workshops to encourage Bar members to submit pleadings in accordance with Enclosure-I & II.
95. For the sake of convenience, the Enclosures I & II attached to Rajnesh Case (supra) are hereby included as part of this order. Additionally, Enclosure-III is provided for the convenience of all District Judges to prepare the compliance report, in case aforesaid guidelines are not followed.
96. The Registrar (Compliance) of this court shall communicate copy of this judgment to all District Judges for dissemination among all Family Court Judges, and Chief Secretary, Government of Uttar Pradesh to circulate among all District Magistrates and Senior Superintendent of Police, of respective districts. Furthermore, a copy of this judgment shall be published on the websites of all District Courts, Family Courts, and Courts of Judicial Magistrate to facilitate awareness and implementation.

Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023

Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.

Abhilash.M.V Vs Soumya Soman on 10 Nov 2023

Posted on September 23, 2024 by ShadesOfKnife

A single judge bench of Kerala High Court held as follows,

From Paras 4-7,

4. When the revision petition came up for consideration on 20.3.2023, this Court admitted the revision petition and stayed further proceedings in M.C.No.6/2020, subject to the condition that the revision petitioner deposits the arrears of maintenance due to the second respondent and continues to pay interim monthly maintenance allowance @ Rs.4000/- to the second respondent. This Court had called for a report from the Family Court, to ascertain as to whether the revision petitioner was served with notice prior to the passing of the impugned order.
5. Pursuant to the above order, the learned Judge of the Family Court, by communication dated 27.3.2023, has informed this Court that the order
sheet and the records in M.C.No.6/2020 reveal that even before notice was served on the revision petitioner in the application, a counsel named Sri. K.R.Muraleedharan appeared on behalf of the revision petitioner on 13.12.2023 and prayed for time for appearance of the revision petitioner. Accordingly, the application was adjourned to 27.10.2022 and then to 16.12.2022, on which date the impugned order was passed. It is also reported that the counsel failed to file any vakalath. Subsequently he gave his no objection certificate to another counsel named Sri.S. Nidhin, who has now filed a vakalath for the revision petitioner.
6. On a consideration of the assertions in the memorandum of the revision petition, the materials placed on record, and the communication of the learned Judge of the Family Court, it is evident that the notices in both the M.C as well as Crl.M.P. were not served on the revision petitioner. It is only on the basis of the submission made by a counsel, that the Family Court assumed that the revision petitioner had failed to appear in the application and then passed the impugned order. Thus, I am of the definite view that the revision petitioner has not been granted an opportunity to contest the Crl.M.P. on merits.
7. In the above conspectus, I am of the firm view that the order has to be set aside and the revision petitioner be granted an opportunity to file his objection to the Crl.M.P. No.16/2020 and M.C. No.6/2020, which will do complete justice to both sides.

Finally,

In the result,
(i) The order in Crl.M.P. No.16/2020 in M.C. No.6/2020 is set aside.
(ii) The revision petitioner and the respondents are directed to appear before the Family Court on 1.12.2023.
(iii) The revision petitioner shall be given an opportunity to file his written objections both in Crl.M.P. No.16/2020 and M.C.No.6/2020, within 30 days from today.
(iv) The Family Court shall keep in mind the law laid down by the Hon’ble Supreme Court in Rajnesh v. Neha and Another [2020 (6) KHC 1] and Aditi alias Mithi v. Jitesh Sharma [Crl.Appeal No. 3446/2023], and direct the parties to file the affidavits of disclosure of assets and liabilities.
(v) The Family Court shall dispose of Crl.M.P. No.16/2020, in accordance with law and as expeditiously as possible, at any rate, within a period of 30 days from 1.12.2023.
(vi) The Family Court shall also make an endeavour to dispose of M.C. No.6/2020, in accordance with law and as expeditiously as possible.

Abhilash.M.V Vs Soumya Soman on 10 Nov 2023

Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.

Aarti Vs Kishan Meena on 22 Aug 2024

Posted on September 16, 2024 by ShadesOfKnife

A division bench of Madhya Pradesh High Court at Indore held as follows,

From Para 16,

16. It has also been held in Samar Ghosh (supra) where on facts there has been irretrievable breakdown of marriage, the party opposing the divorce and not letting go the other party free of the matrimonial bond, would be causing mental cruelty to the other party. This makes considerable sense in the Indian context where to reach finality by exhausting the remedy of appeals may take several years. In such situation the party opposing the grant of divorce may, in some cases, be doing so only out of spite, either to harass the other party or prevent it from remarrying or out of sheer cussedness. That may indeed also confirm the allegation that such party had been causing mental cruelty, and was now intent on causing further mental cruelty by opposing the divorce.

From Para 19,

19. Respondent by filing certified copy of impugned judgment and decree in Criminal Case No.2015/2017 under Section 498-A of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 has proved that criminal case was lodged at the behest of appellant / wife in which ultimately appellant, his sister and parents were acquitted by the parties. Learned Court below relying upon the judgment in the case of Vandana Gupta Vs. Ramesh Gupta reported in 2009 (2) MPLJ 214, Madhuri Aaswani Vs. Arjundas Aaswani reported in 2007 (3) MPLJ 550 and Vishwanath Agrawal Vs. Sarla Agrawal reported in AIR 2012 SC 2586 concluded that prosecution of husband and her relatives on the false allegation of demand of dowry comesunder mental cruelty. The findings recorded by the learned Court below are impregnable and infallible.

From Para 21,

21. Learned Court below has recorded the finding that termination of pregnancy without consent of husband also comes under the purview of cruelty. With regard to the aforesaid finding, this Court is of the view that termination of pregnancy may come under the term ‘cruelty’ depending upon the facts and circumstances of the case.

Aarti Vs Kishan Meena on 22 Aug 2024

Index of Divorce Judgments is here.

Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024

Posted on September 14, 2024 by ShadesOfKnife

A division bench at Allahabad High Court held that,

From Para 3,

3. In brief, it may be noted that the marriage between the parties was solemnized on 2.3.2000. At that time, the appellant was working as Class-III employee at the Rajkiya Bachat Karyalaya, at Bareilly. His father and siblings were residing at their house at Unnao. The family of the appellant belongs to Kanpur Nagar. According to the respondent/husband, the appellant resided at her matrimonial home for a few days, but raised complaint of not feeling safe in the company of only male family members of the respondent, his mother having died almost 20 years earlier.Occasioned by that, the respondent took the appellant to the city of his work, at Bareilly. Even there, the appellant, did not stay for long. She now cited reasons to stay at Kanpur Nagar as she was a practising advocate. Thus, the appellant is described to have left for Kanpur Nagar. However, intermittent cohabitation of the parties at Bareilly, Kanpur Nagar and Unnao, during that period, is not disputed. Then, according to the respondent, he applied for and consequently, was transferred to Kannauj. This transfer, respondent had sought only to make it possible for the respondent to stay at Kanpur Nagar with him. Upon being thus transferred, the respondent took up a rented accommodation at Kanpur Nagar and he used to commute to Kannauj from there every day. However, the appellant still did not stay with him for long. Though intermittently, the appellant did stay with the respondent at his rented premises, she preferred to stay at her parental house. In that context, it is the further case of the respondent that the appellant wanted the respondent to stay with her at her parental home at Kanpur Nagar. When the appellant did not agree to live with the respondent at the rented accommodation taken by him at Kanpur Nagar, he vacated that premises and started staying at Unnao, at his parental home from where too he could easily commute to Kannauj, in connection with his work.

From Para 7,

7. It is also the case of the respondent that the appellant offered cruel behaviour towards all family members of the respondent, from very beginning. Not only she would use harsh words andabusive language in normal household affairs, it was specifically stated by the respondent that the appellant wanted the respondentto abide absolutely, by her wishes. Failing that she threatened to level false allegations against the respondent and his father, including allegation of illicit relationship between the respondentand his real sister. While no such case was ever lodged by the appellant and no such complaint appears to have been made by the appellant to any authority, at the same time, it is on record that after the institution of the divorce suit on 01.08.2006, the appellant instituted Criminal Case No. 687 of 2006 on 14.11.2006 i.e. after three months of the institution of the divorce case. Remarkably,though allegations of demand of dowry and cruelty were made in the First Information Report, there is no prior complaint or First Information Report of such allegation ever made by the appellant,over six years of marriage between the parties.

From Para 11, (Desertion is established)

11. During his extensive cross-examination, the above noted aspects proven by the respondent during his examination-in-chief were not controverted or doubted. We have made reference to those facts to bring out the extent to which the efforts had been made by the respondent to prove desertion offered by the appellant. In absence of any doubt being raised during the extensive cross-examination of the respondent, we do not find any error in the finding of the learned Court below to believe the testimony of the respondent. Sitting in first appeal, we are ourselves inclined to draw firm conclusion that the appellant had no will or desire to live in matrimony with the respondent either at his parental home or at his place of work, or even otherwise at Kanpur Nagar. She only desired to stay at her parental home.

From Para 17,

17. In face of Criminal Revision proceeding pending, against the order of conviction passed in the appeal proceedings, we are not recording any firm conclusion with respect to falsity or otherwise the allegations made in the criminal case, at the same time, in the context of facts and circumstances proven in this case, the critical element of cruelty is found in existence. Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part of the deserting spouse to cohabit as also lodging of criminal case alleging demand of dowry only after institution of divorce case proceeding by the other spouse and pursuing it in appeal to secure conviction (after initial acquittal) does indicate in any case, the marriage between the parties is irretrievably broken down.

From Para 19,

19. In view of the facts noted above we do not find it a fit case to provide for permanent alimony. The daughter born to the parties has attained the age of majority.

Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Posted on September 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

We have failed to comprehend the necessity of the direction of the High Court insisting for personal presence of the petitioner no.2 in Court in-person, despite being apprised that the petitioner no.2 has been suffering from severe medical conditions. From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically. That apart, the petitioner no.1 had physically appeared before the Court on 8th April, 2024 in deference to the order dated 31st January, 2024, yet, she too has been ordered to be produced in court by the police without apparent justification.
We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the High Courts, the Court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode.
The dispute that the High Court is seized of arises out of a marital discord between the spouses and the situation, prima facie, was not such so as to call for the Court’s insistence for personal presence of both the petitioners including the ailing petitioner no.2 by taking an arduous journey from a distant place like Mumbai despite his medical conditions. If the Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through the virtual mode ought to have been made.
The impugned order is bound to operate harshly against the petitioners. We expect the Court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this Court.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Posted on September 13, 2024 by ShadesOfKnife

A single judge of MP High Court held as follows,

15. In view of aforesaid analysis in entirety and the law laid down by Hon’ble Apex Court, looking to the income of the husband so also his liabilities and the fact that wife is a well educated lady, she also has her own source of income, this Court is of the considered opinion that the maintenance amount of Rs.60,000/- per month is on the higher side and the same is required to be reduced to Rs.40,000/- per month.

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Index of Sec 125 CrPC [Section 144 BNSS] judgements is here.

Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024

Posted on September 9, 2024 by ShadesOfKnife

Index of Perjury judgments is here.

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

Posted on September 4, 2024 by ShadesOfKnife

A single judge of Karnataka High Court (Bengaluru Bench) held that the husband may initiate perjury proceedings against the knife, if he desires so.

From Para 7,

A perusal at the complaint would indicate that the complainant laid emphasis upon infections of the husband on his genital areas which resembled as STD. Therefore, the husband is guilty of mental harassment dishonestly concealing his mental condition and breaching the trust of the wife. Minute details of certain allegations are made which are found in the complaint. The crux of the complaint was STD on him, making her leave her job after marriage and therefore, she would be dependent upon him. There is not a single sentence about the petitioner demanding dowry and indulging in cruelty for the purpose of demand of dowry. All the harassments that the complainant narrates are minor skirmishes between the husband and the wife.
A perusal at the summary of the charge sheet would also not indicate any demand of dowry or cruelty on the part of the husband. Prior to filing of the charge sheet by the Police, statements were recorded of the family members of the complainant.
The mother herself in her statement speaks that at the time of discussions about the marriage, the parents of the petitioner and the petitioner had clearly indicated that they do not want any dowry and they are not demanding anything. The same goes with the statements of others.
What is given to the complainant, according to the complainant’s tradition, is 614 grams of silver and 160 grams of gold, not as demand but as a tradition of her family which at best be said to be ‘Stridhana’. Such statements galore. If the statements recorded of the mother and the brother of the complainant, the complaint, the charge sheet and summary of the charge sheet are red in tandem, what would unmistakably emerge is that, no demand for dowry was made and no cruelty that would become ingredients of Section 498A of the IPC would get attracted in the case at hand.
Section 498A has two circumstances, which can draw an accused into its web. Husband or relative of husband of a woman subjecting her to cruelty which is likely to drive the woman to suicide or the harassment should be such that they would coerce the woman for meeting any unlawful demand for any property or valuable security, and on failure to fulfill the demand, indulge in cruelty. If the contents of the complaint, summary of the charge and the statements are considered on the bedrock of necessary ingredients of Section 498A of the IPC, the allegation of the offence would tumble down like a pack of cards, as, no where it is indicative, of the fact that there is dowry harassment and cruelty by the husband or the members of the family of the petitioner.

From Para 8,

8. The learned counsel for the petitioner submits that every time the petitioner was accused of suffering from STD. In the aforesaid affidavit, it is clearly indicated by the wife that the petitioner is suffering from HPV infection as he has some rashes on his buttock. The petitioner gets himself tested at the Victoria Hospital and several hospitals.
The diagnostic centre at Columbus, USA observes that history and physical examination of the petitioner was done. He has no physical signs and no history of concern for HPV or any other infection in the body. Therefore, the bogey that is projected by the complainant/wife that the husband has some physical problem appears to be a white lie.

From Para 9,

9. The other bogey projected by the wife is that the petitioner has closed all channels of communications and had never shown any interest in getting the complainant to the USA, this is completely belied by the documents appended to the petition itself, as not one but four appointments were taken by the petitioner for VISA purposes of the wife. The first appointment after the petitioner left to the USA was on 13-10-2020. There are four appointments, confirmation acknowledgments of which are produced by the petitioner as annexures to the petition. They are dated 13-10-2020, 02-03-2021, 07-05-2021 and 24-05-2021;
It is on the 5th appointment, the complainant goes before the visa office and Visa is granted to the complainant, which is also appended as document to the petition. These are documents which speak for themselves. A mail communication on 05-12-2021 is quoted hereinabove. The complainant seeks confirmation regarding her travel to USA. Therefore, it is clearly a bogey projected by the complainant that the petitioner was not interested in getting her to the USA and had blocked all channels; but the documents speak otherwise. The attitude of the complainant also speaks for itself.
Therefore, it is not a case where there is an iota of ingredient against the petitioner/husband for the offences punishable under Section 498A of the IPC or Sections 3 and 4 of the Act. It is misuse and abuse of criminal justice system by the complainant right from the word go.

Para 10,

10. This Court has completely considered the complaint, summary of the charge sheet, the statements recorded and the law as laid down by the Apex Court in the aforesaid judgment. All this exercise is undertaken only to arrive at a conclusion as to any of the ingredients of the offences are met or otherwise. The unmistakable conclusion is that, the complainant in gross misuse and abuse of law has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time, be it before the concerned Court or before this Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society. It may not be that these would be the facts in every given case. The Court is only concerned about frivolous and vexatious litigations clogging the criminal justice delivery system, where genuine cases lie in cold storage. If the facts narrated hereinabove are noticed and as observed, the complainant has, in gross misuse and abuse of the process of the law, has set the criminal law into motion. Therefore, it becomes a fit case where the husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC. Liberty is thus reserved to the husband, for such action to be initiated in accordance with law, if he so desires.

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

List of Quash judgments is here and List of Perjury judgments is here.

Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

N.Rajendran Vs S.Valli on 03 Feb 2022

Darshanik M M Vs Poornima A on 04 Dec 2023

Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023

Abhilash.M.V Vs Soumya Soman on 10 Nov 2023

Aarti Vs Kishan Meena on 22 Aug 2024

Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024

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