Justice M.SATYANARAYANA MURTHY in this Andhra Pradesh High Court judgment clarifies the non-maintainability of revision under Sections 397 and 401 of CrPC, in a Domestic Violence Case, when the Act itself has a section 29 for the purpose of revision (as well as Appeal).
Citations : [2017 SCC ONLINE HYD 381], [2018 ALT CRI 2 70]
Other Sources:
https://indiankanoon.org/doc/150555325/
https://www.casemine.com/judgement/in/5a28d6c54a9326135bfa09ab
Index of all Domestic Violence Cases is here.
This is a wonderful and interesting judgment from Hon’ble Allahabad High Court involving advocate fraud.
Salient Point of interest:
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In this judgment from Allahabad High court, maintenance for knife is denied on the ground that she is able to maintain herself as she is earning more than 2200/-per month but allowed for the minor child, even when the husband and knife are divorced.
Good judgment again from Hon’ble Karnataka High Court which held that Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance.
Citations: [2
Other Source links:
Good judgment from Co-ordinate bench of Hon’ble Karnataka High Court which held that Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance.
Citations: [(2009) 12 KAR CK 0083], [ ],
Other Source links:
https://indiankanoon.org/doc/1502986/
https://www.courtkutchehry.com/Judgement/Search/t/598623-krishna-murthy-nookula-appellant-hash
Krishnamurthy Nookula vs Savitha Y on 9 December, 2009 HC of Karnataka
This judgment is over ruled in here.
Index of Domestic Violence judgments is here.
Wonderful judgment from High Court of Himachal Pradesh where the Husband was acquitted from IPC 498A for following reasons
This judgment from Apex court defines what is mental cruelty as envisaged under section 13(1)(ia) of Hindu Marriage Act.
Mental cruelty broadly means, when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party. In other words, the party who has committed wrong is not expected to live with the other party.
This judgment from Supreme Court of India revisits the evidences submitted at the trial court stage and overturns the conviction under 498A due to no material evidence in regards to cruelty under the statutes of IPC 498A.
Key point on delay in filing the complaint
The complaint of cruelty was lodged by filing an FIR on 23.5.1997 i.e. after four years of leaving the matrimonial home. More so, the mental or physical torture was not continuous on the part of the appellant as there is no complaint against him between 1993 to 1997 i.e. leaving the matrimonial home by the wife and performing the second marriage by the husband.
Wonderful judgment: Qualified and able-bodied knife will not be entitled for interim maintenance.
This is a funny judgment where by a highly qualified wife is granted maintenance under Section 24 of HMA.
Don’t miss to read the para 12
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