Relatives residing separately are set free from the proceedings of Domestic violence case by Hon’ble Bombay High Court.
Author: ShadesOfKnife
Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.
Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:
24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]
Other Sources :
https://indiankanoon.org/doc/1337239/
https://www.casemine.com/judgement/in/5609af03e4b014971141557d
Another previous judgment cited in this judgment is available here.
Index DV case laws is here.
Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
Fraud on Hon’ble Court is always viewed seriously.
Smt. Sureshta Devi Vs Om Prakash on 7 February, 1991
In this Supreme Court judgment, a mutual consent Divorce decree is set aside because knife says consent was obtained under pressure and threat.
Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016
Very nice judgment from High Court of Gujarat, wherein income (alimony given by Husband is income for tax purposes) hiding Knife is charged under sections 195 and 340 of CrPC.
Para 4,
The trial Court, on an application Exh.88 under sections 195 and 340 of the Code of Criminal Procedure preferred by respondent No.2 on 13.5.2016, recorded the evidence on both the sides and directed the Registrar of Family Court to file an application before the Pradyuman Nagar police station under sections 191,192 and 193 of the Indian Penal Code.
Para 8,
Learned advocate appearing for respondent No.2 has urged that it is very rare that the Court would go out of the way to hold that perjury has been committed and, in the instant case, it is quite obvious from the record that she had not revealed the fact that she is given permanent alimony of the sum of Rs.4,00,000/- so also all her income is shown under the Income-Tax Act.
Para 10,
Admittedly, this order has arisen on account of the affidavit given by the petitioner, wherein she declared herself a housewife having no source of income. However, she has admitted in her cross-examination that she has obtained Rs.4 lakhs from her previous husband at the time of taking divorce from him.
Para 16,
It also held that the bar would be attracted only when the offences enumerated in section 195(1)(b)(ii) have been committed with respect to a document, after it has been produced or given in evidence in a proceeding in any Court. If said offence is committed or given in evidence in Court, no complaint by Court would be necessary and a private complaint would be maintainable.
Para 18,
this Court has no reason to interfere as often it is found that the litigants coming before the Court chose to speak blatant lies and do so with complete impudence.
Para 19,
Laws which are otherwise in favour of the distressed wife when are sought to be misused by declaring completely incorrect facts and also by suppressing the material aspect, the trial Court at the time of considering the case found that the impact on the administration of justice would make it expedient for it to direct the prosecution.
Neelu Chopra and Anr Vs Bharti on 7 October, 2009
Nice judgment quashing order of Magistrate who took cognizance of case wherein the allegations in the complaint are vague and general in nature, which was filed after about nine years of the marriage!
From Para 4,
the complaint is against Rajesh in the sense that the accused Rajesh asked the complainant to hand over the ornaments and clothes to his parents lest they are lost in the way. On reaching to Delhi when the ornament were asked back by the complainant, they were not returned back.
There is undoubtedly some reference to the present appellants, but what strikes us is that there are no particulars given as to date on which the ornaments were handed over, as to the exact number of ornaments or their description and as to the date when the ornaments were asked back and were refused.
…
Even the weight of the ornaments is not mentioned in the complaint and it is a general and vague complaint that the ornaments were sometime given in the custody of the appellants and they were not returned. What strikes us more is that even in paragraph 10 of the complaint where the complainant says that she asked for her clothes and ornaments which were given to the accused and they refused to give these back, the date is significantly absent..
From Para 5,
In order to lodge a proper compliant, mere mention of the sections and the language of those sections is not be all and end of the matter. What is required to be brought to the notice of the court is the particulars of the offence committed by each and every accused and the role played by each and every accused in committing of that offence. When we see the complaint, the complaint is sadly vague. It does not show as to which accused has committed what offence and what is the exact role played by these appellants in the commission of offence.
Indiankanoon.org link: https://indiankanoon.org/doc/339579/
Citations: [(2010) 1 SCC (Cri) 286], [2009] INSC 1632, [AIR 2009 SC(Supp) 2950]
V.Bhagat Vs D.Bhagat on 19 November, 1993
Another landmark judgment from Hon’ble Apex Court clearly defining the meaning of Mental Cruelty with respect to Divorce petition.
Citations : [1994 UJ SC 1 70], [1994 AIR SC 710], [1993 SCALE 4 488], [1994 SCC 1 337], [1994 BLJR 1 1], [1994 PUNJ LR 1 603], [1994 GLH 1 186], [1994 AN LT SC 1 14], [1994 BOMLR 96 360], [1994 ALT SC 1 14], [1994 ALR 23 77], [1994 LW 1 27], [1994 CIVILCC 558], [1993 JT SC 6 428], [1993 SUPP SCR 3 796], [1993 SUPPSCR 3 796], [1994 UJ 1 70], [1994 AIR 710]
Other Sources:
https://indiankanoon.org/doc/1848484/
https://www.casemine.com/judgement/in/5609ac91e4b014971140f2cb#20
The Index is here.
My Law Journey…
In continuation from the About Me page… here are the interesting events… as usual… this will be updated regularly/weekly/monthly (currently on need basis)…
- Been providing legal counseling from Jan 2018 on wards to distressed husbands and their families in dealing with the false cases
- Wrote the AP LAWCET 2018 exam on 19-04-2018 (Thursday)
- Got 293 rank in AP LAWCET 2018 exam on 14-05-2018 (Monday)
- Wrote the TS LAWCET 2018 exam on 25-05-2018 (Friday)
- Got 636 rank in TS LAWCET 2018 exam on 14-06-2018 (Thursday)
- Got admitted to a local college, Sri Vijayanagar Law College, Anantapur into 3 years LLB (General) course on 17-10-2018 (Wednesday) Durgaashtami
- Week #1 (Wk Ending 03 Nov 2018)
- First week of college started on 29-10-2018; It felt funny to be among classmates who are 10+ years younger to me.
- First week ended with a good note on 03-11-2018. I am adjudicated at First place in a ‘Pick (a topic) and Speak’ competition at College along with a woman classmate.
- I wanted to participate in this event for one single objective: Folks of my college should know me with this. I have achieved that objective. No need to participate in it again. Set and Reach new objectives now.
- Week #2 (Wk Ending 10 Nov 2018)
- This week, I learnt about ‘Para-Legal Volunteer’ scheme from NALSA and gave my name to register as PLV. Am excited and looking forward for the paralegal work to begin soon.
- Weeks #3 and #4 (Wk Ending 24 Nov 2018)
- These two weeks were turning point, so to speak. Tried to introduce legal news into class whatsapp group and got myself kicked out. LOL. I pity their ignorance & childishness (by forming their own groups and ‘gangs’, idiots, haha) and as the saying goes, Ignorance of Law is not excusable. Hope they will realize this after beginning their law practice, which I highly doubt, considering their histrionics in class.
- Week #5 (Wk Ending 01 Dec 2018)
- Noon classes began and stopped as fast as they started, as the faculty got over-burdened. College re-opens for my batch on Dec 12th, literally.
- Got RR series Quick Reference guides for all 5 subjects. Started with Essay-type question answer in IPC subject.
- Week #6 (Wk Ending 08 Dec 2018)
- Have targeted to read essay type questions from IPC, Torts and Constitution Law from previous exam papers. Listed them here.
- Have Setup a WhatsApp group for people who are fighting their cases on their own, Party-in-person (PIPs). Contact me here, if you are a PIP, operating anywhere in India, and want to join this group.
- Week #7 (Wk Ending 15 Dec 2018)
- Per target last week, did complete studying few large answer questions.
- College started on the prescribed date this week.
- Bought the Internship Diary. Now only thing pending to complete the circuit is a Senior Advocate. Hahaha
- Week #8 (Wk Ending 22 Dec 2018)
- Writ material is gathering a shape. Happy about it that got inputs from a dear friend. Thanks 498aNlr
- Even faculty when heard about the writ’s objective were dismissive about the writ. Have to face much more negativity.
- Week #9 (Wk Ending 29 Dec 2018)
- Got one more book for 2nd semester. Cancelled the remaining order and requested refund for remaining books. Bought the Contracts-1 book (Rega Surya Rao, no option left)
- Got busy with judgments upload and neglected studies.
- Preparing for the debate program on Jan 11th 2019 on the topic of, ‘Abolishment of Capital Punishment’. Have some solid points ready.
- Week #10 (Wk Ending 05 Jan 2019)
- Attended the Fresher’s party function at College on 31 Dec 2018, organized by the 2017 batch seniors. It was a very-well planned and conducted event. Appreciated by one and all.
- Lecturers informed that first semester exams are fast approaching and positively will be conducted by 3rd week of February. Started explaining the ways to write various types of questions. Still folks in class are dumb.
- Week #11 (Wk Ending 12 Jan 2019)
- All students getting ready for impending examinations. Folks making photocopies of text books, altogether. HAHA
- Extra classes also being scheduled this week for one subject. Soo much subject and soo little time to study. Law student life!!
- Week #12 (Wk Ending 19 Jan 2019)
- Week #13 (Wk Ending 26 Jan 2019)
- Week #14 (Wk Ending 02 Feb 2019)
- Week #15 (Wk Ending 09 Feb 2019)
- Week #16 (Wk Ending 16 Feb 2019)
- Week #17 (Wk Ending 23 Feb 2019)
- Week #18 (Wk Ending 02 Mar 2019)
- Few students in the class resisted to go down the route of copying from micro-xerox photocopy ‘booklets’; I was one of them.
- Wrote exams well to the best of the efforts of my brain cell !! LOL
- Week #19 (Wk Ending 09 Mar 2019)
- Began writing notes for all subjects
- Got ‘Harassed Husbands’ delivered.
- Week #20 (Wk Ending 16 Mar 2019)
- July 2019
- Came to know the results of first Semester. All Pass. 49.1% Aggregate score. Happy. No backlog
- Participated in my first Moot Court competition at GITAM School of Law. Details here.
- August 2019
- Serious preparation for 2nd Semester examination… sort of.
- Drafted post related to 2nd PIL here.
- September 2019
- Getting ready for 2 upcoming Moot Court competitions. With a novice and learning team. Challenging? Let’s see
- Unfortunately, this got cancelled, for now, with a promise that they will reschedule the event on a later date. Details here.
- 3rd Semester began. As if nothing new happened, Quietly.
- Got hold of all necessary study guides in one bunch at Library itself for a reasonable price.
- October 2019
- Attended college regularly.
- Prepared a draft policy document with necessary changes to various aspect of College ecosystem and presented to Principal. He promised to take action on few of them at least.
- November 2019
- Went to Vizag to seek Expert Legal opinion on my first PIL here.
- Then went to Amaravathi and filed the PIL. It got reviewed and a SR issued [WP(PIL)SR 29833/2019]. Awaiting numbering of PIL, after an Interview by a team of Registrars.
- December 2019
- Preparing for 3rd Semester Examination… again, sort of.
- Came to know the results of second Semester. All Pass. 51% Aggregate score. Happy. Again no backlog
- Got a call to appear before the Committee of Registrars regd the PIL I filed last month.
- January 2020
- Finished off the exams. I told myself, you did well; will clear all this semester too. I hope I told myself correct.
- Received an Order from the Committee of Registrars. They rejected my request to appear PIP. Reason: I never appeared before any Court as PIP. They lied. Good that I have electronic evidence to prove them wrong, if required in a Court hearing. I will keep that option open. My Trump card.
- February 2020
- Went to High Court and took back my petition (all sets). As will everything first time with me, this too failed. Won’t be failing next time though. Not sure when is the next time.
- Supposed to appear for the judgment pronouncement in the Discharge Petition I filed. Not sure why, but I didn’t appear in the Court. Also something called as epidemic was said to have started causing panic.
- March-June 2020
- The epidemic was declared pandemic n-COVID19.
- Entire 4th semester classes (except for a couple of weeks), went online mode.
- Due to COVID-19, the final exams for 4th semester got scrapped. So I am deemed to have passed the 4th Semester. Kind of… Yippeeee… 2nd Year too cleared. All Pass and some washout. FINAL YEARRRRR, here I come. 1 year closer to my immediate goal of getting LL.B. degree
- July 2020
- Came to know the results of third Semester. Collected marks-list for 3rd Semester.
- All Pass. 47.2% Aggregate score. Happy. No backlog. I was a good motivator for myself.
- August 2020
- Paid Fee for final year LL.B. Ufff… no more BIG payments for academic purposes. Promise to myself. Naa meedottu.
- Some painful conversations and decisions taken later
- Online classes for 5th semester started. Am I attending regularly?
- 14-August-2021
- That day came, wherein all activities at one’s Law college will end for you. Today I submitted the last record (incidentally my favorite topic: Public Interest Litigation) and my Internship diary at college; No questions were asked.
- Quietly ended the day with plans for next day, 15-Aug-2021 (74th Independence Day)
- Motivated myself to change my lifestyle gradually.
- No more updates to this page.
- 17-March-2022
- Enrolled with Bar Council of Andhra Pradesh, as an Advocate…
- Parents were present at the venue and were ecstatic… Joy clearly visible on their faces…
- 14-August-2022 (Exactly one year later…)
- One WP filed (Questioning Dowry giver is a criminal or not) and is next listed on 30-Sep-2022
- One IA filed (Seeking release of my passport) in a earlier closed Crl.P.
- Opened Vijayawada Office at Machavaram Down from Jan 2022
- Worked out an understanding with Suprajaa Rajan to open Bengaluru officer as well. WIP. Not yet there.
- Earned Rs.1,21,500/- from the date of enrolment 17-Mar-2022.
- 104 goals setup for myself (and my team, if it ever materializes) here.
- 14-November-2022
- Closed down the office/home at Vijayawada permanently. My plans failed and I had to do course-correction.
- Relocated to Ongole to take advantage of the early disposal order obtained from APHC here.
- 21-April-2023
- Relocated to Mangalagiri
- 08-July-2026
- Relocated to Bengaluru, this time to become as an Advocate, for many reasons. Can be closer to aged parents (Bengaluru is around 200 Kms away from Anantapur), High Court and 5-6 Trial Court Complexes in Bengaluru are just around 4-5 Kms away from each other, Higher Income prospect, Cooler climate, Telugu is known to almost everyone in Bengaluru, Suprajaa being already enrolled since 4 years here.
- Settled in the Tilaknagar, Jayanagar PG.
- 09-July-2026
- Visited Karnataka State Bar Council (KSBC) only to realize even these bastards are charging fees to process enrollment transfers. Time to screw them legally. It seems I am going to have a grand welcome in Karnataka.
- Gathered sample WPs and decided to send the representation first, as required by a High Court.
Acquittal from Criminal Matrimonial Cases
Here are list of judgments where husband and/or his family and relatives acquitted from False Criminal Matrimonial Cases. These are the so called Success Stories. Hope it helps.
Bombay High Court:
- Baijnath and others vs State of Madhya Pradesh on 18, November 2016
- Neeraj Subhash Mehta Vs The State of Maharashtra on 13, January 2017
MASTER SITEMAP here.
Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014
This is the landmark judgment from Supreme Court asserting that ‘No automatic arrest’ in matrimonial cases. See here how this judgement has impacted the Bail-Jail industry.
“Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:
(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction;
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
Most important.
We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may
extend to seven years; whether with or without fine.
Citations: [2014 DLT 210 599], [2014 GLR 2 1848], [2014 CRIMES SC 3 40], [2014 OLR SC 2 562], [2014 KARLJ SC 4 177], [2014 AD SC 7 697], [2014 KCCR 3 1977], [2014 JT 7 527], [2014 AIOL 411], [2014 MPHT SC 4 81], [2014 RLW SC 3 2171], [2014 CCR SC 3 144], [2014 WLN SC 3 28], [2014 AIC 140 118], [2014 MPJR SC 4 55], [2014 JLJR SC 3 313], [2015 LW CRL 1 318], [2014 ALT CRI 2 457], [2014 RCR CRIMINAL SC 3 527], [2014 KHC 3 69], [2014 CRIMES SC 3 206], [2014 GLT SC 3 102], [2014 SLT 5 582], [2014 SCC 8 273], [2014 MLJ CRL SC 3 353], [2014 CRLJ SC 3707], [2014 AIR SCW 3930], [2014 SCC ONLINE SC 532], [2014 ACR SC 3 2670], [2014 SCJ 6 219], [2014 CRILJ 3707], [2014 GUJLR 2 1848], [2014 JT 9 55], [2014 SUPREME 5 324], [2014 DMC SC 2 546], [2014 GUJ LH 2 547], [2014 KERLT 3 143], [2014 ILR 5507], [2014 BOMCR CRI SC 3 362], [2014 SCALE 8 250], [2014 PLJR 3 314], [2014 AIR SC 2756], [2014 JCC SC 3 1529], [2014 KLJ 3 330], [2014 SCC CRI 3 449], [2014 SCSUPPL CHN 4 73], [2014 GLH 2 547], [2014 ALLCC 86 568], [2014 ILR KER 3 165]
Other Source links:
https://indiankanoon.org/doc/2982624/
https://www.legitquest.com/case/arnesh-kumar-v-state-of-bihar/883C7
https://www.casemine.com/judgement/in/5609af58e4b01497114161f7
Did you ever know what happened to this 498A IPC case of Arnesh Kumar? It got settled!
