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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Pratham Singh vs Rajesh on 3 December, 2014

Posted on May 1, 2018 by ShadesOfKnife

Read this Judgment for Hon’ble Punjab and Haryana High Court granting divorce on the grounds of cruelty and desertion.

 

Further, her complaint under sections 498A, 406, 506 IPC against the appellant and his family members was dismissed. Even appeal against the aforesaid order was also dismissed. Her complaint under sections 494/109 IPC remained unsuccessful. The trial court thus was not right in dismissing the petition filed by the appellant husband.

It has been authoritatively held by the Apex Court in K. Srinivas Rao’s case (supra) and a Division Bench of this Court in Imlesh v. Amit, AIR 2014 Punjab and Haryana 89 that where the wife files false criminal complaint against the husband and his family members under Sections 406, 498A of the Indian Penal Code which results in their acquittal, this act of the wife causes mental cruelty and the husband is entitled to a decree of divorce under Section 13(1)(ia) of the Act.

 

Pratham Singh vs Rajesh on 3 December, 2014

 

Read the other judgments cited in this order here.


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 Punjab & Haryana Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground Divorce Granted on Desertion ground Filing False Criminal Complaints causes Mental Cruelty HM Act Sec 13 - Divorce Granted to Husband Mental Cruelty Pratham Singh vs Rajesh Work-In-Progress Article | Leave a comment

Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015

Posted on May 1, 2018 by ShadesOfKnife

This is a Quash Judgment from Hon’ble AP high Court on grounds such as

  1. No Jurisdiction
  2. Delay in filing complaint
  3. Suppression of Material Facts
    1. Hiding Divorce deed
    2. Hiding settlement made by elders of community, after returning items given during marriage
Amit Kumar Yadav And Others vs State Of Telangana 11 September, 2015 crlp_2091_2015

Indiankanoon.org link: https://indiankanoon.org/doc/159121592/

Citation:

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Amit Kumar Yadav And Others vs State Of Telangana CrPC 482 - Saving of inherent powers of High Court Delay or Unexplained Delay In Filing Complaint No Territorial Jurisdiction Perjury - Approached Court with Unclean Hands Quash Suppression of Material Facts | Leave a comment

Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014

Posted on April 30, 2018 by ShadesOfKnife

Supreme Court delivered this verdict granting/affirming the decree of divorce granted by the High Court dissolving the marriage between the parties based on Mental Cruelty.

 

Excerpt from the lower court (High Court) judgement as observed by the Apex court:

“ 44. It has to be further pointed out that while P.W.1 was cross examined by the respondent, it has not been suggested to P.W.1 that he suggested to the respondent that they should have a child only after two years. Thus it appears that this explanation of the respondent for non consummation of the marriage is only an afterthought. Even assuming for a moment that the appellant wanted to have a child only after two years that does not mean that the appellant and the respondent cannot and should not have sexual intercourse. Admittedly, both of them are well educated and there are so many contraceptives available and they could have used such contraceptives and avoided pregnancy if they had wanted.”

 

Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce Granted on Cruelty ground HM Act 25 – Permanent Alimony Allowed Mental Cruelty No Consummation of Marriage Vidhya Viswanathan vs Kartik Balakrishnan | Leave a comment

Divorce Judgments

Posted on April 30, 2018 by ShadesOfKnife

Here is the listing of divorce grant judgments on various grounds as per the Hindu Marriage Act, 1955

NOTE: This will be a running document, meaning, it will be frequently updated with judgments as and when I find them.

Supreme Court Judgments

  1. Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956 [Definition of Desertion]
  2. Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326
  3. Sureshta Devi Vs Om Prakash on 7 February, 1991 [MCD set-aside as consent was obtained fraudulently]
  4. V. Bhagat vs D. Bhagat on 19 November, 1993 [contours of “mental cruelty” defined such that parties cannot reasonably be expected to live together]
  5. Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002 [Cruelty defined; Recommended a Time limit of 90 days to file appeal against judgments in cases under HMA resulting in amendment: Act 50 of 2003 The Marriage Laws (Amendment) Act, 2003 on 2003-10-23, whereby Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only]
  6. Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 [Divorce set-aside for Mental Cruelty and character assassination of husband reasons]
  7. Naveen Kohli Vs Neelu Kohli on 21 March, 2006
  8. Samar Ghosh vs Jaya Ghosh on 26 March, 2007 [deprived of each other’s company and denial of conjugal relationship by the other spouse, with no effort by the respondent/wife to resume matrimonial relationship, is an act of cruelty]
  9. Hitesh Bhatnagar Vs Deepa Bhatnagar on 18 Apr 2011 [Mutual consent must continue till decree under Section 13B of the Hindu Marriage Act and either party can withdraw consent before divorce is granted.]
  10. Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 [constantly giving threats of suicide is cruelty]
  11. Vishwanath Vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012
  12. U.Sree Vs U.Srinivas on 11 December, 2012 [False and baseless allegation cause mental cruelty]
  13. K. Srinivas Rao vs D.A. Deepa on 22 February, 2013
  14. Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014
  15. K. Srinivas Vs K. Sunita on 19 November, 2014 [filing of the false complaint against the husband and his family members ‘regarding unsubstantiated allegations of dowry demand’ also constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act]
  16. Narendra Vs K.Meena on 6 October, 2016 [Separating husband from Parents is ground]
  17. Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 [Guidelines to waive off cooling period of 6 months in MCD cases; The statutory period (of 6 months – 18 months) contemplated under Section 13-B(2) of the Act is directory and that it is open to the Court to exercise discretion]
  18. Harjinder Singh Vs Rajpal on 17 January, 2018 [MCD with 22 lakhs settlement]
  19. Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019 [Filing false cases solid ground for Divorce on the ground of Cruelty]
  20. Mangayarkarasi Vs M Yuvraj on 03 March 2020 []
  21. Amit Kumar Vs Suman Beniwal on 11 Dec 2021 [Further Guidelines to waive off cooling period of 6 months in MCD cases]
  22. N.Rajendran Vs S.Valli on 03 Feb 2022 [Dead Marriage dissolved under power of Article 142 of the Constitution]
  23. Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 [Landmark Judgment on Dead Marriages]
  24. Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 [Landmark Judgment on Dead Marriages]
  25. Kiran Jyot Maini Vs Anish Pramod Patel on 15 Jul 2024 [Interim Maintenance granted in DVC; Marriage terminated under Article 142; Alimony of 2 Crore granted]
  26. Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: Landmark Judgment on Dead Marriages, since the couple lived together only for 80 days and have lived separately since, multiple litigations against each other and no child, the marriage is dead; Rs.25 Lakhs alimony granted]
  27. Vibhor Garg Vs Neha on 14 Jul 2025 [Electronic recording is evidence and no violation of right to privacy]
  28. Pradeep Bhardwaj Vs Priya on 15 July 2025 [ Divorce granted under Article 142 citing irretrievable breakdown after 16 years of separation and enhanced maintenance]
  29. Vishnu Dutt Sharma Vs Manju Sharma on 27 Feb 2009
  30. Ann Saurabh Dutt Vs Lieutenant Colonel Saurabh Iqbal Bahadur Dutt on 12 May 2026 [SC : A wife pursuing her career and prioritising her child’s welfare cannot be accused of cruelty or desertion.]

Andhra Pradesh High Court

  1. Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2.  

Allahabad High Court

  1. Layak Singh Vs Ekta Kumari on 21 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]

Bombay High Court

  1. Devendra Vs Trupti Devendra on 27 Sep 2022 [Seeking maintenance for daughter after MCD]
  2. Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024 [Waiting of cooling off period; if conditions in Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 are met]
  3.  

Calcutta High Court

  1. Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

Chhattisgarh High Court

  1. Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025 [Once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband]

Delhi High Court

  1. Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008 [MCD obtained; 3 years later disputed]
  2. Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019 [Divorce set-aside]
  3. Deepti Kapur Vs Kunal Julka on 30 June 2020 [In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial]
  4. Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 [Long continuous separation; false allegations;Irretrievable Breakdown of Marriage]
  5. Mamta Vs Pradeep Kumar on 05 Sep 2023 [Irretrievable Breakdown of Marriage]
  6. Pallavi Mohan Vs Raghu Menon on 12 Sep 2023 [Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only. For any other cases like Maintenance cases u/s 125 Cr.P.C. the time limit is 30 days only because Parliament did not amend the FC Act yet!]
  7. Deepti Vs Anil Kumar on 19 Sep 2023 [Family Courts cannot grant divorce on ground of Irretrievable Breakdown of Marriage]
  8. Gaurav Nighawan Vs Shweta on 05 Jan 2024 [Cruelty not established but desertion is implicitly established]
  9. Payal Sethi Vs Rohit Sethi on 09 Jan 2024 [repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty; relies on decisions of Apex Court in Mangayarkarasi, K Srinivas, Pankaj Mahajan]
  10. Nikhil Wadhawan Vs Priti Wadhawan on 05 Feb 2024 [Unwarranted interference of the parents and the family members of the respondent in the matrimonial life of the appellant]
  11. Kanwal Kishore Girdhar Vs Seema Girdhar on 28 Feb 2024 [Alleging false adultery and igniting animosity in children towards father is cruelty, valid ground for divorce]
  12. Pramod Vs Umesh at Poonam on 01 Mar 2024 [False and baseless allegation cause mental cruelty]
  13. Shivi Bansal Vs Gaurav Bansal on 16 Jul 2024 [Impleadment of Paramour is not necessary to decide divorce petition on adultery ground]

Jharkhand High Court

  1. Dr. Pankaj Kumar Vs Prerna on 16 Dec 2020 [Time limit to file appeal against judgments in cases under HMA, SMA is 90 days but not 30 days as prescribed under FC Act]

Karnataka High Court

  1. Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023 (MCD after settlement)
  2. Sushil Daddimani and Anr Vs Nil on 27 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  3. H P Komala Vs N Ravikumar on 29 Jul 2024 (Stay of divorce proceedings until arrears of interim maintenance is paid)

Kerala High Court

  1. Vishnudas H. and Anr Vs Nil on 27 Jul 2020 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2. Arun K.R Vs Arunima T.S on 24 Mar 2025 [Husband Doesn’t Show Interest In Sex, Prefers Only Spiritual Pursuits]
  3. Anup Disalva and Anr Vs Union of India on 09 Dec 2022 [Cooling off period is optional]
  4. Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 [Divorce upheld on cruelty ground]
  5. Vijay R. Nair Vs Lijitha on 12 Jun 2026 [Order for Permanent Alimony set aside since wife contracted second marriage]

Madras High Court

  1. R.Natarajan Vs. Sujatha Vasudevan on August 29, 2011
  2. V.Rajesh Vs S.Anupriya on 04 Jun 2025 [Unestablished allegations of sexual harassment is cruelty]
  3. Shivkarthik G.S and Anr Vs Nil on 04 Sep 2025 [Waiving of cooling off period in a Christian Divorce by Mutual consent]

Madhya Pradesh High Court

  1. Smt. Sangita Nigam Vs Saurabh Nigam on 22 November, 2017 (Also Desertion ground)
  2. Aarti Vs Kishan Meena on 22 Aug 2024 (Cruelty and Desertion grounds)
  3. Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025 [Illegally obtained WhatsApp chat is admissible as evidence in a Family Court]

Patna High Court

  1. Rekha Devi Vs Mahesh Kumar on 16 January, 2018
  2. Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 [No evidence for mental disorder (schizophrenia) so divorce denied]

Punjab and Haryana High Court

  1. Shashi Vs Sunny Bhumbla on 9 January, 2012 (MCD with 1.25 lakhs settlement)
  2. Pratham Singh vs Rajesh on 3 December, 2014 (Also Desertion ground)
  3. Jagbir Singh vs Nisha on 11 March, 2015

Telangana High Court

  1. Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2. Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 [Evidence for Divorce in first Marriage, impleadment of a co-respondent, Desertion and status of previous marriage]

MASTER SITEMAP here.


Frequently Asked Questions (FAQs) – Divorce Law in India

The Hindu Marriage Act, 1955 (Section 13) provides several grounds for divorce, including:

  • Cruelty (mental or physical)
  • Desertion for a continuous period
  • Adultery
  • Mental disorder
  • Conversion to another religion
  • Venereal disease
  • Renunciation of the world
  • Presumption of death

Many judicial decisions interpret these grounds and clarify what conduct qualifies as cruelty or desertion.

Mental cruelty refers to conduct that causes severe emotional suffering or mental distress to a spouse, making it impossible to continue marital life. Courts have held that false criminal complaints, humiliation, threats, or persistent harassment can constitute mental cruelty.

Desertion occurs when one spouse abandons the other without reasonable cause and without consent, with the intention of ending marital cohabitation. Courts evaluate both physical separation and intention to desert while deciding such cases.

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act allows spouses to dissolve their marriage by agreement. Both parties must jointly state that they have been living separately and cannot live together anymore.

The Supreme Court has clarified that the six-month cooling-off period under Section 13-B(2) is not mandatory and can be waived by courts if the marriage has irretrievably broken down and reconciliation is not possible.

The Supreme Court of India, using its powers under Article 142 of the Constitution, can dissolve a marriage when it finds that the relationship has irretrievably broken down and there is no possibility of reconciliation.

However, ordinary family courts cannot grant divorce solely on this ground unless recognised under law

Yes. Courts have repeatedly held that false accusations of adultery, dowry harassment, or criminal misconduct against a spouse may amount to mental cruelty, which is a valid ground for divorce.

Yes. Judicial decisions have held that continuous threats or attempts of suicide by a spouse can amount to mental cruelty, as it causes severe emotional distress and makes matrimonial life intolerable.

Under Section 14 of the Hindu Marriage Act, a divorce petition cannot ordinarily be filed within one year of marriage. However, courts may allow it earlier if there are exceptional circumstances or extreme hardship.

Yes. Courts may grant permanent alimony or maintenance under Section 25 of the Hindu Marriage Act depending on factors such as income, financial condition, and needs of the spouse.

Courts have increasingly accepted electronic evidence such as recordings, messages, and digital communications if they are relevant and admissible under the Indian Evidence Act.

Yes. A divorce decree can be challenged by filing an appeal before a higher court within the statutory time limit. Courts can set aside divorce orders if they find procedural errors, fraud, or lack of evidence.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Consent For MCD Disputed HM Act 13(B) - MCD Granted After Settlement HM Act Sec 13 - Divorce Granted to Husband Sandeep Pamarati Summary Post Work-In-Progress Article | Leave a comment

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

Posted on April 30, 2018 by ShadesOfKnife

This judgment from a Supreme Court Bench comprising Justice Dalveer Bhandari has enumerated some of the illustrations of mental cruelty citing Judgments of England, America, Canada and Australia.

Intro

The appellant and the respondent are senior officials of the Indian Administrative Service, The respondent was a divorcee and had a female child from her first marriage. The custody of the said child was given to her by the District Court of Patna where the respondent had obtained a decree of divorce against her first husband, Debashish Gupta, who was also an I.A.S. officer. The respondent’s first husband, Debashish Gupta filed a belated appeal against the decree of divorce obtained by her from the District Court of Patna. Therefore, during the pendency of the appeal, she literally persuaded the appellant to agree to the marriage immediately so that the appeal of Debashish Gupta may become infructuous.

The marriage between the parties was solemnized on 13.12.1984.

… In these circumstances, the appellant has prayed that it would not be possible to continue the marriage with the respondent and he eventually filed a suit for the grant of divorce. In the suit for divorce filed by the appellant in Alipur, Calcutta, the respondent filed her written statement and denied the averments. The learned Additional District Judge came to the finding that the appellant has succeeded in proving the case of mental cruelty against the respondent, therefore, the decree was granted by the order dated 19.12.1996 and the marriage between the parties was dissolved. 

 

The Division Bench of the High Court vide judgment dated 20.5.2003 reversed the judgment of the Additional District Judge on the ground that the appellant has not been able to prove the allegation of mental cruelty.

 

Key Points

Such a vital decision cannot be taken unilaterally after marriage by the respondent and if taken unilaterally, it may amount to mental cruelty to the appellant.

The finding of the High Court that the appellant started living with the respondent amounted to condonation of the act of cruelty is unsustainable in law.

The finding of the High Court that the respondent’s refusal to cook food for the appellant could not amount to mental cruelty as she had to go to office, is not sustainable….. The question was not of cooking food, but wife’s cooking food only for herself and not for the husband would be a clear instance of causing annoyance which may lead to mental cruelty.

The High Court’s finding that the husband and wife might be sleeping in separate rooms did not lead to a conclusion that they did not cohabit and to justify this by saying that the respondent was highly educated and holding a high post was entirely unsustainable. Once the respondent accepted to become the wife of the appellant, she had to respect the marital bond and discharge obligations of marital life.

During illness, particularly in a nuclear family, the husband normally looks after and supports his wife and similarly, he would expect the same from her. The respondent’s total indifference and neglect of the appellant during his illness would certainly lead to great annoyance leading to mental cruelty.

The credibility of the witness does not depend upon his financial standing or social status only. A witness which is natural and truthful should be accepted irrespective of his/her financial standing or social status.

… the appellant and the respondent have been living separately for more than sixteen and half years (since 27.8.1990). The entire substratum of the marriage has already disappeared. During this long period, the parties did not spend a single minute together. The appellant had undergone bye-pass surgery even then the respondent did not bother to enquire about his health even on telephone. Now the parties have no feelings and emotions towards each other.

 

Mental Cruelty Guidelines

No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive.

(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.

(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.

(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.

(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.

(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.

(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.

(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.

(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.

(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life would not be adequate for grant of divorce on the ground of mental cruelty.

(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.

(xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.

(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.

Samar_Ghosh_vs_Jaya_Ghosh_on_26_March,_2007

Citations : [2007 SCC 4 511], [2007 SUPREME 3 26], [2007 JT 5 569], [2007 CTC 3 464], [2007 BLJR 2 1047], [2007 RCR CIVIL 2 595], [2007 RAJ 2 177], [2007 ALD SC 4 11], [2007 ALL SCR 0 881], [2007 SCALE 5 1], [2007 SCC 4 411], [2007 SLJ SC 2 705], [2007 ALT 3 62], [2007 DMC 1 597], [2007 SCJ 3 253], [2007 WBLR 3 525], [2007 GHJ 16 204], [2007 KERLT 2 55], [2007 RAJLW 2 1357], [2007 AWC 5 4820], [2007 CLT 2 72], [2007 JCIVC 2 1028], [2007 SLT 4 76], [2007 AIOL 339], [2007 BOMCR SC 6 834], [2007 SCR 4 428], [2007 GUJ LR 2 1520], [2007 MADLJ 2 1185]

Other Sources :

https://indiankanoon.org/doc/766894/

https://www.casemine.com/judgement/in/5609ae45e4b01497114135d2


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce Granted on Cruelty ground Irretrievable Breakdown of Marriage Justice Dalveer Bhandari Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Reportable Judgement or Order Samar Ghosh vs Jaya Ghosh Work-In-Progress Article | Leave a comment

Article 227 – Power of Superintendence Over All Courts by the High Court

Posted on April 29, 2018 by ShadesOfKnife

227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

 

Posted in The Constitution Of India | Tagged Article 227 - Power of superintendence over all courts by the High Court | Leave a comment

Rekha Jain vs The State on 12 September, 2017

Posted on April 28, 2018 by ShadesOfKnife

This is a good judgment from Justice Sh. Ashutosh Kumar at Delhi District Court at Rohini Court, Delhi. Many law points are elucidated with support from various orders from Hon’ble Supreme Court and other Courts.

Intro

Knife filed three complaints to Police,

  1. first one with general allegations pertaining to the entire duration of her stay at in-laws home
  2. another complaint to ACP, again, with general allegations pertaining to the entire duration of her stay at in-laws home, which she claims was withdrawn under pressure from in-laws
  3. another complaint to ACP, after a gap of 7 months, seeking reopening of the complaint #2, this time with improved allegations such as dowry demand and taking away of entire jewelry and few financial allegations such as NOT helping her to recharge her phone, NOT payment of fee of her M.Sc. II year

Proceedings

Interestingly, advocate for the husband and his family relied on a catena of 33 judgments.

Advocate for Knife tried to argue that revision petition is not maintainable as per section 397 Cr.P.C since the order framing of charge is an interlocutory order, which was binned by the Hon’ble Judge by saying ‘from law laid down in catena of subsequent judgments which are still valid, it has been well settled that the order framing of charge is not an interlocutory order and hence revision petition against the same would be maintainable.‘

Since the order framing of charge substantially affects the rights of accused and in case the plea of the accused is accepted in revision against order of framing of charge, it would finally culminate the proceedings, thus the order of framing of charge cannot be said to be interlocutory.

 

In Para 12,

the Judge observed, it is clear that there is no specific allegation of the harassment or beating of the complainant relating to cruelty towards her as defined in section 498A IPC i.e. for fulfillment of dowry demand or to force the complainant to commit suicide.

 

In Para 14,

it was held, it is clear that the said complaint was pertaining to all incidents of harassment and cruelty towards the complainant which occurred during her stay at matrimonial home and NOT with respect to incident dated 30.07.2013 only, when she was turned out of matrimonial home. Nowhere in the said complaint dated 04.08.2013, the complainant had stated that other  incidents of cruelty towards her by in-laws, shall be disclosed subsequently.

… no cruelty relating to dowry demand as envisaged u/s 498A IPC or which may have forced the complainant to commit suicide, is
prima facie made out. Thus from the initial two complaints dated 04.08.2013 and 05.08.2013 of the complainant, no offence u/s 498A, 406 IPC or 506 IPC is made out.

… it was held that first version as disclosed in the complaint is always important for adjudicating as to whether the accused has committed or not committed an offence and if the complaint lacks essential ingredients, lacuna or deficiency, same cannot be filled by obtaining additional complaint or supplementary statement and effort on the part of police to supply deficiency and cover up a lacuna of complaint was totally unwarranted and an abuse of process of law.

 

In Para 15,

Even as per complainant, she was the only one who was the eye witness to her alleged harassment and beating etc. Statements u/s 161 Cr.P.C of other two material witnesses namely Sub. Maj. Hari Chand (father) and Darshana Devi (mother) of the complainant regarding alleged incidents, are hearsay and will not be admissible in evidence.

It is pertinent to mention that revisionist Neetu Jain [in CR No.53/16 (New No.49934/16)], has not been even named in any of the initial two complaints. There is no allegation against Neetu Jain for causing simple hurt to complainant in any of the two initial complaints. There is no MLC of the complainant on record regarding any of her alleged beatings or torture.

Nowhere in the initial two complaints, the complainant has alleged that the revisionist/husband Shasak Jain had extended any threat to kill her, as a result of which any alarm was caused to her. Thus no offence u/s 506 IPC is made out against the revisionist Shasak
Jain.

In none of the initial two complaints the complainant had alleged that she had entrusted her istridhan articles including gold jewellery to revisionist Rekha Jain and Neetu Jain. Rather in the third complaint only she has stated so and in the last she has stated that the said jewellery is with her motherinlaw now. As already discussed above, third complaint in this regard cannot be looked into as the same appears to be improvement.

However from the allegations in the first complaint, prima facie offence u/s 323/34 IPC is made out against the revisionists Shasak Jain and Rekha Jain, since no MLC is required for proving the offence u/s 323 IPC.

 

[pdf-embedder url=”http://www.shadesofknife.in/wp-content/uploads/2018/04/Smt.-Rekha-Jain-vs-The-State-on-12-September-2017.pdf” title=”Smt. Rekha Jain vs The State on 12 September, 2017″]

 

Read the other Judgments cited in this order here.


[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations IPC 406 - Not Made Out IPC 498a - Not Made Out IPC 506 - Not Made Out No Material To Sustain Charge Rekha Jain vs The State | Leave a comment

Bare Acts of India

Posted on April 27, 2018 by ShadesOfKnife

Here is list of Bare acts along with any available Amendments to same, dealing with Family and Matrimonial Laws.

  1. Indian Evidence Act, 1872
  2. The Hindu Marriage Act, 1955
  3. The Hindu Succession Act, 1956
  4. The Hindu Minority and Guardianship Act, 1956
  5. The Hindu Adoptions and Maintenance Act, 1956
  6. Marriage Laws (Amendment) Act, 2013
  7. Family Courts Act, 1984
  8. Dowry Prohibition Act, 1961
  9. Dowry Prohibition Rules, 1985
  10. Protection of Women from Domestic Violence Act, 2005
  11. Protection of Women from Domestic Violence Rules, 2006

 

The below are the Procedural Codes followed in India

  • Code of Criminal Procedure, 1860
    • All Amendments made to CrPC

 


MASTER SITEMAP here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Summary Post | Leave a comment

Indian Evidence Act, 1872

Posted on April 27, 2018 by ShadesOfKnife

Here is the complete Indian Evidence Act, 1872

Indian Evidence Act, 1872

 

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Indian Evidence Act | Leave a comment

Code of Criminal Procedure (Amendment) Act, 2008

Posted on April 27, 2018 by ShadesOfKnife

Here is the 2008 amendment to Cr.P.C

Code of Criminal Procedure (Amendment) Act, 2008 (REPEALED)

Index of all amendments to CrPC is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Code of Criminal Procedure (Amendment) Act 2008 | Leave a comment

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