The following is the updated Hindu Marriage Act 1955, updated as on 14 May, 2019.
Here is the inaugural bare act of The Hindu Marriage Act, 1955.
The index for all four (4) Hindu Personal Laws is here.
Author: ShadesOfKnife
Rajinder Singh Vs State of Punjab on 26 February 2015
Here is the Landmark Supreme Court judgment giving our clear definition of Dowry as ascribed in Dowry Prohibition Act. Read paras 7 and 8 which are the operative parts.
8. A perusal of this Section shows that this definition can be broken into six distinct parts.
1) Dowry must first consist of any property or valuable security – the word “any” is a word of width and would, therefore, include within it property and valuable security of any kind whatsoever.
2) Such property or security can be given or even agreed to be given. The actual giving of such property or security is, therefore, not necessary.
3) Such property or security can be given or agreed to be given either directly or indirectly.
4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or to any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving dowry is concerned.
5) Such giving or agreeing to give can be at any time. It can be at, before, or at any time after the marriage. Thus, it can be many years after a marriage is solemnized.
6) Such giving or receiving must be in connection with the marriage of the parties. Obviously, the expression “in connection with” would in the context of the social evil sought to be tackled by the Dowry Prohibition Act mean “in relation with” or “relating to”.
Citations: [2015 SCJ 2 686], [2016 NCC 1 626], [2015 ALLCC 89 352], [2015 SCR 2 835], [2015 AIC 148 33], [2015 SCC 6 477], [2015 AIR SC 1359], [2015 AD SC 3 553], [2015 CRIMES SC 2 90], [2015 SCC ONLINE SC 171], [2015 ALD CRL SC 2 32], [2015 JCC 2 1293], [2015 ACR SC 2 1301], [2015 CCR SC 1 477], [2015 CRILJ 1934], [2015 RCR CRIMINAL 2 129], [2015 UC 1 744], [2015 RLW SC 3 2359]
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38957892/ or https://www.casemine.com/judgement/in/5790b23ee561097e45a4e216
State of Haryana Vs Ch Bhajan Lal on 21 Nov 1990
Here is the Landmark Supreme Court Judgement that can be cited and relied on in Discharge or Quash petitions under Article 226 of Constitution of India or Sections 154, 155, 156, 157, 159 of Cr.P.C or Section 482 – Exercise of Inherent powers of courts.
Indicative categories:
- No Prima Facie Case: Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
- Absence of Cognizable Offence: Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
- Commission of Crime not disclosed: Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
- Investigation begun without the order of Magistrate in Non-cognizable offence: Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code.
- Lack of Evidence: Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
- Legally Barred: Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
- Vexatious Proceeding: Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the Accused and with a view to spite him due to private and personal grudge.
Other Sources : https://indiankanoon.org/doc/1033637/ or https://www.casemine.com/judgement/in/5609ac4ee4b014971140e92a
Citations: [1990 SCALE 2 1066], [1992 AIR SC 604], [1992 SCC CRI 1 426], [1990 SCR SUPP 3 259], [1992 CRLJ SC 527], [1992 SUPP SCC 1 335], [1990 JT SC 4 650]
Index of landmark quash judgements is here.
Grounds for Discharge or Quash Petition
Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
Books to gain awareness to fight false legal cases
Here is a list of Books that can help gain knowledge to effectively fight the false legal cases. The links are monetized by Amazon Associates.
- Landmark Judgments (Covering More than 100 leading Cases of India)
- Law of Maintenance in India Kindle Edition
- Guide for Men on Divorce, Cruelty, Desertion, Annulment Kindle Edition
- How to Fight and Reduce Maintenance under CrPC 125 and DV Act Kindle Edition
- Alimony and Maintenance under Hindu Law Kindle Edition
- Surviving the Legal Jungle Kindle Edition
- My Experience with 498A: Are all marriages made in heaven? Kindle Edition
False IPC (Indian Penal Code) 498A Case
Searched for Indian Penal Code (IPC) 498A case related information and landed here? Not a mistake.
As someone at receiving end of a false IPC 498A case, I can understand pretty clearly your situation, intent and instinctive reaction to fight back (albeit initial shocking moments).
Section 498A was introduced by legislature with a noble intent, but like (at last count, 49 such gender-biased laws) many women-oriented laws is ruthlessly misused, left-right-center.
Consequences of misuse?
1. Innocents implicated include bed-ridden elders & minor kids in husband’s home were arrested at old and late hours of night and cunningly enough on a Friday evening. You get the point? Think.
2. Totally unrelated people are implicated, just for the heck of it, along with family members who have never lived with the Knife.
3. Thousands (‘000s) opted for suicides, due to the harassment, shame and loss of dignity and respect caused by these baseless cases.
4. NCRB statistics vividly state there things
- 90,000 men succumb to suicides
- Most number of cases under any IPC section where Conviction rate is paltry .
Key Aspects of Protection of Women from Domestic Violence Act, 2005
The key thing about the Protection of Women from Domestic Violence Act is that it is Quasi-civil act meaning it’s provisions/reliefs are civil in nature and there is no penal punishment like in Criminal cases. One caveat to this is that there is “Penalty for breach of (interim) protection order by respondent” which will attract the IPC provisions.
Per section 29 of the Act, there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Do not waste your time and resources by filing revisions which are not maintainable.
Screw Up Alert:
If you do not properly strategize and time your actions in fighting this case, you may lose money in the form of Interim maintenance to your Knife. Be aware and be alert !!
In no scenario, your property Ownership may be transferred to OP under this Act.
Sandeep Pamarati Vs Ungrateful Knife (DV Case)
Similar to the 498A IPC case timeline available here, in this current post, I am sharing timelines and redacted petitions that I filed in the DV Case.
Take little pains to have them drafted for your cases.
Do NOT ask me word versions. Even if you ask, I will NOT give 😉
Timeline of my DV Case under PWDV Act
—————————————————————————————–
On 08-August-2017,
Court orders for Counseling and DIR reports from Protection Officer
On 17-August-2017,
Notice from Protection Officer to attend Counseling at Sakhi Center, Ongole
On 04-September-2017,
First Counseling session at Protection Officer, Sakhi Center, Ongole – Attended
On 16-September-2017,
Second Counseling session at Protection Officer, Sakhi Center, Ongole – Didn’t attend
On 01-December-2017,
Notice for appearance u/s 13(1) a of PWDV Act 2005 in front of Addl JMFC – Attended
On 08-December-2017,
First hearing – Attended – Vakalatnama filed by Advocate
On 08-February-2018,
Fourth hearing – Attended – Counter filed
Please scroll down a little and read the Counter I filed in opposition to the IM application from OP. It will help draft a better Counter/Written Statement, as I learnt a lot about drafting legal documents, in this one year.
On 12-April-2018,
Sixth hearing – Attended – Judge ordered for examination
Scroll down to bottom of the page, to see what transpired from April 2018 to April 2019.
I kicked out the fraud advocate I had engaged for the DV case and became PIP. I started to Take Control of My Case.
On 02-April-2019,
Filed PIP Petition for myself
PIP Petition
PIP Affidavit
PIP Docket
On 02-April-2019,
Filed Expedite proceedings Petition
Expedite Proceedings Petition
Affidavit
Docket
On 02-April-2019,
OP/PW1 filed Chief Examination Affidavit, in lieu of Chief Examination in the witness box
On 22-April-2019,
Filed Removal of Names Petition for parents
Sample Removal of Names of Parents Petition
Sample Removal of Names of Parents Afidavit
Sample Removal of Names of Parents Docket
[pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2018/03/Docket-Sheet-Removal-of-Names-of-Parents-in-PWDV-Case.pdf” title=”Docket Sheet – Removal of Names of Parents in PWDV Case”]
UPDATE: Magistrate advised (rather told) me to bring out the truth in Cross Examination, instead of allowing this petition.
On 22-April-2019,
Crl.MP 655/2019 is allowed – PIP petition allowed
On 25-April-2019,
Filed (Revised and Final) Counter against the Interim Maintenance along with supporting electronic/digital evidences (in Paper and DVD formats) via a Receiving/List of Documents petition
Sample Counter against Interim Maintenance application in DV Case
Sample Affidavit for Counter against Interim Maintenance application in DV Case
Sample Docket for Counter against Interim Maintenance application in DV Case
Sample Receiving documents Petition in support of Counter against Interim Maintenance application in DV Case
Sample Receiving documents affidavit in support of Counter against Interim Maintenance application in DV Case
Sample Receiving documents docket in support of Counter against Interim Maintenance application in DV Case
On 25-April-2019,
OP/PW1 sworn the Chief Examination Affidavit;
2 Exhibits P1 and P2 were marked. Marriage Invitation Card and Single Marriage photo.
On 09-May-2019,
OP Absented and We Present. I prayed for Cost levy on OP.
PW1 is directed to appear by next adjournment without fail
On 30-May-2019,
OP Absented and We Present. I prayed for Cost levy on OP.
PW1 is directed to appear by next adjournment without fail. Otherwise the next step will be follows.
On 03-June-2019,
Conducted Cross-examination of PW1/OP – Day 1
Actual base questions used prepared from Chief Examination affidavit of PW1/OP
Cross-Examination Sample Questions
On 04-June-2019,
Conducted Cross-examination of PW1/OP – Day 2
On 17-June-2019,
Conducted Cross-examination of PW1/OP – Day 3
On 18-June-2019,
Conducted Cross-examination of PW1/OP – Day 4
Original questions asked and the responses (already prepared to get these answers) from PW1/OP
Cross examination QnA in DVC IM for Upload
On 19-June-2019,
Cunning knife sought adjournment for some reason and ran away from Cross-examination
On 05-July-2019, 02-08-2019 and 29-08-2019
I filed absent petition via RPAD, since Magistrate went on for a 6-month long training.
On 17-09-2019, 14-10-2019, 11-11-2019 and 02-12-2019
I did not file the absent petition.
On 17-01-2020,
I filed the absent petition and it got allowed. On next date, I was fully prepared to pose my final set of Cross examination questions to PW1 and end this stage. If permitted, getting ready to finish Oral Arguments and file written arguments as well.
On 07-02-2020,
Conducted Cross-examination of PW1/OP – Day 5
As expected, posed final set of Cross examination questions to PW1 and finished this stage. That’s when I understood and realized that, there are other PWs.. Hmm. I should have sought for and got List of Witnesses even before beginning the Cross of PW-1. Lesson (known, but forgotten) learnt. Hence, Arguments stage is few more dates away.
Here are the final set of Cross questions that I posed to PW-1 and few that I couldn’t ask.
Cross examination of PW-1 in DVC IM as on 2020-02-07
Now to prepare questions for PW-2. Who will that be? Father, Mother or Brother of Cunning ungrateful knife? Let’s wait for 27-Feb-2020
On 27-02-2020,
Awaiting entry of PW-2
On 01-04-2021,
Awaiting entry of PW-2 ; Going to pray for close of Further evidence of Petitioner as last 4 hearing the party as well as Advocate was absent. Seems they are no more interested in the lis.
On 30-09-2021,
Still Awaiting entry of PW-2
On 29-09-2022,
Exactly after one year from last date, I took things to Hon’ble High Court in a Criminal Petition seeking directions to the trial Court for early disposal of this case and the Hon’ble Judge has been kind enough to grant my prayer.
Detailed post here.
On 17-10-2022,
Going to the Court, with a memo to receive the High Court order and comply with the direction.
On 12-01-2023,
Successfully made Oral Arguments and also submitted Written Arguments (just in case this matter goes to higher courts in appeals/revisions)
On 15-02-2023,
DV case partly allowed. 5 Lakhs as compensation and 10,000 as costs of filing the DV case.
The necessary judgments to win this case are listed here.
SUMMARY of the CASE HISTORY
Go here for the Appeal against this case, which I WON.
Index of all cases filed against my and my parents is here and my defence/counter attacks.
Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985
Here are the Dowry Prohibition Act along with Rules of 1985
Dowry Prohibition Act, 1961
The following is the latest amended Dowry Prohibition Act 1961, updated as on 3rd December, 2018.
Here is the bare act of Dowry Prohibition Act, 1961
Read the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 by clicking here.
The Amendments made to the Dowry Prohibition Act in 1984 and 1986 are available here.
State-enacted Rules are here.
All Dowry related case laws here.
All My Dowry-related litigation
