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Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022

Posted on April 29, 2024 by ShadesOfKnife

A single judge bench of Andhra Pradesh High Court held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Paras 16 and 17,

16. Applying the above stated legal position to the facts of the case on hand, this Court finds merit in the submissions made by the learned counsel for the petitioners. The statement of the petitioners on oath that they are living separately since 3 days after the marriage, that the same was not consummated and that they had no mental stress in arriving at a conclusion to separate and on the contrary, continuing their relationship causes mental trauma and agony are the factors which weigh to exercise discretion in their favour for waiving the period of one year and the case on hand fall in the category of exceptional hardship as continuance of marriage would be more traumatic than dissolution of the same.
17. Further, the learned Trial Judge instead of examining the specific case of the petitioners herein with reference to the averments made in the affidavit in I.A.No.20 of 2022, based its Order on Savanam Giridhar Reddy‟s case referred to supra arising in a different fact situation and the reasoning in the decisions relied on by the learned counsel aptly applies to the instant case.

Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022

Index of Divorce Matters here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision HM Act Sec 14 - No Petition For Divorce Within One Year Jelakara Chandra Sekhar Vs Nil | Leave a comment

Vishnudas H. and Anr Vs Nil on 27 Jul 2020

Posted on April 29, 2024 by ShadesOfKnife

A division bench of Kerala High Court held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Paras 8, 9 and 10

8. A reading of Section 14(1) of The Act, will show that, though the substantial provision provides a restriction in entertaining an application for dissolution of a marriage before the lapse of one year from the date of marriage, the proviso permits the court to grant leave to present the petition before the lapse of one year from the date of marriage, if the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. The proviso to the section creates two instances where the court can grant leave to excuse time limit i.e., exceptional hardship to the petitioner or exceptional depravity to the respondent.
9. It is common knowledge that none enters into a marriage for the purpose of dissolving it. Certainly, at the time when the marriage vow is taken or the knot is tied, the intention is to create a permanent bond. However, human nature being a complex one, the error in judgment could be realized instantly or belatedly. When that error in judgment is realized, instantly, as it has happened in the present case, a window is provided by law, through the proviso, against the bar under Section 14(1) of The Act, for persons like the petitioners, to shorten their mental trauma by seeking permission to waive the one year period, of course, on satisfying the conditions stipulated.
10. What is an exceptional hardship to the petitioner and what would be the exceptional depravity for the respondent, are matters which the court will have to identify, based on the factual situation that arise in each individual case. These two terms cannot be defined or explained in a straight-jacket formula, but will depend upon the circumstances of each case. Allegations that may be sufficient to grant a decree of divorce may not, in all cases, constitute the ‘exceptional hardship’ contemplated under the section. The factors that shall be weighed by the court while deciding a petition for grant of leave to present a petition for divorce are inter alia, reasonable probability of a reconciliation between the parties, interests of children in the marriage, as is indicated in Section 14(2) of The Act. With the above factors in mind, the terms exceptional hardship and exceptional depravity ought to be appreciated by the court by stepping into the shoes of the petitioner or the respondent, as the case may be. In our system of adversarial jurisprudence, when, parties who are discrepant in all aspects, are in accord that continuance of the relationship causes more hardship to them, in the absence of materials to the contrary, Court need not and cannot disbelieve their affirmations, especially at the initial stage of granting permission to present a petition for divorce. The power conferred under the latter part of the proviso to Section 14 of The Act is sufficient safeguard against misrepresentations or concealment in obtaining the above referred permissions.

From Paras 16 and 17,

16. A reading of the petition seeking permission in the instant case, as has been narrated earlier, shows that within few hours of the marriage, the petitioners separated from their companionship. It is jointly stated that neither had they lived together as husband and wife nor did they have any physical relationship. All attempts for mediation failed and their relationship has irretrievably broken down. The very fact that they have jointly stated that continuance of their relationship would cause more stress and trauma and that there is absolutely no trace of any stress or trauma in dissolving the marriage, speaks volumes about the exceptional hardship that will be caused to the parties to the marriage, if they are statutorily compelled to wait for a further period of time so as to merely satisfy the legal prescription of expiry of one year from the date of marriage. Both of them have also stated, together, that further delaying the dissolution of marriage has a propensity to cause damage to their career as well as their future prospects of marriage. They have also affirmed that their views are irreconcilable. When, in unison they state that continuance of marriage is more traumatic than dissolution of marriage, and that they lived together as husband and wife only for few hours, it satisfies the test of exceptional hardship contemplated under the proviso to Section 14(1) of The Act, to be granted the benefit of waiver of the period of one year.
17. A reading of the impugned order of the Family Court indicates that the court was moved more by general principles of morality rather than the specific case of the parties to the marriage. We cannot agree to the reasons stated in the impugned order.

Vishnudas H. and Anr Vs Nil on 27 Jul 2020

Index of Divorce Matters here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act Sec 14 - No Petition For Divorce Within One Year Vishnudas H. and Anr Vs Nil | Leave a comment

Layak Singh Vs Ekta Kumari on 21 Mar 2024

Posted on April 29, 2024 by ShadesOfKnife

A single judge bench of Allahabad High Court held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Para 19, 20 and 21,

19. Where there is a chance of reconciliation, however slight, the cooling period of six months from the date of filing of the divorce petition should be enforced. However, if there is no possibility of reconciliation, it would be meaningless to prolong the agony of the parties to the marriage. Thus, if the marriage has broken down irretrievably, the spouses have been living apart for a long time, but not been able to reconcile their differences and have mutually decided to part, it is better to end the marriage, to enable both the spouses to move on with the life.
20. In the present case, the petitioner (husband) is aged about 34years and the opposite party (wife) is aged about 32 years. They got married on 29.06.2020 and are living separately since 28.10.2020. It is the case of the parties that every effort to resolve their difference failed despite best efforts being made by their family members and other persons of the society. It is further admitted that since both the parties failed to reconcile their dispute they agreed for divorce by mutual consent and entered into a settlement according to which the husband had to pay a sum of Rs. 6,00,000/- to the wife. In the application which was jointly made by both the parties for waiving of the cooling period, it was stated that the husband was in lookout for a job outside of State of Uttar Pradesh and because of pendency of this proceeding, he was not able to join his new job and further the wife also wanted to restart her life after the divorce. In this case marriage was a non starter. Admittedly, the parties lived together only for few months. After which they have separated on account of irreconcilable differences. It is jointly stated by the parties that the efforts at reconciliation have failed. The parties are unwilling to live together as husband and wife.Even after over three years of separation, the parties still wants to go ahead with divorce. As the parties are living separately for more than three years soon after their marriage and they have entered into a compromise to settle their dispute amicably and has agreed for divorce, specially considering the age of the parties, no useful purpose would be served by making the parties wait except to prolong their agony rather it will be useful that both the parties may be given a chance to restart their life afresh after the divorce. It is also admitted, in the present case, that there are no issues out of the wedlock of the parties.
21. The order passed by the Principal Judge, Family Court, Agra is not consistent with the judgment of Supreme Court in case of Amardeep Singh v. Harveen Kaur (Supra) and Amit Kumar v.Suman Beniwal (Supra).

Layak Singh Vs Ekta Kumari on 21 Mar 2024

Index of Divorce Matters here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision HM Act Sec 14 - No Petition For Divorce Within One Year Layak Singh Vs Ekta Kumari | Leave a comment

Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024

Posted on April 29, 2024 by ShadesOfKnife

A single judge bench of Telangana High Court held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Para 5,

5. The petitioners have claimed that the Court below erred in dismissing their application and failed to understand the hardship faced by the petitioners that is the personal health issues and impotency, which they had explicitly stated. Their petition under Section 14(1) of H.M. Act was dismissed mechanically, without appropriate examination of the content. They have also pleaded that the Court below dismissed their petition without considering their arguments and the precedents they cited, thus exceeding the scope of the matter.

From Para 7,

7. The petitioner No.2 is forty (40) years old and who appeared personally through video conferencing submitted that she has received a marriage proposal which is at the final stage of settlement. However, things cannot materialise unless the divorce is obtained so far as the present marriage is concerned. She wishes to remarry due to biological complications that can occur with pregnancies at her age, such as a higher risk of miscarriage and potential complications during delivery.The delay in the divorce process is causing her a great deal of anxiety, as she is keenly aware that time is not on her side which is an immediate resolution to her request for divorce.

From Para 15,

15. In the present case the marriage between the petitioners was solemnized on 01.06.2023 and they commenced their matrimonial life together. However, their marital journey was short-lived as they continued their marital life for two (02) months. During this brief period, their relationship was beset by differences that arose primarily due to health problems and impotency. These issues created a barrier in their relationship and led to the consensual decision of dissolving their marital bond. The primary reason that necessitated the divorce is the couple’s incapacity to continue their marital relationship, which has been severely affected by health problems and impotency. Both parties are unequivocally in agreement about their decision to divorce, and there seems to be no possibility of reconciliation. Their mutual consent for divorce underscores the irreparable breakdown of their marriage. Further adding to the complexity of the situation is the fact that the petitioner No.2, who is forty (40) years old, has received marriage proposals and is keen on remarrying. Her decision is fuelled by the potential biological complications associated with pregnancies at her age. She is acutely aware of the higher risks of miscarriage and potential complications during delivery that can occur with pregnancies at her age. Therefore, she wishes to remarry as soon as possible to mitigate these risks at the earliest. Since they have already completed their ten (10) months waiting period and just about two (02) months time is left to complete the waiting period. Hence, they already waited for the substantial part of the statutory waiting period.

Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024

Index of Divorce Matters here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna HM Act Sec 14 - No Petition For Divorce Within One Year | Leave a comment

Sushil Daddimani and Anr Vs Nil on 27 Mar 2024

Posted on April 28, 2024 by ShadesOfKnife

A single judge bench of Karnataka High Court (at Dharwad) held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Para 6 (Issue Framed)

6. From above, only question that would arise for consideration is ‘whether petitioners have made out a case of exceptional hardship and whether trial Court was justified in rejecting I.A.no.I?’

From Paras 7 and 8 (Pleadings about Exceptional Hardship)

7. Perusal of petition at Annexure-A would indicate that there are specific pleading about petitioner no.2 being forged into marriage and due to same, she had withdrawn from marital obligations. They have also stated that marriage having not been consummated and parties being residing separately and failure of efforts for reconciliation by family members and elders. It is also seen that parties have intended to move on with their lives after obtaining divorce.
8. While passing impugned order, only reason assigned by trial Court is that there are no averments to make out a case of exceptional hardship, which does not appear to be justified in view of above observations.

From Para 9 (Enquire the parties about Exceptional Hardship or lack of it)

9. On other hand, it would have been appropriate for learned trial Judge to have devoted some effort to enquire about existence or otherwise of exceptional hardship as provided in Section 14 of Act. Without such exercise, arrival of conclusion as above would not be justified.

Sushil Daddimani and Anr Vs Nil on 27 Mar 2024

Index of Divorce Matters here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision HM Act Sec 14 - No Petition For Divorce Within One Year Sushil Daddimani and Anr Vs Nil | Leave a comment

Rajesh and Anr Vs Station House Officer and Ors on 05 Dec 2022

Posted on April 21, 2024 by ShadesOfKnife

A single judge of Kerala High Court held that, ‘the existence of a domestic relationship between the complainant and the respondent is the sine qua non for seeking relief under the DV Act‘.

From Para 9,

9. The existence of a domestic relationship between the complainant and the respondent is the sine qua non for seeking relief under the DV Act. The complainant should be a woman who is, or has been, in a domestic relationship with the respondent against whom there is an allegation of domestic violence. No relief under the DV act can be granted unless a domestic relationship between the complainant and the respondent is established. Domestic relationship, as statutorily defined,presupposes that the respondent and the complainant lived or have lived together in a shared household when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. A “shared household” is defined in section 2(s) as a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or with the respondent. The fact, as stated in Ext.P2 application itself, explicitly discloses that the petitioners are not related either with the 2nd respondent or with her husband by consanguinity, marriage or through a relationship in the nature of marriage or adoption, or not even a member of the joint family of the 2nd respondent’s husband, rather she was an erstwhile employee of the 1st petitioner. As stated already, it is vaguely pleaded in Ext. P2 that the petitioners are the relatives of the husband of the 2nd respondent. But, what exactly is the nature of the relationship has not been stated. At the same time, it is pleaded in paragraph 5 that while the 2nd respondent was working as an employee in the business establishment of the 1st petitioner, they became family friends, and the petitioners used to visit her house and stay there. The definition of ‘domestic relationship’ speaks of living together in a shared household at any point of time. Staying together occasionally by two family friends who are not related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or as members of a joint family is not sufficient to create a domestic
relationship.

From Para 11,

11. Unfortunately, the court below, even without ascertaining whether the basic ingredients to attract the provisions of the DV Act are there in Ext. P2 application, simply issued summons to the respondents therein. It also granted an interim protection order under section 23(2). Many petitions are filed before this court invoking section 482 of Cr.P.C. to quash the proceedings before the Magistrate exercising jurisdiction under the DV Act on the ground that those complaints are not sustainable under the DV Act. It is apparent from those petitions that it has become a common practice to convert some other dispute into a domestic violence complaint and rope in persons who have not been in a domestic relationship with the complainant as respondents in the applications instituted under the DV Act without any bona fides and with oblique motives, on the omnibus and vague allegations. Notice is invariably issued to the respondent in such applications without ascertaining whether the complainant is a woman who is, or has been, in a domestic relationship with the respondent against whom there is an allegation of domestic violence to qualify the status of an ‘aggrieved person’ as defined under section 2(a).

Rajesh and Anr Vs Station House Officer and Ors on 05 Dec 2022

Index of DV cases is here.

Posted in High Court of Kerala Judgment or Order or Notification | Leave a comment

Dipak Nayak Vs State of Assam and Ors on 23 Jun 2023

Posted on April 19, 2024 by ShadesOfKnife

A division bench of Gauhati HC passed practice directions, relying of a decision passed by Delhi HC.

Dipak Nayak Vs State of Assam and Ors 23 Jun 2023

A notification was also issued

2024-03-19 Notification regd Practice Directions for POCSO cases
Posted in High Court of Gauhati Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Dipak Nayak Vs State of Assam and Ors Issued or Recommended Guidelines or Directions or Protocols to be followed | Leave a comment

Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) on 08 Apr 2024

Posted on April 11, 2024 by ShadesOfKnife

A division bench of Apex Court passed these guidelines with respect to condoning the delay in filing appeals…

From Para 26,

26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that:
(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;
(ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;
(iii) The provisions of the Limitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally;
(iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in mind but the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act;
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence;
(vi) Merely some persons obtained relief in similar matter, it does not mean that others are also entitled to the same benefit if the court is not satisfied with the cause shown for the delay in filing the appeal;
(vii) Merits of the case are not required to be considered in condoning the delay; and
(viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision.

Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) on 08 Apr 2024

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Issued or Recommended Guidelines or Directions or Protocols to be followed Limitation Act 1963 Pathapati Subba Reddy (Died) By LRs and Ors Vs Special Deputy Collector (LA) Reportable Judgement or Order | Leave a comment

Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024

Posted on April 10, 2024 by ShadesOfKnife

A single judge of Karnataka High Court held as follows,

From Para 6-10,

6. Upon considering the submissions of the learned counsel for the petitioner/husband, though there is savings of exorbitant quantum of amount made deductible just to negate giving maintenance to the wife and child, what are the compulsorily amounts to be deducted are income tax and professional tax. But considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.
7. While appreciating salary/income of the husband above stated deductions cannot be considered while calculating salary of husband. If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be tendency by the husband to create artificial deductions making an attempt to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance. Therefore, if the Court finds that the deductions are artificial deductions in the manner above discussed, then the Court has to consider the entire evidence on record on all its preponderance of probabilities while awarding quantum of maintenance amount. The deductions as above stated will ultimately enure to the benefit of the husband only. Suppose if the husband raises loan for purchase of site, house or car and the deduction is made from the salary and shown in his salary certificate, ultimately that raising of loan is for the benefit of husband only and just because deductions are made in this regard, it is not the ground to award lesser quantum of maintenance.
8. In the present case, the deductions is more than 50%, hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award of Rs.15,000/- per month to the wife and Rs.10,000/- per month to the child/daughter, which needs no interference by this Court.
9. Therefore, it is proved that the respondents have become destitute at the hands of the petitioner and the petitioner is working as Manager in State Bank of India and receiving a lucrative salary per month and thus upon considering all these facts and circumstances, it is proved that the petitioner is financially capable person to maintain his wife and daughter. Thus, order passed by the Family Court need not be interfered with and as such, the petition is dismissed being devoid of merits with cost of Rs.15,000/- payable to the respondents by the petitioner herein.

Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024

Index of Maintenance cases u/s 125 CrPC are here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Y.G. Rajesh Vs M Ramya and Anr | Leave a comment

Pramod Vs Umesh at Poonam on 01 Mar 2024

Posted on March 28, 2024 by ShadesOfKnife

 

Pramod Vs Umesh at Poonam on 01 Mar 2024

Index of Divorce judgements is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce granted on Cruelty ground Divorce Granted to Husband HM Act 13 - Divorce Granted to Husband Pramod Vs Umesh at Poonam | Leave a comment

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RSS Cloudflare Status

  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    THIS IS A SCHEDULED EVENT Jun 25, 00:00 - 05:00 UTC Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ARN (Stockholm) on 2026-06-24 June 24, 2026
    THIS IS A SCHEDULED EVENT Jun 24, 00:00 - 05:00 UTC Jun 19, 13:08 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-24 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • MSP (Minneapolis) on 2026-06-23 June 23, 2026
    THIS IS A SCHEDULED EVENT Jun 23, 03:00 - 08:00 UTC Jun 18, 18:30 UTC Scheduled - We will be performing scheduled maintenance in MSP (Minneapolis) datacenter on 2026-06-23 between 03:00 and 08:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]

RSS List of Spam Server IPs from Project Honeypot

  • 104.196.49.58 | S June 20, 2026
    Event: Bad Event | Total: 24 | First: 2026-06-20 | Last: 2026-06-20
  • 136.116.87.175 | S June 20, 2026
    Event: Bad Event | Total: 6 | First: 2026-06-20 | Last: 2026-06-20
  • 34.125.248.140 | SD June 20, 2026
    Event: Bad Event | Total: 19 | First: 2026-06-20 | Last: 2026-06-20
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