Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Posted on January 27, 2024 by ShadesOfKnife

A division bench of Delhi High Court held that, repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty, based on Supreme Court decisions.

From Pars 25-31,

25. The repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty by the Supreme court in the case of Pankaj Mahajan Vs. Dimple, (2011) 12 SCC 1. It was further observed that cruelty postulates a treatment of a spouse with such cruelty that it would be harmful or injurious to live with the other spouse. Similarly in Narendra Vs. K. Meena (2016) 9 SCC 455, it was observed that in case the wife succeeds in committing suicide, one can only imagine how the poor husband would get entangled into the clutches of law which would virtually ruin his sanity, peace of mind, career and probably his entire life. Such threat of attempting suicide amounts to cruelty.
26. In the present case as well, the conduct of the appellant is clearly is an act of cruelty towards the respondent/husband.
27. We may note further that on leaving the matrimonial home on 15.12.2009, the appellant lodged a complaint with Crime against Women Cell, which became the basis of registration of FIR No. 508/2012 under Section 498A/406/34 IPC. The respondent was once again driven to take anticipatory bail. The appellant even made a claim of Rs.5 lakhs to settle all the disputes, but the respondent was not in a position to offer more than Rs.3 lakhs because of which the matter could not be settled.
28. Even thereafter another case under the Protection of Women Against Domestic Violence Act was filed in the year 2018 despite the separation of more than nine years. The appellant, no doubt has a legal right to take recourse for the wrong that may have been committed but making unsubstantiated allegations of having been subjected to dowry demands or acts of cruelty by the respondent or his family members, and getting criminal trials initiated against the respondent are clearly acts of cruelty.
29. In the case of K. Srinivas Vs. K. Sunita (2013) 5 SCC 226, the Hon’ble Supreme Court held that filing of false complaints against the husband and his family members constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act. It was further observed that filing appeals questioning the acquittal of the husband indicates the relentless attempts of the wife to somehow ensure that the husband and his family are put in jail. Such acts, without a doubt, amount to cruelty.
30. The Supreme Court in Mangayakarasi v. M. Yuvaraj (2020) 3 SCC 786, observed that an unsubstantiated allegation of dowry demand or such other allegations made against the husband and his family members exposed them to criminal litigation. Ultimately, if it is found that such allegations were unwarranted and without basis, the husband can allege that mental cruelty has been inflicted on him and claim a divorce on such a ground.
31. We note that during the two years of their matrimonial life, the parties barely resided together for ten months in all and even during that time there were various acts of the cruelty of being subjected to false complaints and civil as well as criminal litigation, committed by the appellant towards the respondent. We therefore, conclude that the learned Addl. Principal Judge, Family Court has rightly held that the respondent was subjected to cruelty by the appellant and granted divorce under Section 13 (1)(ia) of the HMA.

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Index of Divorce Judgments is here.

NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022

Posted on January 20, 2024 by ShadesOfKnife

A division bench of Apex Court said that wife’s convenience which must be looked at while considering transfer.

From Paras 8-11,

8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.
9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s
convenience which must be looked at while considering transfer.
10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.
11. As noticed above, the appellant is a young lady aged about 21 years, staying alone along with her aged parents. Under the above circumstances, it is difficult for her to travel all the way from Chennai to Vellore to attend the court proceedings of the case filed by the respondent seeking annulment of marriage. Further, it is also just and proper to club all the three cases together to avoid multiplicity of the proceedings and conflict of decisions. Therefore, the High Court was not justified in rejecting transfer petition bearing TR.C.M.P.No.473 of 2020, filed by the appellant herein.
12. Resultantly, the appeal succeeds and is accordingly allowed. The Order dated 19.11.2020 passed by the High Court in TR.C.M.P. NO.473 of 2020 is set aside. We direct transfer of F.C.O.P. No.125 of 2020 pending consideration before the Family Court, Vellore to the jurisdictional Family Court at Chennai. We also direct the clubbing of the aforementioned three cases so that a common order may be passed by the concerned Family Court at Chennai.

NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022

Citations:

Other Sources:

Index of Transfer Judgments is here.

E.Thilagavathy Vs M.Punniyamoorthi on 22 Dec 2023

Posted on January 19, 2024 by ShadesOfKnife

A Division bench at Madurai of Madras High Court held as follows

From Para 17,

17. Whether the wife has committed cruelty by levelling such allegation is the point for consideration. The wife is always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband. It is the specific plea of the wife as well as in her evidence that they have not even availed the facilities offered by the Southern Railway for the last 15 years. The husband has not even included the name of the wife and children in the Service Register so as to enjoy certain facilities offered by the railways to the staff of the family. This attitude of the husband assumes significance inasmuch as he never intended to lead a peaceful/joint life with the wife and children by taking care of them as a dutyful husband. In the absence of any specific plea regarding alleged desertion and in the absence of the proof with regard to desertion for continuous period of two years by the wife, without reasonable cause, the trial Court has gone and discussed in detail and treated the same as cruelty. None of the allegation that was averred by the husband as cruelty and nor proved in the manner known to law. On the contrary, the wife has clearly demonstrated before this Court through her pleadings and her evidence and by way of suggestion during the cross-examination of P.W.1-husband that the husband has not discharged his duties and he is the one, who has not come to the matrimonial home, even when the wife is willing to lead a peaceful life and therefore, we find that she has demonstrated the cruelty at the hands of the husband to the effect that he is not interested to live with the wife and children by not giving any financial assistance and has not included the wife and children in the service register in the railways so as to enjoy the facilities as a family member. These admitted facts would go to show that it is the husband, who has committed cruelty and therefore, the wife was forced to live in the house of her father. The reason assigned by the wife is found to be reasonable and acceptable.

E.Thilagavathy Vs M.Punniyamoorthi on 22 Dec 2023

Divorce judgments here.

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Posted on January 19, 2024 by ShadesOfKnife

A single bench of Delhi High Court held as follows, wrt usage of section 91 Cr.P.C.

From Para 14,

14. The Division Bench of Hon‟ble High Court of Madhya Pradesh in case of Special Police Establishment v. Umesh Tiwari 2022 SCC OnLine MP 100 had enlisted the ingredients of Section 91 of Cr.P.C., and had also observed that the right to invoke Section 91 is not limited only to the Court and Police, but also to the victim, accused and/or any other stakeholder. The relevant observations are reproduced hereunder for reference:
“4.3 Language employed in Section 91 reveals following foundational ingredients and characteristics:-
(i) Section 91 is meant to be invoked for producing documents/other things by way of summon.
(ii) Section 91 can be invoked at any stage of investigation, inquiry, trial or even other proceedings under the Cr.P.C.
(iii) Section 91 does not expressly provide as to who can invoke this provision.
(iv) However, the language of Section 91 implies that it can be invoked by the Court or the Officer in-charge of the Police Station concerned.
(v) And this invocation can be done when the Court or the Police is of the view that production is necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under Cr.P.C.
(vi) The satisfaction regarding necessity or desirability of the Court or the Police is sine qua non for invoking this provision.
(vii) The production of document or other thing is to be made before the Court if directed by the Court or before the officer if directed by Police Officer. ***
4.5 From the aforesaid analysis, it is vivid that it would not be proper to restrict the right to invoke Section 91 to only the Court and the Police Officer. The window of Section 91 will have to remain open for all the stakeholders in an investigation, inquiry, trial and other proceedings, be it the victim, accused, police, Court or any other stakeholders involved.

From Para 15,

15. The Hon’ble Apex Court in case of Debendra Nath Padhi (supra), while examining the issue of when an accused would be entitled to file an application under Section 91 of Cr.P.C., had discussed the concept of “necessity‟ and “desirability‟ of production of a document or any other thing. The relevant observations of the Hon’ble Apex Court read as under:
“25. Any document or other thing envisaged under the aforesaid provision can be ordered to be produced on finding that the same is “necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under the Code”.
The first and foremost requirement of the section is about the document being necessary or desirable. The necessity or desirability would have to be seen with reference to the stage when a prayer is made for the production. If any document is necessary or desirable for the defence of the accused, the question of invoking Section 91 at the initial stage of framing of a charge would not arise since defence of the accused is not relevant at that stage. When the section refers to investigation, inquiry, trial or other proceedings, it is to be borne in mind that under the section a police officer may move the court for summoning and production of a document as may be necessary at any of the stages mentioned in the section. Insofar as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document being necessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning and production is made and the party who makes it, whether police or accused…”

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Amit Kumar Vs Suman Beniwal on 11 Dec 2021

Posted on January 17, 2024 by ShadesOfKnife

In addition to the guidelines issue in Amardeep Singh Vs Harveen Kaur here, Additional guidelines/factors were issued in this case.

From Para 27,

27. For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B (2) of the Hindu Marriage Act, the Court would consider the following amongst other factors:
(i) the length of time for which the parties had been married;
(ii) how long the parties had stayed together as husband and wife;
(iii) the length of time the parties had been staying apart;
(iv) the length of time for which the litigation had been pending;
(v) whether there were any other proceedings between the parties;
(vi) whether there was any possibility of reconciliation;
(vii) whether there were any children born out of the wedlock;
(viii) whether the parties had freely, of their own accord, without any coercion or pressure, arrived at a genuine settlement which took care of alimony, if any, maintenance and custody of children, etc.

Amit Kumar Vs Suman Beniwal on 11 Dec 2021

Index of Divorce cases is here.

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023

Posted on January 16, 2024 by ShadesOfKnife

A single bench of Kerala High Court held that, perjury application cannot be filed u/s 200 Cr.P.C. but has to be initiated u/s 340(1) Cr.P.C.

From Para 7,

7. Here is a case where the respondent No.1 instead of approaching the court concerned (Family Court) where false evidence was given, straightaway approached the Magistrate Court with a private complaint under Section 200 of Cr.P.C. It is impermissible. A party who is aggrieved by the inaction on the part of the court, where offences enumerated in Clause (b) of Sub Section (1) of Section 195 Cr.P.C. was committed, in initiating action under Section 340 of Cr.P.C., can only move to such court with an application under Section 340(1). He cannot directly move the jurisdictional Magistrate Court with a private complaint under Section 200 of Cr.P.C. [See K.A.Kuttiah v. The Federal Bank Ltd. and Others (2006 KHC 715) and Shaji Thomas v. State of Kerala and Another (2014 KHC 2532)]. Hence, the court below was not justified in taking cognizance of the offences under Sections 196, 199, 200 and 209 of IPC based on Annexure 1 complaint. Thus, Annexure 2 order is not legally sustainable, and it is accordingly set aside. However, the respondent No.1 will be at liberty to file an application under Section 340(1) of Cr.P.C at the Family Court. If such an application is filed, the Family Court shall dispose of the same in accordance with law.

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023

Citations:

Other Sources:

Index of Perjury judgments is here.

Ankita Shah Makheja and Anr Vs CP of Nagpur and Ors on 30 May 2023

Posted on January 15, 2024 by ShadesOfKnife

Maharashtra State Human Rights Commission imposed 2.5 Lakh fine upon 4 police officials, for abusing, harassing an Advocate and her husband in Nagpur.

Ankita Shah Makheja and Anr Vs CP of Nagpur and Ors on 30 May 2023_compressed

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Posted on December 26, 2023 by ShadesOfKnife

A single bench judge of Delhi High Court held as follows while disposing a Regular Bail petition,

From Paras 8 to 13,

8. In the present case, this Court is of the opinion that a perusal of the statement of the victim, under Section 164 of Cr.P.C., reveals that the accused herein had introduced himself, to the complainant/mother and the victim, as a munshi of a Judge of the High Court of Delhi; and that he could get their work done i.e. get them compensation by asking the Judge with whom he was attached. Thereafter, he had insisted on procuring the nude videos of the victim, on the pretext of showing them to the Judge Sahab. victim in her statement recorded under Section 164 of Cr.P.C. The victim had also disclosed that the applicant had made her talk to ‘Judge Sahab’ on a conference call after which the applicant had asked the victim to prepare two nude videos of 15 minutes each and had also told her how to prepare such videos. Later on, he had started blackmailing the complainant and had demanded Rs. 25,000/-, for deleting the videos. He had also threatened them, that in case he will not be paid money, he will post the said videos on social media, and send these to High Court and Supreme Court. He had kept on continuously sending the videos and photographs to the family members of the victim, and had also threatened them with dire consequences.
9. A perusal of the FSL report reveals that though the mobile phone which was used for the commission of offence had been formatted, the phone had been sent for cyber forensic analysis and the Cyber Forensic Division of Forensic Science Laboratory, Delhi has given a finding that obscene images and video files were retrieved from the mobile phone in question belonging to the present accused. Thus, thanks to the advanced technology, that the investigation revealed the prima facie truth of statement of the victim. The detailed forensic report is not being reproduced or discussed in the present order, lest it affects the trial of the case, at a later stage.
10. Moreover, in the facts and circumstances of the case, it is unlikely that the mother of the victim would herself prepare the nude photographs of her daughter. Further, in light of the specific allegation that the accused herein had misrepresented to the victim that he was making her speak to a High Court Judge, and that he was working with a High Court Judge, who will ensure that compensation is granted in a pending case before a District Court when the videos will be sent to the Judge, are in themselves grave and serious allegations, which undoubtedly bring the judicial system into disrepute. It also reflects how unassuming or illiterate persons are allured in the name of the Judges for blackmailing and for commission of offences, as the present one.
11. This Court also notes that in case the present case was not registered or the truth was not brought out through police investigation and FSL report, the accused herein would have succeeded in giving an impression that the judicial system was indulging in such abhorring acts. The judicial system or the name of any judge or judicial officer used by unscrupulous persons brings disrepute to the system which cannot be allowed at any cost. This case and order would also serve as a reminder that general public should not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment. Such persons and such acts are a threat to the judicial system which shake the faith of the community in the judicial system. The justice delivery system has to be stubbornly safeguarded from such acts and persons.
12. Considering the overall facts and circumstances of the case, the conduct of the accused, and the fact that charges are yet to be framed and the victim is yet to be examined, no ground for grant of bail is made out at this stage.
13. Accordingly, the present bail application is dismissed.

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Citations:

Other Sources:

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Posted on December 25, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Para 50,

50. Hence, it is no more res integra that such reckless, defamatory, humiliating and unsubstantiated allegations by one spouse, which has the impact of publically tarnishing the image of the other spouse, is nothing but acts of extreme cruelty. In the present case as well, the appellant always had doubts on the fidelity of her husband which necessarily led to harassment resulting in mental cruelty to the respondent/husband. The strongest pillars on which any marriage stands is trust, faith and respect, and thus, no person can reasonably be expected to put with such disrespectful conduct of their “significant other” who lacks faith in her partner. Any spouse not only expects their partner to respect them but also envisions that in times of need, the spouse would act as a shield to protect their image and reputation. Unfortunately, here is a case where the husband himself is being publically harassed, humiliated and verbally-attacked by his wife, who had gone to the extent of levelling allegation of infidelity during his office meetings in front of all his office staff/guests. She even took to harassing the woman workers of his office and left no stone unturned to portray him as a womanizer in the office. This behaviour is but an act of extreme cruelty to the respondent/husband.

From Paras 56 and 57,

56. The other act of cruelty relied upon by the respondent was that the appellant/wife used to allege that the respondent/husband was impotent. She compelled him to go for Doppler‟s Impotency Test in which he was found to be fit. Such allegations caused mental cruelty to the respondent.
57. This version has been explained by the appellant who asserted that the respondent/husband suffered losses in his business on account of change of Government policies in regard to the business with European countries because of which he went into depression and took to smoking and drinking. She, out of concern for his health, insisted on his visiting the Doctor. She denied that she got the Impotency Test conducted of the respondent/ husband. The appellant while fanning ignorance about the test being conducted, herself gave the explanation that the respondent had visited the Doctor to address his problem of not being able to perform sexually when under intoxication and irritated and frustrated. The admissions of the appellant establish that the respondent was made to undergo the Impotency Test in which he was found to be fit. Clearly, such averments and allegations about the manhood of a person would not only be depressive but also mentally traumatic for any person to accept.

From Para 58,

58. The appellant had made serious allegations of respondent being abusive, quarrelsome and erratic in his behaviour. However, in her cross-examination she admitted that the respondent used to provide everything to her and the child and that he never made any dowry demands. The allegations of dowry demands by the respondent and his family members clearly get demolished by her own admissions. Learned Addl. Principal Judge has rightly concluded that levelling of such allegations of dowry demands would certainly cause mental cruelty to the respondent and his family members.

From Para 60,

60. In the case of Prabin Gopal v. Meghna, 2021 SCC OnLine Ker 2193 in a similar situation, the Kerala High Court observed that the mother had intentionally distanced the child from the father and had deprived the child from the parental love and affection. It was a case of parental alienation where the child, who was in the custody of one parent, had been psychologically manipulated against the estranged parent. It was a strategy whereby one parent intentionally displayed to the child unjustified negativity aimed at the other parent, with the intent to damage the relationship between the child and the estranged parent and to turn the child emotionally against the parent. It was further observed that the child has a right to love and affection of both the parents and likewise, the parents also have a right to receive love and affection of the child. Any act of any parent calculated to deny such affection to the other parent, amounts to alienating the child which amounts to mental cruelty. Since the child was in the custody of the mother, it was held that the mother had breached her duty which she owed as a custodian parent to instil love, affection and feelings in the child for the father. Nothing more can be more painful than experiencing one’s own flesh and blood i.e., the child, rejecting him or her. Such wilful alienation of the child by a parent amounts to mental cruelty to the other parent.

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Citations:

Other Sources:

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Posted on December 23, 2023 by ShadesOfKnife

Following his own decision here, Justice S.R.K. Prasad of AP High Court, held as follows,

From Para 4,

4. Adverting to the same, I have perused the record.
The contention of the revision petitioners that the revision petitioners presented the written arguments, appears to be correct. The Rent Control Appellate Court has failed to consider the written arguments presented on behalf of landlords before the Court. This Court has observed at Paragraph 6 in the decision referred above which is as follows:
“I have perused the written arguments. None of the contentions raised in the written arguments are considered. In fact, the decisions of the Supreme Court, this Court and Patna High Court have been cited in the written arguments. The same does not find place in the judgment of the Appellate Tribunal. The lower Appellate Court shall keep in mind that written arguments are submitted not for fancy sake. It is a right conferred by the statue to a party to submit the written arguments which are meant for consideration and adjudication. No Court shall ignore the written arguments and refuse to consider the same. If it were to do so, they are liable for action by the Superior Courts. This is nothing short of judicial dishonesty. A Judge is not supposed to exhibit such dishonesty. A Judge is supposed to exhibit extreme patience and give long rope and hear arguments and then pronounce his
decision after adjudicating the matter. I find that this is a classic case where the Judge refused to consider the written arguments. He has not considered the decisions cited before him. In such cases, the judgment should not be upheld. It deserves to be set aside since no party can be allowed to leave the Court with dissatisfaction for non-consideration of his arguments. If such things were to happen, the litigant public certainly loses confidence in the judicial systems. I am of the considered view that the Appellate Court”s judgment shall not stand for judicial scrutiny before this Court for the learned Judge”s failure to consider the written arguments and adjudicate the matter in the light of the written arguments which lead to miscarriage of justice.”
The written arguments were not considered. One should remember that the Courts existed for rendering justice in accordance with law, but not in accordance whims and fancies. In case the material placed by the Counsel, is ignored, the litigant public who approaches the Courts with fond hope of getting justice, will lose confidence in the judicial system. Judges must keep in kind that it is their duty to go through the written arguments, advert to them and refer them in the course of the judgment by giving answers. In the present case, the written arguments are not adverted to. When the Judge does not mind through the written arguments and advert to the same in the judgment, it cannot be said that fair hearing has been given by the Judge. In such cases, the revisional authority has to correct the mistake committed by the Appellate Authority and the things have to be put in order. Two options are open for this Court viz., (1) the revisional Court has to take the burden of rehearing the entire matter and arrive at the conclusion and render the justice (2) the revisional Court has to send back the matter to the Appellate Judge for reconsideration.

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004

Citations:

Other Sources:

https://indiankanoon.org/doc/1249841/

https://www.casemine.com/judgement/in/5608f84de4b0149711141f93

https://www.courtkutchehry.com/Judgement/Search/t/930117-kamisetty-pedda-venkata-subbamma-and?s=Kamisetty%20Pedda%20Venkata%20Subbamma&refine_search=&s_acts=

Shades of Knife

True Colors of a Vile Wife

Author: ShadesOfKnife

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022

E.Thilagavathy Vs M.Punniyamoorthi on 22 Dec 2023

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023

Ankita Shah Makheja and Anr Vs CP of Nagpur and Ors on 30 May 2023

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Kamisetty Pedda Venkata Subbamma and Anr Vs Chinna Kummagandla Venkataiah on 21 Dec 2004