A division bench of Delhi High Court held as follows,
From Para 57,
57. Each and every individual is entitled to basic resources like food, shelter, clothing, education, medical expenses and other necessities required to live a dignified life. Morally and legally, it the obligation of both the parents to provide these amenities, according to the status of life being led by them, to their children by way of maintenance.
Index of Maintenance Orders under HMA here.
A division bench of Delhi High Court caught a liar in a HMA 24 proceeding.
From Para 6,
6. It is not in dispute that the appellant was M. Phil at the time of her marriage and was pursuing Ph.D which she has completed and is now having the qualification of Ph.D (Management) with professional qualification in Computers. While on the other hand the respondent is a simple graduate. It is also not denied that appellant was working at the time of her marriage at a Diamond Jewellery Showroom and was getting Rs.12,000/- per month. She had left her job since she was unable to attend her office since 22.05.2015.
7. From the submissions it is evident that not only is the appellant highly qualified but had been working even at the time of her marriage.
From Para 8,
8. The second aspect of significance is that the respondent had claimed that the appellant is working in the office of M.P. Udit Raj in Connaught Place and her claim that she is unemployed, is incorrect. In support of his assertions he had relied upon a CD showing the appellant working in the office of Mr. Udit Raj and also marking her attendance in the Register. The appellant who had initially taken a stand that she was not working, when confronted with this CD, gave an explanation that she has a friend working in the office of Mr. Udit Raj and at times when she goes to visit her friend, she also looks after the office work.
Citations: [2023 SCC OnLine Del. 5624]
Other Sources:
https://indiankanoon.org/doc/116590874/
https://www.casemine.com/judgement/in/650084c876bd087c6be01592
https://www.courtkutchehry.com/Judgement/Search/t/5125330-niharika-ghosh-niharika-kundu
Index of Maintenance Orders under HMA here.
A single judge bench at Himachal Pradesh High Court held that when no prima facie DV is established, no relief will flow, even to children/other respondents.
From Para 3,
3. Learned trial Court taking note of such factual details in the application has disposed of the same with a direction to the respondent-husband to pay `30,000/- per month by way of interim maintenance allowance to the petitioner and her children, however, without recording any prima-facie finding qua the alleged instances of her maltreatment and her children by the respondent and his mother. Therefore, the appeal preferred by the respondent-husband has been allowed by learned Sessions Judge vide order under challenge in this petition with the observation that in a case of domestic violence in order to seek the relief of interim maintenance under Section 23 of the Act, a prima-facie case qua maltreatment and existence of the instances of domestic violence is required to be made out. Learned Appellate Court thereby has not closed the right of the petitioner to claim interim maintenance for herself and also the children and rather remanded the application to learned trial Court for disposal after arriving at a conclusion and recording findings qua the instances of domestic violence, which of course shall be prima facie.
4. The impugned judgment, as such, cannot be said to be legally and factually unsustainable. The same is upheld, however, there shall be a direction to learned trial Court to decide the application at the earliest, preferably within two months from today.
Index of Domestic Violence cases here.
Citations:
Other Sources:
https://indiankanoon.org/doc/19292/
A division bench of Supreme Court held as follows,
On behalf of the petitioner, it has been urged that the provision of Order V Rule 2 of the Code of Civil Procedure requires service of summons with
plaint.
We accept the petitioner’s argument on the legal proposition that service contemplated in terms of Order V Rule 2 of the Code would imply service of summons along with the copy of the plaint.
A division bench of Delhi High Court granted divorce to a couple who are separated for over 17 years…
From Para 17,
17. The divorce has been sought on the ground of cruelty. While “physical cruelty” is visible and easy to comprehend and determine, the more challenging aspect is “mental agony” which has been recognized as part of “cruelty” which once established, is a valid ground of divorce. The contours of “mental cruelty” were defined in case of V. Bhagat v. D. Bhagat (1994) 1 SCC 337, wherein the Hon’ble Supreme Court held that mental cruelty in Section 13(1)(ia) of the Act, 1956 can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put-up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the party.What is cruelty in one case may not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case.
From Paras 22 and 23,
22. During the trial, the allegations had not been established as held by the Order of Ld. Mahila Court, South District and amounts to a clear and categorical character assassination of the appellant as well as his family members.
23. It is not under challenge that the criminal proceedings under Section 107/151 Cr.P.C. were initiated against the parties. A Police Station is not the best of places for anyone to visit. It is a source of mental harassment and trauma each time he was required to visit the Police Station, like the “Damocles Sword” hanging over his head, not knowing when a case would be registered against him and he would be arrested. The respondent had done everything to get the appellant and his family entrapped in the criminal case. Such conduct of making false allegations and constant threat of being summoned to Police Station are the acts which severely impact the mental balance and all the acts of cruelty.
From Para 27,
27. A law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the “Fault theory”, guilt has to be proved; divorce courts are presented with concrete instances of human behaviour as they bring the institution of marriage into disrepute. We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period continuous separation, it may be fairly surmised 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. The Family Court ought to have visualised that preservation of such a marriage is totally unworkable which has ceased to be effective and would be a greater source of misery for the parties. The Family Court ought to have considered that a human problem can be properly resolved by adopting a human approach. In the instant case, not to grant a decree of divorce would be disastrous for the parties. Otherwise, there may be a ray of hope for the parties that after a passage of time (after obtaining a decree of divorce) the parties may psychologically and emotionally settle down and start a new chapter in life.
Citations: [2023 SCC ONLINE DEL 5122]
Other Sources:
https://indiankanoon.org/doc/186009176/
https://www.casemine.com/judgement/in/64e4d541d2752322a69ddb3d
https://www.verdictum.in/court-updates/high-courts/constant-threat-of-arrest-and-wifes-false-allegations-has-become-source-of-mental-cruelty-delhi-hc-grants-divorce-to-aggrieved-husband-1491232
Index of Divorce Judgments here.
List of judgments pertaining to Transfer of matrimonial cases.
Supreme Court of India:
Andhra Pradesh High Court:
Bombay High Court:
Karnataka High Court:
The MASTER INDEX is here.
After some ground work (Representation to Registrar and RTIs to Home Department), got the PIL filed into AP High Court.
Here is the copy of WP(PIL) No. 142 of 2023 petition…
It was listed on 21/09/2022 and miraculously, I got to speak nothing but still I am happy because…
CJ to GP for Home: What is the difficulty in issuing the gazette notification for so long?
GP for Home: I need time to seek instruction.
CJ to GP for Home: Granting 2 weeks time. Listed for 04/10/2023
After around 2 more weeks from previous date of listing… today (18/10/2023) I appeared before Court-1 since it was miraculously listed. I learnt later that, Wednesdays are for PILs.
Waited until 3.15PM but my case did not come up for hearing.
By the time I reached home, I was in for a pleasant surprise. The following Circular was issued on same date, for usage of A4 size paper (both sides printing) in all District Courts and Forums, but this is effective from 20-12-2023 (don’t know why, because TS HC passed similar circular with immediate effect!).
The index is here.
A single judge bench of J&K&L High Court held as follows, while declaring two judgments as per incuriam, relying on multiple Supreme Court decisions as Precedents.
From Paras 13-15,
13) It is a settled principle of interpretation of Statutes that words and expressions used in a Statute have to be assigned their plain meaning. A court does not have power to add or subtract something from a Statute which is not there. If a court finds some ambiguity in a Statute which becomes an impediment in achieving the aim and object of the Statute, the court can give a purposive interpretation to the Statute but where the language of the Statute is clear and unambiguous, it is not open to the Court to add, alter or supply words to the said Statute and no need of interpretation would arise. The purpose of interpretation of Statutes is to help the Judge to ascertain the intention of the Legislature and not to control that intention or to confine it within the limits, which the Judge may deem reasonable or expedient.
14) The Constitution Bench of the Supreme Court has, in the case of A. R. Antulay vs. R. S. Nayak, (1988) 2 SCC 602, held that if the words of the Statute are clear and unambiguous, it is the plainest duty of the Court to give effect to the natural meaning of the words used in the provision. The Court observed that the question of interpretation arises only in the event of an ambiguity or if the plain meaning of the words used in the Statute would be self defeating.
15) Again, the Supreme in the case of Grasim Industries Ltd. vs. Collector of Customs, Bombay, (2002) 4 SCC 297, has followed the same principle and observed that where the words are clear and there is no obscurity or ambiguity, the intention of the legislature is to be gathered from the language used. The Court further observed that while doing so, what has been said in the statute as also what has not been said has to be noted. The construction which requires for its support addition or substitution of words or which results in rejection of words has to be avoided.
From Paras 22 and 24,
22) In a recent case of Abhilasha vs. Parkash & ors. (Criminal Appeal No.615 of 2020 decided on 15th September, 2020), a three Judge Bench of the Supreme Court considered the question as to whether a Hindu unmarried daughter is entitled to claim maintenance from her father under Section 125 of the Cr. P. C only till she attains majority or she can claim maintenance till she remains unmarried. The Court observed that a bare perusal of Section 125(1) of the Cr. P. C indicates that it limits the claim of maintenance of a child until he or she attains majority.
24) From the foregoing analysis of the law on the subject, it is clear that the Supreme Court has taken a consistent view that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of the Central Cr. P. C/488 of the Jammu and Kashmir Cr. P. C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the provisions contained in Section 125 of the Cr. P. C and Section 20(3) of the Hindu Adoption and Maintenance Act.
Finally,
27) For what has been discussed hereinbefore, the petition is allowed and the impugned order passed by the trial Magistrate as upheld by the Revisional Court is set aside and it is held that the respondents are entitled to maintenance from their father i.e., the petitioner herein, only up to the age of their majority. If any amount of maintenance has been paid by the petitioner to the respondents after the attainment of their age of majority, the same, having regard to the relationship between the parties, shall not be recovered from them. The amount deposited in the Registry pursuant to the order dated 11.09.2019, shall be released in favour of the petitioner. The petition stands disposed of accordingly.
Maintenance cases index here.
A single judge from Nagpur bench of Bombay High Court held as follows,
From Para 9,
9. In order to appreciate the rival submissions, I have gone through the record and proceedings. I have also gone through the judgments relied upon by both the parties. It is true that as per Section 1 of the D.V. Act, the D.V. Act extends to the whole of India except the State of Jammu and Kashmir. It does not extend beyond the limits of India. The question therefore, is whether for the domestic violence caused to the aggrieved person on the foreign soil can be taken cognizance of by the Court of Magistrate in India at any of the places provided in clause (a) to (c) of Section 27. It is to be noted that subsection 1 and Section 27 of the D.V. Act will have to be harmoniously construed. The D.V. Act is a social beneficial legislation. The object and intention of the legislature behind this enactment is writ large from the statement of the object and reasons of the Act. Section 27 of the Act provides for the jurisdiction of a Court of Magistrate of First Class or Metropolitan Magistrate to entertain the application under this Act. The provisions of Section 27(1) (a) and (b) are applicable irrespective of the place of cause of action. It is to be noted that clause (a) and (b) of Section 27 (1) of the D.V. Act has, therefore, no direct nexus or co-relation with the place where the domestic violence was actually caused. In my view, these two clauses namely (a) and (b) of sub section (1) of Section 27 have to be harmoniously construed with sub section 1 of Section 27 of the Act. If it is so done then it would show that the law makers were mindful of such a situation and therefore, Section 27 have been worded in this form. It therefore goes without saying that though the Domestic Violence Act extend to the whole of India as provided under Section 1 of the D.V. Act, the domestic violence caused on the foreign soil could also be taken cognizance by invoking Section 27 (1) (a) and (b).
From Para 13, (Dumb interpretation)
13. The Hon’ble Apex Court has observed that sufferings of the wife at parental home though may not be directly attributable to commission of acts of cruelty by the husband at matrimonial home but the same would undoubtedly be the consequences of the acts committed at the matrimonial home. It is observed that such consequences, by itself, would amount to distinct offences committed at parental home where she has taken shelter. It is further observed that adverse effects on the mental health in the parental home though on account of acts committed in the matrimonial home would amount to commission of cruelty.
Not sure, which of the 6 reliefs, if/when passed by Magistrate Courts in India, will be executed outside India and how?
Index of DV Judgments is here.
Bad Behavior has blocked 310 access attempts in the last 7 days.
