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True Colors of a Vile Wife

Author: ShadesOfKnife

Sujit Kumar Vs Vandana on 08 Aug 2016

Posted on January 19, 2021 by ShadesOfKnife

Delhi High Court said the follow about HMA 24…

11. The object behind Section 24 of the Hindu Marriage Act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.
12. A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equi-status and respect that the spouse would have enjoyed if he/she continued to live with other spouse.
13. The provisions of Section 24 are beneficent in nature and the power is exercised by the Court not only out of compassion but also by way of judicial duty so that the indigent spouse may not suffer at the instance of the affluent spouse. The legislature, in its discretion, has not fixed any guideline regarding ceiling limit of maintenance, pendente-lite, as in the case of Divorce Act or Parsi Marriage Act. The word ‘support’ in Section 24 is not to be narrowly interpreted. It does not mean bare existence. It means that the claimant spouse should have the same comfort as the other. Of course, the Section is not intended to bring about arithmetical equality between the two.
14. The Court while considering the merits of an application for grant of an interim maintenance under Section 24 has to necessarily arrive at prima-facie determination about the earning capacity of the rival claimants. The determination cannot be made with exactitude; it is essentially interim in nature. The Court is called upon to make a summary consideration of amount which the applicant is to be awarded by way of maintenance pendente-lite and litigation expenses in accordance with the financial resources of the parties. Capacity of the other party to earn cannot be taken into consideration – it is only the actual earning of the opposite party on the basis of which relief can be granted. Permanent income and not casual income is relevant. For example if a husband brings on record that the non-applicant wife earns some amount by taking coaching classes for children, this cannot be termed as her permanent income or that the wife has independent permanent source of income. The proceedings being summary, the matter has to be decided on the basis of pleadings supported by affidavits and the documents that may be filed by the parties in support of their case.
15. Where there was sufficient means in the family of the husband on the strength of which the husband got married he has to share the burden to support his wife during the course of annulment of such marriage.

Sujit Kumar Vs Vandana on 08 Aug 2016

Citations : [2016 SCC ONLINE DEL 4397]

Other Sources :

https://indiankanoon.org/doc/182704867/

https://www.casemine.com/judgement/in/581180f42713e179479e391b

https://indiajusticefoundation.org/sujit-kumar-vs-vandana-delhi-high-court-08-08-2016/

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act Sec 24 - Interim Maintenance Granted Sujit Kumar Vs Vandana | Leave a comment

Gaytri Bajaj Vs Jiten Bhalla on 5 Oct 2012

Posted on January 18, 2021 by ShadesOfKnife

After Delhi High Court denied to set aside the MCD granted by ADJ Court in 2008, the knife tried to grab the children’s custody. Supreme Court had to take the feedback of minor girl children and deny the same to the Petitioner-mother (no more why due to MCD attaining finality, long back)

Gaytri Bajaj Vs Jiten Bhalla on 5 Oct 2012

Citations : [2012 SCC 12 471], [2012 DMC SC 1 19], [2012 AIR SC 6102], [2012 SLT 8 6], [2012 ALLMR SC 6 438], [2012 CCC SC 4 663], [2013 AIR SC 102], [2012 SCALE 10 55], [2012 AIOL 448], [2013 SCC CIV 2 425], [2012 SCC ONLINE SC 833], [2012 AIC 119 55], [2012 ALR 95 597], [2012 KLJ 4 323], [2013 LW 1 886], [2013 CHN 1 9], [2012 RCR CIVIL 4 603], [2013 CDR SC 2 348], [2012 PLJR 4 246], [2012 MLJ 7 887], [2013 OLR SC 1 50], [2012 AWC SC 6 6396], [2013 CLT SC 115 509], [2012 ALT SC 6 58], [2012 SCR 8 1142], [2012 JT SC 10 139], [2012 AIR SCW 6102], [2013 ALD SC 1 127], [2013 SCR 1 116]

Other Sources :

https://indiankanoon.org/doc/119141271/

https://www.casemine.com/judgement/in/5609af16e4b01497114158f0

https://www.indianemployees.com/judgments/details/gayatri-bajaj-versus-jiten-bhalla

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Child Custody Given to Father Gaytri Bajaj Vs Jiten Bhalla | Leave a comment

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Posted on January 18, 2021 by ShadesOfKnife

Delhi High Court passed this Judgment, critiquing the conduct of a ADJ in a matrimonial case…

124. Here in the present case, the Addl.District Judge without recording the evidence and without going into the allegations and counter allegations made by both the parties, has disposed of this application, which is unwarranted, since all the allegations and counter allegations made in the present proceedings require evidence.
125. Now, the question which arises for consideration as to whether present appeal under Section 28 of Act is maintainable or not. Even assuming for arguments sake that appeal is not maintainable, but revision does lie and this appeal can be treated as revision.
126. When admittedly, civil suit was pending, then there was no occasion for Addl.District Judge to have admitted application under Section 151 CPC for consideration and as such, the order of Addl.District Judge in entertaining application under Section 151 CPC, was patently without jurisdiction.
127. Lastly, the Addl. District Judge has made certain observations about the health of the his predecessor.

128. There was no occasion for Sh.V.K.Khanna, Addl.District Judge, to make such observations.
129. It has nowhere been pleaded by the respondent/applicant in application under Section 151 CPC, that predecessor of Sh.V.K.Khanna, Additional District Judge was not keeping good health or the judgment has not been signed by him.
131. A judicial officer has no authority or jurisdiction to comment upon the functioning and working of judicial officer of same rank, about the competency or physical condition of his successor. 132. Whether an Additional District Judge, who is subordinate to this Court, is competent to discharge his judicial functions or not, that is, for this Court to decide. Sh.V.K.Khanna, Additional District Judge has assumed powers of this Court and has made sarcastic remarks on the functioning, competency and physical condition of his predecessor, Sh.S.C.Mittal, Additional District Judge (since deceased) who was much senior in hierarchy to Sh.V.K.Khanna, Additional District Judge.
133. A judicial officer, has no business or right to compare the signatures of his predecessor on the judicial proceedings which have been made by him in discharge of his judicial functions. More so, when no pleadings whatsoever in respect thereof, have been made by any of the parties. The conduct of Sh.V.K.Khanna, Additional Districut Judge in making the above remarks about the physical conditions and functioning of Sh.S.C.Mittal, Additional District Judge, are highly improper and uncalled for.
137. A copy of this judgment be placed before the Inspecting Judges of Sh.V.K.Khanna, Additional District Judge, for taking appropriate action, against Sh.V.K.Khanna, Additional District Judge for his improper conduct, in making comments against his successor, which are against the judicial ethics and discipline.

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Citations : [2008 AD DEL 9 618], [2008 DRJ 106 651], [2008 DMC 2 503], [2008 SCC ONLINE DEL 1032]

Other Sources :

https://indiankanoon.org/doc/143547006/

https://www.casemine.com/judgement/in/56090c6de4b01497111771c8

https://www.legitquest.com/case/shri-jiten-bhalla-son-of-shri-rk-bhalla-v-ms-gaytri-bajaj-daughter-of-shri-anil/75C31


A challenge to this Order was dismissed at Supreme Court here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Child Custody Given to Father Consent For MCD Disputed HM Act 13(B) - MCD Granted After Settlement HM Act Sec 13 - Divorce Granted to Husband Jiten Bhalla Vs Gaytri Bajaj Judicial Ethics and Conduct of Judicial Officers Judiciary Antics | Leave a comment

Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003

Posted on January 17, 2021 by ShadesOfKnife

Supreme Court talks as follows regarding Mental Cruelty:

The question that requires to be answered first is as to whether the averments, accusations and character assassination of the wife by the appellant husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under Section 13(1) (i-a) of the Act. The position of law in this regard has come to be well settled and declared that leveling disgusting accusations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship is a grave assault on the character, honour, reputation, status as well as the health of the wife. Such aspersions of perfidiousness attributed to the wife, viewed in the context of an educated Indian wife and judged by Indian conditions and standards would amount to worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law, warranting the claim of the wife being allowed. That such allegations made in the written statement or suggested in the course of examination and by way of cross-examination satisfy the requirement of law has also come to be firmly laid down by this Court. On going through the relevant portions of such allegations, we find that no exception could be taken to the findings recorded by the Family Court as well as the High Court. We find that they are of such quality, magnitude and consequence as to cause mental pain, agony and suffering amounting to the reformulated concept of cruelty in matrimonial law causing profound and lasting disruption and driving the wife to feel deeply hurt and reasonably apprehend that it would be dangerous for her to live with a husband who was taunting her like that and rendered the maintenance of matrimonial home impossible.

Precisely,

As to what constitute the required mental cruelty for purposes of the said provision, in our view, will not depend upon the numerical count of such incidents or only on the continuous course of such conduct, but really go by the intensity, gravity and stigmatic impact of it when meted out even once and the deleterious effect of it on the mental attitude, necessary for maintaining a conducive matrimonial home. If the taunts, complaints and reproaches are of ordinary nature only, the Courts perhaps need consider the further question as to whether their continuance or persistence over a period time render, what normally would, otherwise, not be a so serious an act to be so injurious and painful as to make the spouse charged with them genuinely and reasonable conclude that the maintenance of matrimonial home is not possible any longer. A conscious and deliberate statement leveled with pungency and that too placed on record, through the written statement, cannot so lightly be ignored or brushed aside, to be of no consequence merely because it came to be removed from the record only.

 

Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003

Citations : [2003 SCC 6 334], [2003 ALLMR SC 3 777], [2003 AIR SC 2530], [2003 SUPREME 3 416], [2003 AIR SC 2462], [2003 SCALE 4 134], [2004 BOMCR SC 2 384], [2003 ALD SC 3 124], [2003 AWC SC 3 2101], [2003 BLJR 3 1658], [2003 DMC SC 1 685], [2003 JCR SC 3 1], [2003 JT SC 4 85], [2003 LW 4 609], [2003 MLJ SC 3 115], [2003 PLJR 2 200], [2003 SCR 3 607], [2003 UC 2 1211], [2003 UJ 2 947], [2003 AIR SCW 2530]

Other Sources :

https://indiankanoon.org/doc/1228342/

https://www.casemine.com/judgement/in/5609ade1e4b01497114126d8

https://www.indianemployees.com/judgments/details/vijay-kumar-ramachandra-bhate-vs-neela-vijay-kumar-bhate

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Character Assassination in Pleadings or Sworn Statements is Mental Cruelty Divorce Set Aside HM Act - Mental Cruelty Proved Landmark Case Mental Cruelty Reportable Judgement or Order Sandeep Pamarati Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate | Leave a comment

Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978

Posted on January 16, 2021 by ShadesOfKnife

 

Nandini Satpathy Vs PL Dani and Anr on 07 Apr 1978

Citations :

Other Sources:

https://indiankanoon.org/doc/1938988/

https://www.casemine.com/judgement/in/5609abcce4b014971140d5d5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 20(3) - Right to Remain Silent Catena of Landmark Judgments Referred/Cited to CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 161 - Examination of Witnesses By Police Landmark Case Legal Procedure Explained - Interpretation of Statutes Work-In-Progress Article | Leave a comment

Nirmal Singh and Ors Vs Tarsem Singh and Ors on 01 May 2014

Posted on January 16, 2021 by ShadesOfKnife

A single-judge bench of Punjab High Court held as follows:

The High Court should not be stressed-out to deal with such a combined application compressed into one impugned order needlessly to unravel causing sheer wastage of its precious time in trying to separate what was so casually and mindlessly mixed-up in a cocktail by virtue of bad advice given by some trial lawyer to his client clubbing two disparate legal elements in a portmanteau application claiming amendment in pleadings and at the same time, in the same papers, seeking to introduce third parties in the pending litigation. Every minute of the High Court’s time squandered involves colossal expenditure which is incapable of calculation and therefore recompense. The reward of justice is none other than justice and time consumed in trying to meet it is alone its justification as an end to the means. The time required today for deciding cases of other litigants waiting desperately in the courtroom for their cause to be taken up and decided stands reduced. Poor legal advice given to a client may result in paralyzing many cases for years together causing incalculable injury to just causes needing prompt attention. But bad legal advice tendered leading to filing of interlocutory applications is a judicially unacceptable legal principle or ground itself for generosity in interference. This cannot operate as an exemption or a concession grantable to a litigant complaining that he has suffered because of ill advice to rescue an unsuspecting litigant from a predicament he may face. It has become almost a daily feature in court to wriggle out of the jamb to readily blame counsel without batting an eyelid and accept relief. If the Judge is expected to do his job so is the lawyer expected to assist the Court to the best of his ability. There is a presumption in law that a lawyer knows the law but there is no absolute presumption that a judge should know law. A judge is only called upon to balance the two sides of an argument presented before him.
But the bane is that the trial court unfortunately is not empowered to exercise summary jurisdiction of dismissal of misconceived, vexatious, frivolous, and mala fide applications designed only to obstruct the sound rhythm of a suit to achieve its target milestones within a reasonable time and bring it to fruition. Such power should deservedly be conferred on subordinate judges to deliver justice at the doorstep in limine without compromising the quality of justice delivered. But this is for Parliament to remedy and devise ways and means to achieve removal of obstructions designed to impede the life of a suit or wilt its many leaves.
Said Judge Learned Hand: “Thou shall not ration justice”
But time and energy spent in doing justice can be rationed. It can be rationalized to show better results. The trial courts can contribute in a large measure to this end by finding workable solutions thinking on their feet to do summary justice, a small example of what this case represents. The predecessor trial Judge should have returned the joint application in 2010 itself from the dais to its owner and saved valuable time of the court. He should have killed the weed before it grew. But now that has to be uprooted.
For the variety of reasons recorded above, I find no cogent ground to support the impugned order dated April 4, 2013 or to sustain it and to the contrary I think it is eminently fit to be set aside to avoid a failure of justice. It is accordingly so ordered. The matter is remitted back to the trial Judge for a re-consideration. The respondent/plaintiff is left free to file two separate applications, one under Order 6 Rule 17 and one under Order 1 Rule 10 CPC within a fortnight from the date of receipt of certified copy of this order. The defendants would file replies thereto within the next fortnight. Thereafter, the learned trial Judge would take up both the applications separately and proceed to dispose them of on merits after hearing the parties after following the rule “costs must follow the event” to its true import and meaning to compensate the aggrieved litigant of the precious time lost in what could have been resolved without any prolonged agony.

Nirmal Singh and Ors Vs Tarsem Singh and Ors on 01 May 2014

Citations :

Other Sources :

https://www.legitquest.com/case/nirmal-singh-and-others-v-tarsem-singh-and-others/1838C4

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Fine For Delay Tactics Judiciary Antics Nirmal Singh and Ors Vs Tarsem Singh and Ors | Leave a comment

Prahlad Vs State of Rajasthan on 14 Nov 2018

Posted on January 16, 2021 by ShadesOfKnife

Supreme Court says,

9. No explanation is forthcoming from the statement of the accused under Section 313 Cr.P.C. as to when he parted the company of the victim. Also, no explanation is there as to what happened after getting the chocolates for the victim. The silence on the part of the accused, in such a matter wherein he is expected to come out with an explanation, leads to an adverse inference against the accused.

Circumstantial Evidence…

10. We find that there is ample material against the accused to convict him for the offence under Section 302 IPC. All the circumstances relied upon by the prosecution stand proved so as to complete the chain of circumstances in respect of the offence under Section 302 of the IPC. The Trial Court and the High Court are, on facts, justified in convicting the accused for the offence under Section 302 of the IPC. However, we are unable to find reliable material against the accused for the offences under Section 3 and 4 of the POCSO Act.

Prahlad Vs State of Rajasthan on 14 Nov 2018

Citations :

Other Sources :

https://indiankanoon.org/doc/45763796/

https://www.legalauthority.in/judgement/prahlad-vs-the-state-of-rajasthan-40094

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Circumstantial Evidence - Suspicion cannot take the place of proof CrPC 313 - Power to examine the accused Death Penalty Commuted to Life Imprisonment Evidence Act 114A - Adverse Inference Prahlad Vs State of Rajasthan Right to Remain Silent | Leave a comment

Adv Mehmood Pracha Office searched

Posted on January 15, 2021 by ShadesOfKnife

Interesting aspects learnt (for a newbie like me)!!!

Adv Mehmood Pracha Office searched_compressed
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Adv Mehmood Pracha Office searched CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 165 - Search by police officer CrPC 93 - When search-warrant may be issued | Leave a comment

CrPC 93 – When search-warrant may be issued

Posted on January 15, 2021 by ShadesOfKnife

(1) (a) Where any Court has reason to believe that a person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or
(b) where such document or thing is not known to the Court to be in the possession of any person, or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 93 - When search-warrant may be issued | Leave a comment

CrPC 165 – Search by police officer

Posted on January 15, 2021 by ShadesOfKnife

(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.
(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
(4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 165 - Search by police officer | Leave a comment

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