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Shades of Knife

True Colors of a Vile Wife

Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023

Posted on February 7, 2025 by ShadesOfKnife

A division bench of Supreme Court held as follows, while relying on landmark judgments like

From Para 10,

10. On the question of burden in a petition for divorce, burden of proof lies on the petitioner. However, the degree of probability is not one beyond reasonable doubt, but of preponderance.

From Para 17,

17. For a decade and half, the parties have been living separately. As fairly stated at the Bar, the marriage does not survive any longer, and the relationship was terminated otherwise except by a formal decree of divorce. The status quo continues, awaiting an approval from this Court.

From Para 19,

19. The Trial Court and the High Court adopted a hyper-technical and pedantic approach in declining the decree of divorce. It is not as if the respondent-Husband is willing to live with the appellant–Wife. The allegations made by him against her are as serious as the allegations made by her against him. Both the parties have moved away and settled in their respective lives. There is no need to continue the agony of a mere status without them living together.

Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023

Index of Divorce judgments is here.

Post Views: 821
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Wife Mental Cruelty Reportable Judgement or Order Roopa Soni Vs Kamal Narayan Soni | Leave a comment

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Posted on January 30, 2025 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 45,

45. Despite concurrent findings of three courts as to the legitimacy of the Respondent, he and his mother maintain and proclaim to the world that the Appellant is his biological father. It must be underscored that theAppellant has maintained a consistent stance across all fora that he never had sexual relations with the Respondent’s mother. In fact, the dispute was assumed to have been put to rest in 2011, providing some relief to the Appellant, only to be reopened in 2015, once again making him face the brunt of the allegations. This constant pendulum-like state of affairs and unsubstantiated allegations must have, undoubtedly, had an adverse effect on the Appellant’s quality of life. In this backdrop, an order necessitating a DNA test based on mere allegations of adultery, would ultimately violate the Appellant’s right to dignity and privacy.

From Paras 69 and 70,

69. This convoluted case, spanning over two decades, has no doubt taken its toll on the parties involved and other relevant stakeholders. Given these
extenuating circumstances, at this stage, it must be closed for all intents and purposes.
70. Accordingly, we deem it appropriate to allow this appeal and set aside the Impugned Judgment of the High Court dated 21.05.2018 and of the
Family Court dated 09.11.2015, with the following directions and conclusions:
i. Legitimacy determines paternity under Section 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’;
ii. The Munsiff Court and the Sub-Judge Court possessed jurisdiction to entertain the Original Suit, which dealt with the question of the legitimacy of the Respondent;
iii. The Family Court, Alappuzha erred in reopening the Maintenance Petition when the self-imposed condition was not satisfied;
iv. The impugned proceedings, initiated by the Respondent, are barred by the principle of res judicata;
v. The proceedings in MC No. No. 224/2007 before the Family Court, Alappuzha stand quashed;
vi. Any claim by the Respondent based upon the perceived relationship of paternity qua the Appellant, stands negated; and
vii. The Respondent is presumed to be the legitimate son of Mr. Raju Kurian.

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Impugned Judgment:

https://www.casemine.com/judgement/in/5e977c0b4653d048ca2bb2dc

Post Views: 1,033
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women Whose Earlier Marriage Subsists Not Entitled To Maintenance Ivan Rathinam Vs Milan Joseph Misuse of Women-Centric Laws Reportable Judgement or Order | Leave a comment

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024

Posted on December 25, 2024 by ShadesOfKnife

I won’t comment about this Judgment. Posting here, with a hope that it may be set aside at a higher court.

State of AP Vs Basa Nalini Manohar and Ors on 23 Dec 2024
Post Views: 483
Posted in Assorted Court Judgments or Orders or Notifications District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Convicted Under IPC 498A State of AP Vs Basa Nalini Manohar and Ors | Leave a comment

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

Posted on December 23, 2024 by ShadesOfKnife

A division bench of the Apex Court reiterated that no evidence could be led beyond pleadings.

From Para 15,

15. There is no quarrel with the proposition of law that no evidence could be led beyond pleadings. It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the case in hand, specific amendment in the pleadings was sought by the plaintiffs with reference to 1965 partition but the same was rejected. In such a situation, the evidence with reference to 1965 partition cannot be considered.

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

 

Post Views: 742
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors | Leave a comment

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Posted on December 15, 2024 by ShadesOfKnife

A single bench of MP High Court at Jabalpur, held that absence of specific date and time when the complainant-wife was subjected to the demand of dowry is sufficient to quash Dowry demand allegation.

From Para 6,

6. In the present case, this Court issued notices to the respondent No. 2. The report of the office reflects that the notices were served upon the respondent No. 2 yet respondent No. 2 has not appeared before this Court nor any one has filed any Vakalatnama on behalf of respondent No. 2. It is also undisputed that prosecution was initially launched against the husband of petitioner No. 2 Rahul Gaur who has also expired after lodging of F.I.R. A perusal of F.I.R discloses the allegation against the present petitioners that they used to visit the complainant who was residing at Rachna Nagar  and used to demand Rs.5 lakhs in order to buy a bigger house. F.I.R. discloses that complainant was not residing with the present petitioners and was residing at Rachna Nagar with her husband. According to complainant petitioner No. 3 also used to record conversation and used to humiliate her. It is further mentioned in the F.I.R that the petitioner No. 2 was acting on the instructions of petitioner No. 1. After registration of F.I.R the statement of the complainant and her parents were also recorded. The statement are there on record. Perusal of all the statement reflects that identical allegations have been levelled by all the witnesses. The allegations are not specific. There are no particulars like specific date and time when the complaint was subjected to the demand of dowry. As per complainant own showing the present petitioners were not residing with the present complainant but the complainant made an effort to demonstrate that the present petitioners used to visit her at place. The said particulars have not been disclosed by the complainant in the F.I.R. or there is any disclosure of such particulars in the entire statement of the witnesses.

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Index of Quash judgments is here.

Post Views: 1,019
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 - Saving of inherent powers of High Court Geetababi Khambra Vs State of MP and Anr IPC 498a - Not Made Out Against Parents or Relatives | Leave a comment

Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024

Posted on November 24, 2024 by ShadesOfKnife

After waiting for 9 months, since 26-Feb-2024, decided to file a speedy trial petition before AP High Court u/s 529 BNSS, 2023, against the endless delay caused in the DV case.

Here is the Petition copy.

2024-11-05 Quash or Speedy Trail in DVC Appeal v0.1

Here is the Order copy.

Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024

Back to Home page of my cases here.

Post Views: 610
Posted in Sandeep Pamarati | Tagged BNSS Sec 529 – Duty of High Court to exercise continuous superintendence over Courts Right to Speedy Trial Sandeep Bhavan Pamarati Vs State of AP | Leave a comment

Sagari Hembram Vs State of WB and Anr on 19 Nov 2024

Posted on November 21, 2024 by ShadesOfKnife

A single judge bench at Calcutta High Court held that Second Wife Not Liable for Cruelty Simply Due to Husband’s Bigamous Marriage.

From Paras 8-10,

8. The said conduct of second marriage is prima facie applicable in respect of the husband of the complainant and the ingredients of the offences alleged are prima facie not applicable in respect of the petitioner herein.
9. The rest of the offences being under Section 498A/406/506 IPC also are thus prima facie not applicable in respect of the petitioner herein. The ingredients required to constitute the offence under Section 506 IPC are also not present in respect of the petitioner herein.
10. As such the proceedings against the present petitioner is bad in law and permitting such a proceeding to continue would be a clear abuse of process of law and in the interest of justice is liable to be quashed.

Sagari Hembram Vs State of WB and Anr on 19 Nov 2024
Post Views: 706
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision Sagari Hembram Vs State of WB and Anr | Leave a comment

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Posted on November 8, 2024 by ShadesOfKnife

A single Judge (Lalitha Kanneganti) of Karnataka High Court bench at Bengaluru found out the suppression of material facts (about employment) done by wife and denied Interim Maintenance allowed by Family Court below.

From Para 5,

5. Heard the learned counsel on either sides, perused the entire material on record. This court has perused the affidavit, the affidavit do not disclose any of the reasons that are submitted by the learned counsel for the respondent. This court has perused the material placed before this court and the statement of assets and liabilities that were filed on 15.11.2022. As per the letter dated 02.03.2023 given by the Integrated Project for Development of People (R ) the respondent/wife had come to them with a problem and requested them to provide an opportunity to work in a residential shelter with safety and security with survival purpose and at the same time they were opening Ashakirana Girls Hostel, for the post of Hostel Warden temporary appointment was given on 01.08.2022 with a nominal honorarium to lead her personal life and after 11th April they are closing the residential hostel due to new norms at CCI Government Rules. Even the 2nd affidavit which is filed before the court below, with suppression of material facts and looking at both the affidavits filed by respondent/wife this is a fit case where proceedings have to be initiated for perjury against her. The husbands salary is Rs.90,000/-. Both the children are grown up and pursuing their graduation are living with the father. He has lost his brother and he has to take care of education of the niece and also has to take care of mother. The respondent/wife has come to the courts with unclean hands by suppressing all the material facts. Considering all these facts, this court is of the view that the respondent/wife is not entitled for any interim maintenance and the other allegations that is levelled by the husband which are serious in nature are pending consideration before the court below. At this stage in the considered opinion of this court, the respondent/wife is not entitled for any relief.

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Index of Maintenance Judgments u/s 125 Cr.P.C. is here.

Post Views: 756
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Denied K.L Rangaswamy Vs Sharadha. D Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted | Leave a comment

Publicly available Legal Research tools

Posted on November 3, 2024 by ShadesOfKnife

This page contains some Publicly available Legal Research tools that can help to extract valuable information that can be presented in Courts as evidence and also during filling/filing of Income, Assets and Liabilities Affidavit as per Rajnesh Vs Neha judgement of the Apex Court.

  • Tax Evasion Petition (TEP)
    • What is a TEP? Learn basics here and find a format here.
    • Income Tax Department issues New Benami Transactions Informants Reward Scheme, 2018. Link here. You never know what your in-laws deal in.
    • Income Tax Department issues Revised Income Tax Informants Reward Scheme, 2018. Link here.
    • CBDT launches e-portal for filing complaints regarding tax evasion/Benami Properties/Foreign Undisclosed Assets. Link here.
    • Link to file a TEP here.
  • Provident Fund Information
    • Establishment Search portal here.
    • Home page of EPFO Website here.
  • Ask for a report of Form 26AS/Annual Tax Statement from TRACES
    • Portal link here.
  • Refunds generated, if any, on/after processing of Income Tax Returns by CPC-Bangalore
    • Portal link here.

 


MASTER Index is here.

Post Views: 335
Posted in Legal Procedure | Tagged Publicly available Legal Research tools | Leave a comment

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

Posted on October 31, 2024 by ShadesOfKnife

A single judge of Allahabad High Court held as follows,

From Paras 4-5,

4. From a bare perusal of Section 125(4) Cr.P.C., it is patently manifest that once there is categorical allegation of adultery against the wife, then the court concerned dealing with the matter under Section 125 Cr.P.C. has to decide the issue of adultery and even interim maintenance can be awarded only after recording a finding on that issue.
5. This Court prima facie finds that the exercise as required under Section 125(4) Cr.P.C. is completely missing in the matter and without recording any finding on the issue of adultery, the impugned order dated 13.4.2023 has been passed whereby interim maintenance amounting Rs.7,000/- has been awarded in favour of Opposite Party No.2.

Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024

If this case status is not available from eCourts app/website, then access it from Allahabad HC’s inhouse application here.


Index of Maintenance Judgements u/s 125 CrPC is here.

Post Views: 928
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Dr. Virender Kumar Vs State of UP and Anr Legal Procedure Explained - Interpretation of Statutes | Leave a comment

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