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True Colors of a Vile Wife

Mamta Shailesh Chandra Vs State of Uttarakhand and Ors on 29 Jan 2024

Posted on March 20, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

We do not agree with the reasoning of the High Court for dismissing the writ petition of the appellant, having regard to the ratio of the judgment of this Court delivered on 04.07.2011 in the case of Joseph Salvaraj A. vs. State of Gujarat & Ors. reported in 2011 (7) SCC 59. That was a case arising from the quashing plea of an F.I.R., where chargesheet was submitted after institution of the petition under Section 482 of the Code of Criminal Procedure 1973. A Coordinate Bench of this Court opined that even if the charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., chargesheet and other documents.

Mamta Shailesh Chandra Vs State of Uttarakhand and Ors on 29 Jan 2024

Index of Quash judgments is here.

 

Post Views: 654
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 482 - Quash Even After filing of Charge sheet Mamta Shailesh Chandra Vs State of Uttarakhand and Ors | Leave a comment

Abhishek Gour Vs State of MP on 31 Aug 2023

Posted on March 20, 2024 by ShadesOfKnife

A full bench of the Apex Court passed this order,

From Para 8, (Police merely replicated the contents of the FIR and added nothing further on the strength of their investigation, observes Supreme Court of India, karma!)

8. Om Prakash, Bhawna’s father, also made a statement before the police on 08.09.2013 on the same lines. He said that her marriage was performed at Indore on 02.07.2007 and as per his status, he had given cash,gold, jewellery, clothes etc., totalling to ₹.5 lakhs, in dowry. He said that, whenever Bhawna came to meet them, she used to tell him and all the neighbours that her husband, Nimish, mother-in-law, Kusum Lata, and brothers-in-law, Abhishek and Sourabh, used to tell her that her father had given nothing in dowry and when she went to her parental home, she should bring .2 lakhs in cash, a car and gold jewellery. ₹ He stated that they had been harassing his daughter mentally and physically for dowry. He alleged that, on Karvachauth day, Bhawna’s mother-in-law had demanded 100 sarees but he had refused. Renubala, Bhawna’s mother, also made a statement on 08.09.2013 on identical lines. Two of their neighbours, Sushila Bai andMohan, also gave statements on the same day, supporting Bhawna’s version. According to them, whenever Bhawna came to meet her parents, she used to tell them that her in-laws were torturing her mentally and physically for dowry.On the other hand, Shailendra and Radhey Shyam, who lived in the neighbourhood where Nimish’s father had his residence, stated to the effect that there were no demands made of Bhawna or her family for dowry and that she was never harassed on that ground. In their final report dated20.09.2013, the police merely replicated the contents of the FIR and added nothing further on the strength of their investigation.

From Para 9, (Attempts to terrorize)

9. Certain other facts are also of pertinence and may be noted. Abhishek entered judicial service as a Civil Judge six or seven months after the marriage of Bhawna with Nimish. He was posted at Ujjain and, thereafter,at Neemuch in Madhya Pradesh. Kusum Lata used to reside with Abhishek. Saurabh, Bhawna’s other brother-in-law, is an architect and was working at Delhi since the year 2007. Nimish made written representations to the police authorities at Narsinghpur on 09.09.2012 and 17.11.2012 complaining of intimidation by and at the behest of Bhawna. Prior thereto, an anonymous complaint was made to the Chief Justice, Madhya Pradesh High Court, against Abhishek, making scandalous allegations to the effect that he was undeserving of judicial office. A complaint was also made to the Anti-Corruption Bureau, Mumbai, purportedly in the name of one Sanyogita Mishra. Again, the allegations therein were directed against Abhishek.

From Para 11,

11. This being the factual backdrop, we may note at the very outset that the contention that the appellants’ quash petition against the FIR was liable to be dismissed, in any event, as the chargesheet in relation thereto was submitted before the Court and taken on file, needs mention only to be rejected. It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition [See Joseph Salvaraj A. vs. State of Gujarat and others {(2011) 7 SCC 59}]. This principle was reiterated in Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another [(2019) 11 SCC 706]. This issue, therefore, needs no further elucidation on our part.

From Para 13,

13. Instances of a husband’s family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam and others vs. State of Bihar and others [(2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A IPC. Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A IPC and the increased tendency to implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in-laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law. It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the accused and such an exercise ought to be discouraged.

From Para 21, (unexplained delay)

21. Most damaging to Bhawna’s case is the fact that she did nothing whatsoever after leaving her matrimonial home in February, 2009, and filed a complaint in the year 2013 alleging dowry harassment, just before her husband instituted divorce proceedings.

Abhishek Gour Vs State of MP on 31 Aug 2023

Index of Quash judgments is here.

Post Views: 716
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Abhishek Gour Vs State of MP Abuse Or Misuse of Process of Court Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash Even After filing of Charge sheet CrPC 482 - Saving of inherent powers of High Court Misuse of Section 498A of IPC Misuse of Women-Centric Laws Reportable Judgement or Order | Leave a comment

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Posted on March 20, 2024 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Paras 11 and 12,

11. He further submits that cognizance of the charge-sheet filed by the police was taken by the learned Metropolitan Magistrate only against accused no.1, that is, Mr. Yogesh Gupta, and summons were issued to him alone vide order dated 22.12.2020. Later, by an order dated 06.07.2022, summons were issued also against other accused, including the petitioners herein. He submits that this is a procedure unknown to law.

12. He further submits that charges inter alia against the petitioners have been framed on 24.01.2023 in absence of the petitioners inasmuch as the petitioners, due to an inadvertent error, had noted the next date of hearing as 24.02.2023, which is also reflected on the official website of the Courts, and had not appeared on 24.01.2023.

From Paras 17 and 18,

17. In Kahkashan Kausar @ Sonam & Ors.,(Supra), the Supreme Court highlighted the concern over the misuse of Section 498A of the IPC and in the increasing tendency of the complainant to implicate the relatives of the husband in matrimonial disputes.

18. The Supreme Court also placed reliance on the precedents on this issue in Rajesh Sharma & Ors. v. State of U.P. & Anr., (2018) 10 SCC 472; Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC 273; Preeti Gupta & Anr. v. State of Jharkhand & Anr., (2010) 7 SCC 667; Geeta Mehrotra & Anr v. State of Uttar Pradesh & Anr., (2012) 10 SCC 741, and K. Subba Rao v. State of Telangana, (2018) 14 SCC 452 and held that in the absence of any specific and distinct allegations being made against the family members of the husband and where there are only general and omnibus allegations, the FIR registered against such family members is liable to be quashed. It was further held that, in fact, in such cases if the family members are forced to go through the tribulations of trial, it would inflict severe scars upon them and such exercise must be discouraged.

From Para 22, (hehehehe)

21. As clever case of drafting, specific allegations have been made dating back to around 1994-95 against Mr.Vimal Aggarwal, the other maternal uncle of the husband of the respondent no.2 and his wife Ms.Anu Aggarwal. Specific allegations against the petitioners dating back to 18.07.2007 have been made. As noted hereinabove, the complaint has been filed almost 10 years thereafter.

From Para 23,

23. In Mahmood Ali and Others (Supra), the Supreme Court emphasised that the High Court owes a duty to look into the FIR with care and a little more closely. It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not and, in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, try to read in between the lines.

From Para 24,

24. Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members. If only on such averment, the family members are to face agony of the trial, it would defeat the ends of the justice. In my opinion, therefore, the Court must scrutinise the complaint/FIR to determine whether the allegations are a case of clever drafting or have at least some element of truth in the same. Though the Court is not expected to conduct a mini trial, the Court also cannot be a mere spectator and refuse to exercise the power that is vested in it under Section 482 of the Cr.P.C., where it finds that the continuation of such proceedings would defeat the ends of the justice and would amount to insurmountable harassment, agony and pain to the accused and be an abuse of the criminal process.

Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024

Index of Quash judgments is here.

Post Views: 693
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court CrPC 482 - Saving of inherent powers of High Court Kahkashan Kausar @ Sonam Vs State of Bihar Legal Terrorism Misuse of Section 498A of IPC Misuse of Women-Centric Laws Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr | Leave a comment

Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024

Posted on March 14, 2024 by ShadesOfKnife

A single judge of Delhi High Court allowed wife to file fresh affidavit in a 125 CrPC maintenance proceedings, after husband files a 340 CrPC perjury application.

From Para 8,

8. I have given considered thought to the contentions raised.
The maintenance granted to the wife is as a measure of social justice and the proceedings under Section 125 Cr.P.C. is with an objective to protect women and children from vagrancy and destitution. The Family Courts have been established for adopting and facilitating the conciliation procedure and to deal with family disputes in an expeditious and speedy manner. Section 10(3) of the Family Courts Act, 1984 provides that nothing in sub-section 1 or sub-section 2 of Section 10 of the Family Courts Act, 1984 shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by one party and denied by another party. Thus, the objective remains to reach at the truth of the facts, which is a guiding star for the proceedings under the Family Courts Act. Even in terms of Section 14 of the Family Court Act, the Family Court may receive as evidence any report, statement, information or matter that may in its opinion assists it to deal effectively with the dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872. Keeping in perspective the aforesaid objective and provisions, the technicalities cannot be permitted to prevail. The learned Family Court after appreciation of the facts correctly permitted the filing of the fresh affidavit instead of amendment of earlier affidavit to enable the parties to bring out any inconsistencies or discrepancies for consideration.

From Para 10, (Perjury proceedings are intact)

10. It may further be observed that any direction by the Trial Court to file a fresh affidavit does not obliterate the earlier affidavit filed by respondent No.1 on record. Appropriate proceedings can always be considered by the Court in accordance with law in case the Court is of the opinion that a false affidavit had been filed in the proceedings by either of the parties. The same does not in any manner adversely impact the application, if any, preferred by the petitioner under Section 340 Cr.P.C.

Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024

Index of Perjury proceedings is here. Index of Maintenance proceedings is here.

Post Views: 921
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Perjury Under 340 CrPC Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr Sachin Kumar Daksh Vs Mamta Gola and Anr | Leave a comment

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024

Posted on March 14, 2024 by ShadesOfKnife

A full bench of Apex Court passed order to initiate perjury proceedings against a Presiding Officer of conducting the election to the Post of Mayor of the Chandigarh Municipal Corporation, as follows,

From Paras 40-42,

40. Further, we are of the considered view that a fit and proper case is made out for invoking the jurisdiction of this Court under Section 340 of the Code of Criminal Procedure 1973 in respect of the conduct of Shri Anil Masih, the Presiding Officer. In paragraph 2 of the order dated 19 February 2024, we have recorded the statement which was made by the Presiding Officer when he appeared personally before this Court. As Presiding Officer, Shri Anil Masih could not have been unmindful of the consequences of making a statement which, prima facie, appears to be false to his knowledge in the course of judicial proceedings.
41. The Registrar (Judicial) is accordingly directed to issue a notice to show cause to Shri Anil Masih of the Chandigarh Municipal Corporation who was the Presiding Officer at the election which took place on 30 January 2024, as to why steps should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973. The notice shall be made returnable on 15 March 2024.
42. Shri Anil Masih shall have an opportunity to file his response to the notice to be issued in pursuance of the above directions in the meantime.

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024

Previous Order where false statement was made in paragraph 2.

2. During the course of the hearing, the Returning Officer Mr Anil Masih is present before this Court. Responding to a query of the Court, Mr Masih stated that he had, besides signing the ballot papers, put his mark at eight ballot papers during the course of the counting of the votes. He states that he did so as he found that the ballot papers were defaced.

Kuldeep Kumar Vs U.T. Chandigarh and Ors on 19 Feb 2024

Index of Perjury judgments is here.

Post Views: 681
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision CrPC 340 read with CrPC 195 IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence Kuldeep Kumar Vs U.T. Chandigarh and Ors Perjury Under 340 CrPC | Leave a comment

Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956

Posted on March 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows, (with respect to ‘desertion’)

Thus the quality of permanence is one of the essential elements which differentiates desertion from wilful separation. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned : (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid.

Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956

Citations: [1957 AIR 176], [1956 SCR 838]

Other Sources:

https://indiankanoon.org/doc/1131783/

 


Index of Divorce judgments is here.

Post Views: 713
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bipin Chander Jaisinghbhai Shah Vs Prabhawati Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002

Posted on March 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows, (with regards to Cruelty)

From Para 6,

6. Cruelty has not been defined under the Act but in relation to matrimonial matters it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury, or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other. “Cruelty”, therefore, postulates a treatment of the petitioner with such cruelty as to cause a reasonable apprehension in his or her mind that it would be harmful or injurious for the petitioner to live with the other party. Cruelty, however, has to be distinguished from the ordinary wear and tear of family life. It cannot be decided on the basis of the sensitivity of the petitioner and has to be adjudged on the basis of the course of conduct which would, in general, be dangerous for a spouse to live with the other.

From Para 19, (with regards to the time limit to file an appeal against an Order of Family Court)

At this stage we would like to observe that the period of limitation prescribed for filing the appeal under Section 28(4) is apparently inadequate which facilitates the frustration of the marriages by the unscrupulous litigant spouses. In a vast country like ours, the powers under the Act are generally exercisable by the District Court and the first appeal has to be filed in the High Court. The distance, the geographical conditions, the financial position of the parties and the time required for filing a regular appeal, if kept in mind, would certainly show that the period of 30 days prescribed for filing the appeal is insufficient and inadequate. In the absence of appeal, the other party can solemnise the marriage and attempt to frustrate the appeal right of the other side as appears to have been done in the instant case. We are of the opinion that a minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage solemnised during the aforesaid period be deemed to be void. Appropriate legislation is required to be made in this regard. We direct the Registry that the copy of this judgment may be forwarded to the Ministry of Law & Justice for such action as it may deem fit to take in this behalf.

This judgment led to the passing of amendment here.

Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002

Citations: [AIR 2002 SUPREME COURT 591], [2002 (2) SCC 73], [2002 AIR SCW 182], [2002 ALL. L. J. 355], [2002 ALL CJ 1 122], [2002 (2) SRJ 553], [2002 (1) SLT 103], [(2002) 1 ALL WC 472], [(2002) 1 JCR 377 (SC)], [2002 (1) LRI 28], [(2002) 1 JT 25 (SC)], [2002 (1) UJ (SC) 273], [(2002) 1 MARRILJ 277], [2002 (1) ALL CJ 22], [2002 UJ(SC) 1 273], [2002 (1) BLJR 378], [(2002) 3 CIVILCOURTC 318], [(2002) 1 RECCIVR 719], [(2002) 6 BOM CR 511], [(2002) 1 HINDULR 338], [(2002) 2 MAHLR 263], [(2002) 2 PAT LJR 256], [(2002) 2 JLJR 135], [(2002) 2 GUJ LR 1369], [(2002) 1 KER LJ 193], [(2002) WLC(SC)CVL 116], [(2002) 1 SCALE 33], [(2002) 1 RAJ LW 183], [(2002) 3 GUJ LH 470], [(2002) 1 DMC 177], [(2002) 1 ANDH LT 55], [(2002) 1 CURCC 7], [(2002) 22 OCR 280], [(2002) 1 UC 299], [(2002) 1 SCJ 6], [(2002) 46 ALL LR 465], [(2002) 2 CAL HN 50], [(2002) 2 BLJ 177], [(2002) 1 SUPREME 90], [(2002) MATLR 224], [2002 (1) MARR LJ 277], [(2002) 4 CURCRIR 254], [(2002) 1 CAL HN 124], [(2002) 1 ALLCRILR 658], [(2002) 1 CALLT 32]

Other Sources:

https://indiankanoon.org/doc/325522/

https://www.casemine.com/judgement/in/56e0f1ad607dba38965f8bcd

https://www.the-laws.com/Encyclopedia/browse/Case?caseId=002002900000&title=savitri-pandey-vs-prem-chandra-pandey

https://lawfyi.io/savitri-pandey-vs-prem-chandra-pandey-on-8-january-2002-case-summary/

https://www.indianemployees.com/judgments/details/savitri-pandey-vs-prem-chandra-pandey

http://roundup.manupatra.in/trans/viewdoc.aspx?i=ptiDy4oUEz7W4RhahAaT6h93RFUeTV40hI1vo81W7g5uCfRP5tL0pktJVchar(43)F5g3qk&id=zwKDa4S8QbBCBSkXPhUPwY5CqQmaAQ/9fT/TmfIpDN9bjNPkWKzs5n8Hchar(43)U/Dqe21io8GIp7cHk/RGFLXdXEB6A==


Index of Divorce judgments is here.

Post Views: 769
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 Mental Cruelty Savitri Pandey Vs Prem Chandra Pandey | Leave a comment

Gaurav Nighawan Vs Shweta on 05 Jan 2024

Posted on March 13, 2024 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Paras 19 and 20,

19. With regard to Section 13(1) (ib) of the Hindu Marriage Act, 1955, the pertinent observations of the Hon’ble Supreme Court in Bipin Chandra Jaisinghbhai Shah Vs. Prabhavati 1956 SCC OnLine SC 15 are as under:-
“Thus the quality of permanence is one of the essential elements which differentiates desertion from wilful separation. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned : (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid.”
20. The Hon’ble Supreme Court in Bipinchandra Jaisinghbhai Shah(Supra) has further observed that once it is found that one of the spouses has been in desertion, the presumption is that the desertion has continued and that is not necessary for the deserted spouse actually to take steps to bring the deserting spouse back to the matrimonial home.

Finally in Paras 23 and 24,

23. Applying the provisions of Section 13(ib) of the Act, we find that merely within two months of marriage between the parties, the respondent-wife left the matrimonial home. Neither she made any complaint against the appellant nor did she file petition under Section 9 of the Hindu Marriage Act, 1955 seeking Restitution of Conjugal Rights. No doubt, even appellant has not been able to show before the learned Family Court and even in this Court that he had made any concrete efforts to bring back his wife to the matrimonial home. However, when he approached the court seeking divorce, despite service through publication, the respondent did not appear before the learned Family Court to contest the allegations made by the appellant. The respondent has even abstained herself from appearing before this Court despite service through the SHO concerned. Relevantly, since the marriage in the year 2015 till the year 2023, the respondent has not made any effort to join company of appellant-husband. There is no doubt that respondent has quietly chosen to stay apart from appellant and broken the bond of marriage, though not legally but otherwise.
24. In the light of afore-noted facts and circumstances of the present case, this Court is of the considered opinion that respondent has wilfully deserted the appellant and so, appellant is entitled to get benefit of provision of Section 13(1) (ib) of the Hindu Marriage Act, 1955. The marriage between the parties is thus, dissolved and a decree of divorce is granted. Decree sheet be prepared accordingly.

Gaurav Nighawan Vs Shweta on 05 Jan 2024

Index of Divorce judgments is here.

Post Views: 651
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Desertion ground Gaurav Nighawan Vs Shweta HM Act 13 - Divorce Granted to Husband Willful Desertion By Knife | Leave a comment

Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi on 04 Jan 2024

Posted on March 12, 2024 by ShadesOfKnife

A single (Dr) judge of the Bombay High Court held as follows,

From Para 10, (Enjoy the perversity)

10. The perusal of the order impugned indicates that the trial Judge has taken into account all the facts necessary to be considered for fair adjudication and determination of quantum of interim maintenance. The trial Judge has applied all the settled parameters while doing so. The Petitioner/husband is a qualified Engineer and is suitably employed. His standard of living is fairly modest. The Respondent/wife is also a qualified MBA but unable to hold down a permanent job as she is single handedly looking after a ten years old. The mere fact that she is residing in the matrimonial home is not a pretext to disentitle her to a reasonable amount of maintenance. She still needs some amount towards food, medicine, clothes and educational expenses for the child. Thus, considering the status of the parties, reasonable needs of the wife and minor son are parameters to be considered while determining the sufficiency and the reasonableness of the quantum of interim maintenance to be adjudged so that the wife is able to maintain herself and the minor son in reasonable comfort. The quantum of maintenance awarded by the trial Judge is neither oppressive nor is it unendurable for the Petitioner/husband and there is no hardship caused to him. The amount of Rs.3,000/- is also reasonable for litigation expenses and barely sufficient for her to defend herself in the divorce Petition initiated by her husband. In view of the same, no interference is required in the order impugned herein. The quantum of interim maintenance, as adjudged by the trial Court, is reasonable and does not suffer from any infirmity. The Petition is, thus, dismissed.

Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi on 04 Jan 2024

Index of HMA judgments here.

Post Views: 183
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Baseless or Convoluted Judgment HM Act Sec 24 - Interim Maintenance Granted Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi | Leave a comment

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

Posted on March 12, 2024 by ShadesOfKnife

A single judge of Madhya Pradesh High Court at Gwalior bench held as follows,

From Para 9,

9. Thus, the proceedings under Section 125 of Cr.P.C. may be taken against any person in any district where he or his wife resides or where he last resided with her wife or as the case may be with the mother of the illegitimate child. It is not the case of the respondent no.1 that she resided with the applicant for the last time in Gwalior.Her contention is that Gwalior is her permanent address as her parents are residing there and she occasionally visits her parents and,therefore, the Family Court, Gwalior has a jurisdiction to entertain the application filed under Section 125 of Cr.P.C. The stand taken bythe respondent no.1 cannot be appreciated as the word “resides” cannot be equated with places where flying visits are made. It is not the case of respondent no.1 that at the time of filing of the applicationunder Section 125 of Cr.P.C. she was posted in Gwalior and the Family Court, Gwalior would not lose jurisdiction merely on the ground that subsequently she was transferred, but the case of respondent no.1 is that from the year 2011 onwards she is posted inDelhi. Flying visits to a particular place with a solitary intention to confer jurisdiction would not satisfy the provisions of Section 126 (1)of Cr.P.C.
10. Thus, it is clear that a casual stay or a flying visit to a particular place cannot be treated as a part of the word “reside”.

From Paras 14-15,

14. Thus, it is clear that it is the contention of the respondent no.1 that her daughter is residing with her. Admittedly, respondent no.2, daughter of respondent no.1, is prosecuting her studies in Delhi. Thus, it is clear that both the respondents no.1 and 2 are residing in Delhi where respondent no.1 is serving in Airport Authority of India and is posted as ATC. The respondent no.1 is serving in Delhi from the year 2011. The address which has been shown by them in the cause-title has been given with a solitary intention to give territorial jurisdiction to the Family Court, Gwalior and in fact the Family Court, Gwalior has no territorial jurisdiction to try the application in the light of Section 126 of Cr.P.C.
15. Accordingly, order dated 25/10/2021 passed by the Additional Judge to the Court of Principal Judge, Family Court, Gwalior in case No.234/2019 (new no.367/2021) is hereby set aside. The application filed by the respondents under Section 125 of Cr.P.C. before the Family Court, Gwalior is held to be without jurisdiction. However, liberty is granted to the respondents that if they so desire, they can file an application under Section 125 of Cr.P.C. before the Courts having jurisdiction in the light of Section 126 of Cr.P.C.

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

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

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Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Procedure Nirman Sagar Vs Monika Sagar Chaudhari and Anr No Territorial Jurisdiction | Leave a comment

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Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

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SandeepPamarati
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anandmahindra anand mahindra @anandmahindra ·
18 Jun

I ran across this video a few days ago and couldn’t stop watching it.

It’s about something ordinary & boring, a plastic gas lighter. But it changes how one thinks about manufacturing.

That lighter in so many of our homes, holds pressurised gas. It has over 30 microscopic parts,

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thebetterindia The Better India @thebetterindia ·
17 Jun

Every evening, while most people head home, Gautam Yadav begins his mission of kindness.

For the last 7 years, this daily wage worker from Berunda has been collecting leftover rotis from households and feeding nearly 300 stray animals every day. Despite facing financial

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alongimna Temjen Imna Along @alongimna ·
18 Jun

Ye hai Northeast meri jaan 🩵

Thank you, Lieutenant General Vikas Lakhera Ji, for reminding the nation that there is much to learn from the honesty, discipline, culture, and community spirit of the Northeastern states.

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kadirodu_offl 🔱🐎 సుజత్ 🕉️☪️✝️ @kadirodu_offl ·
18 Jun

బాగ సంపాదించి అమ్మ నాన్న ని గొప్పగా చూసుకోవాలని కలలు కనే ప్రతి కొడుక్కి చివర్లో ఒక విషయం తెలుస్తుంది ..

అదే 👇 ఇది !!

ఈ విషయం తెలిసాక వాడి మనసు ఎంత ఆవేదన పడుతుందో అనుభవించిన వాడికే అర్థం అవుతుంది !!

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