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Shades of Knife

True Colors of a Vile Wife

Category: Assorted Court Judgments or Orders or Notifications

Journey through the years – PWDV Act

Posted on December 31, 2018 by ShadesOfKnife

This is to chronicle the journey of the PWDV Act 2005 through the years from its enactment.

  1. https://indiankanoon.org/doc/126595064/

 

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Protection of Women from Domestic Violence Act 2005 Summary Post Work-In-Progress Article | Leave a comment

Contempt of Court Judgments

Posted on August 15, 2018 by ShadesOfKnife

Here is a listing of judgments for the offence of Contempt of Court . See the bare act here Contempt of Courts Act.

 

  1. Chandra Shashi Vs Anil Kumar Verma on 14 November, 1994
  2. Dhananjay Sharma Vs State Of Haryana And Ors on 2 May, 1995

 

Go to MAIN Index here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to | Leave a comment

Indian Passport released or returned to Accused Judgments

Posted on July 22, 2018 by ShadesOfKnife

List of judgments that can be used in your applications to request for release/return of your passport from Indian Courts.

Landmark Judgments of Hon’ble Supreme Court

  1. Satwant Singh Sawhney Vs Assistant Passport Officer, New Delhi on 10 April, 1967
  2. Maneka Gandhi Vs Union Of India on 25 January, 1978
  3. Suresh Nanda vs C.B.I. on 24 January, 2008 (Only passport authority can impound a passport, but no one else like police or courts)
  4. Sanjay Awasthi Vs State of Uttar Pradesh on 14 Jul 2015
  5. Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021 (Passport can be renewed without Court permission or when a criminal appeal is pending)
  6. Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: Principles of Natural Justice violated since the act of impounding the appellant’s passport under Section 10 of the Passport Act, 1967, was carried out without granting the appellant an opportunity to be heard]

 

Judgments of Hon’ble High Courts in India

  1. Nandini Bhatnagar Vs State Govt. Of NCT Of Delhi on 14 December, 2012
  2. Anand Tewari Vs Union Of India & Ors, on 18 September, 2013 (Passport impounded?)
  3. Shreyas Sharma Vs State Of Karnataka on 22 September, 2014 (Anticipatory Bail granted without surrendering passport condition)
  4. Sumit Kumar Vs The State Of Madhya Pradesh on 28 April, 2016 (Anticipatory Bail granted without surrendering passport condition)
  5. Dipika Vs The State Of Madhya Pradesh on 4 May, 2016
  6. Mohd. Farid Vs Union Of India And Another on 20 December, 2016 (Passport impounded?)
  7. N.Chandrababu Vs The Sub Inspector of Police on 21 April, 2017 (Passport impounded?)
  8. Krishna Munivenkatappa Vs Union Of India on 27 April, 2017 (Passport impounded?)
  9. Kakulamarri Kalyan Srinivasa Rao Vs CBI on 12 May, 2017
  10. Suresh Rajan Vs The Passport Officer on 30 October, 2017 (Passport impounded?)
  11. Jignesh Prakash Shah Vs CBI on 4 June, 2018
  12. D.Suryaprakash Venkata Rao Vs State of AP on 06 Dec 2019
  13. Kuchiraju Srinivasa Rao Vs State of Andhra Pradesh on 28 Jan 2020 (APHC)
  14. Y Usha Gayatri Vs State of AP and Anr on 13 Oct 2020 (APHC)
  15. Bireddy Pradeep Kumar Reddy Vs The State of Telangana on 09 Nov 2020 (TelHC:)
  16. Akshay Vinod Kulkarni Vs Chief Passport Officer and Anr on 03 May 2021
  17. Praveen Surendiran Vs State of Karnataka and Anr on 21 Mar 2022 (KarHC)
  18. Ravi Ramesh Babu Vs State of Andhra Pradesh on 23 Mar 2022 (APHC)
  19. Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022 (Police Clearance Certificate)
  20. Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (No Court permission required for Passport Renewal)

 

Index page here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Courts Can Not Impound Passport Only Passport Authority Can Impound Passport | Leave a comment

Maintenance Judgments under Section 125 CrPC [Section 144 BNSS]

Posted on May 26, 2018 by ShadesOfKnife

Listed below are few judgments which deal with maintenance for knifes under Section 125 of CrPC [now Section 144 BNSS]. Some are judgments of various courts where there are modifications done to the interim maintenance granted to Knife. The reason for this listing is to initiate Perjury proceedings against the Knife (apart from an application for Contempt of Courts), as and when applicable. Some helpful judgements are here.

In some recent judgments of High Courts, it is being held that capable to earn is NOT equated to earning currently. Banking on this aspect only is not helpful and can be suicidal if this is the only argument victim-husband has.

Supreme Court

  1. Smt. Yamunabai Anantrao Adhav A Vs Ranantrao Shivram Adhav And … on 27 January, 1988 (When the marriage is a complete nullity in the eye of law and wife is not entitled to the benefit of Section 125 of the CrPC)
  2. Smt. Jasbir Kaur Sehgal Vs The District Judge Dehradun & Ors on 27 August, 1997 (Maintenance granted from Date of Application from Date of Order)
  3. Shahada Khatoon and Ors Vs Amjad Ali and Ors on 7 Apr 1999 (Under 125(3) CrPC, 1-year time limit is for issuance of warrant for arrest)
  4. Deb Narayan Halder Vs Anushree Halder on 26 August, 2003 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]
  5. Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004 [Once MCD done with no future claims, maintenance cannot be claimed later]
  6. Chaturbhuj Vs Sita Bai on 27 November, 2007 [who is eligible to claim maintenance u/s 125 Cr.P.C. and under what conditions]
  7. Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur on 28 April, 2009 (Reduced from 10K to 5K)
  8. Poongadi And Anr vs Thangavel on 27 September, 2013 (Total arrears to be paid from date of filing of MC application; arrest can happen for a month maximum for each violation of monthly maintenance)
  9. Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014 [Wife must positively aver and prove that she is unable to maintain herself]
  10. Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 [Guidelines issued to file Income, Asset and Liability affidavits before passing any Interim or Final Maintenance Orders ]
  11. Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022 [An able-bodied husband must provide financial support and cannot escape liability]
  12. Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023 [Reiterated/re-circulated Rajnesh Vs Neha to all High Courts]
  13. Rina Kumari Vs Dinesh Kumar Mahto and Anr on 10 Jan 2025 [Being successful in RCR case doesn’t automatically disqualify the wife from maintenance under 125 CrPC/144 BNSS]
  14. N.Usha Rani and Anr Vs Moodudula Srinivas on 30 Jan 2025 [Second husband can be made liable to pay maintenance to Wife, even if she didn’t take divorce from her first husband]

 

Allahabad High Court

  1. Kiran Dhar Vs Alok Berman on 14 May, 2014 (No Domestic relationship as First Wife alive)
  2. Ismile @ Shama Vs State Of U.P. & Others on 22 September, 2016 (Knife able to maintain herself)
  3. Vipin Kumar Vs State of U.P. and Anr on 25 Feb 2022 (relying on Hazi, held issue of arrest warrants is not correct law, in case of non payment of maintenance)
  4. Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023 [IMP: Guidelines passed in elaboration of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 and Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023]
  5. Dr. Virender Kumar Vs State of UP and Anr on 16 Oct 2024 [Once there is categorical allegation of adultery against the wife (attracting Section 125(4) Cr.P.C.), 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]
  6. Mohammad Rizwan Khan Vs State of UP and Anr on 08 Sep 2025 (Dispose Perjury First; Adultery allegations)
  7. Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (Dispose Perjury First; False RvN Affidavit allegations)
  8. Ankit Saha Vs State of UP and Anr on 03 Dec 2025 [Failed to prove unable to support herself and came to Court with unclean hands; Relies on Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd on 26 Mar 2025]

 

Andhra Pradesh High Court

  1. Jangam Srinivasa Rao Vs Jaagam Rajeshwari and Anr on 13 Mar 1989 [Can claim maintenance only up to 12 months; Bad judgment as such restriction goes against execution proceedings]
  2. Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017
  3. Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017 [Evidence must not be taken via Affidavit as per Sec 126(2) CrPC]
  4. Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]
  5. Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023 [Follow Rajnesh Vs Neha]
  6. Gurram Sitaramaiah Vs Gurram Siva Parvathi and Ors on 08 Jan 2024 [Relied on Shahada Khatoon and Poongadi judgments; Under 125(3) CrPC, 1-year time limit is for issuance of warrant for arrest; arrest can happen for a month maximum for each violation of monthly maintenance]

Trial Courts:

  1. Byru Rajeswari Vs Byru Suresh Babu on 30 Apr 2018 (Knife failed to prove her allegations)
  2. Gadesula Radhika Vs Gadesula Rajesh on 22 Jan 2019 (Knife voluntarily left the company of husband)
  3. Palagani Samrajyam and Anr Vs Palagani Nagaraju on 30 Dec 2019 (Knife voluntarily left the company of husband)
  4. K Sreekanth Naik Vs P Nalini and Anr on 25 Apr 2024 [Follow Rajnesh Vs Neha]

 

Bombay High Court

  1. Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008 (Cruelty not proved)
  2. Sachin Vs Sau. Sushma on 6 May, 2014 (Follow Section 421 of the Cr.P.C. first before arrest)
  3. Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 (Wife is not a creditor)
  4. Devendra Vs Trupti Devendra on 27 Sep 2022 [Seeking maintenance for daughter after MCD]
  5. Prakash Dheple Vs Vithabai and Anr on 10 May 2024 [Impose interest on Maintenance arrears]

 

Calcutta High Court

  1. Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 [No maintenance for Deserter wife 144(4) BNSS/125(4) CrPC]

 

Chhattisgarh High Court

  1. Rishikesh Singh Vs Kiran Gautam on 05 Sep 2014 (MCD u/s 13B of HMA does not entitle wife maintenance u/s 125 CrPC)
  2. Jagdamba Trivedi Vs Neha Trivedi on 18 Jan 2021 [Importance of Section 421 Cr.P.C., arrest warrant in 125(3) Cr.P.C. cases; Follow Rajnesh Vs Neha for recovery of the amount of maintenance]
  3. Birendra Kumar Tiwari Vs Neetu Tiwari on 07 Dec 2022 [Major daughter not eligible to seek maintenance u/s 144 BNSS]
  4. Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025 [Once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband]

 

Delhi High Court Judgments

  1. Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018 [no pre-condition can be laid before receiving Appeal/Revision such as deposit maintenance amount]
  2. Binita Dass Vs Uttam Kumar on 9 Aug 2019 [ Wife who is independent and have source of income, can be a ground to deny interim maintenance]
  3. Sandeep Walia Vs Monika Uppal on 18 Jul 2022 [Petitioner was not truthful in disclosure of his correct income in his affidavit]
  4. Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [Stay on Interim Maintenance Order without any pre-condition; relied on Sabina Sahdev and Ors Vs Vidur Sahdev on 9 Jul 2018]
  5. Zahir Obdullah and Anr Vs Omar Abdullah on 31 Aug 2023 [Interim enhanced to 1.5 lakhs from 75,000; despite the law providing, Court granted maintenance to major children!]
  6. Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024 [Allowed Revised Income affidavit as per Rajnesh Vs Neha judgement though held that earlier affidavit is not obliterated]
  7. Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 [No Interim Maintenance from previously working wife]
  8. Naveen Kumar Vs Kavita on 01 Jul 2025 [When ad interim Maintenance can be granted; Interim Maintenance cannot be granted without an Interim Maintenance application]
  9. Nidhi Jain Vs Ankit Jain on 31 Jul 2025 [Allow 311 recall petition]
  10. Geeta and Anr Vs State and Anr on 10 Sep 2025 [Concealing actual income and withholding the most relevant documents in his affidavit which alone could establish her present financial incapacity should lead to adverse inference against wife]
  11. Arshi Parveen Vs Maqsood on 5 Jan 2026 [Courts can assess a husband’s income on minimum wages where financial disclosure is incomplete and enhanced interim maintenance under Section 125 Cr.P.C.
  12. Tasmeer Qureshi Vs Asfia Mazaffar on 29 Oct 2025 [Courts must assess income before fixing interim maintenance and remanded the matter for fresh determination.]
  13. Vinod Kumar Vs Seema Devi and Anr on 16 Mar 2026

Trial Courts:

  1. Neeraj Aggarwal Vs Veeka Aggarwal on September 19, 2007 (Educated and Working Wife (even after marriage) not entitled for maintenance)

Gauhathi High Court

  1. Hazi Abdul Khaleque Vs Mustt. Samsun Nehar on 20 Aug 1990 (No arrest can be made for non-payment of maintenance u/s 125 Cr.P.C.)

 

Gujarat High Court

  1. Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010 (denied interim maintenance to Knife as she is already getting maintenance under Section 125 of CrPC)
  2. Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016 (Spouses living separately with mutual consent so No maintenance can be allowed; Agreements against Public Policy are void)
  3. Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 (Wife is not a creditor)

 

Jammu and Kashmir and Ladakh High Court

  1. Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 (No maintenance to children once they attain majority, except one exception)

 

Jharkhand High Court

  1. Ramdhani Sah Vs The State of Jharkhand on 22 June, 2016 (No arrest without following sec 421 Cr.P.C.)

 

Karnataka High Court

  1. K.R.Arun vs M.Latha on 22 September, 2014 (Interim is reduced in S24 HMA, to Rs.2000/- from Rs.3000/-, until assets information is received in court)
  2. Dr. Deepak K S Vs Dr. Sowmya Sharath on 23 March, 2018
  3. Darshanik M M Vs Poornima A on 04 Dec 2023 [Not followed Guidelines passed in Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 ]
  4. Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024 [Standard deduction not to be considered as salary]
  5. Lakshmayya Vs M.Shivalingamma and Anr on 04 Mar 2024 [ex parte Final Maintenance order set aside]
  6. K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld]
  7. Srinivasa D Vs Asha on 20 Mar 2025 [Landmark judgment to rectify baseless Orders of maintenance by Family Court judges in Karnataka]
  8. Vinod Kumar K Vs Chaitra N on 3 Apr 2025 [Unclean hands; Liable for perjury; Interim Maintenance denial Order upheld; Refund of Interim Maintenance amount ordered]

 

Kerala High Court

  1. Rajesh R. Nair Vs Meera Babu on 5 Mar 2013 (Spouses living separately with mutual consent; No maintenance can be allowed)
  2. Arun R.Naik Vs Shwetha Arun Naik and Anr on 17 May 2021 [Direction to enhance Maintenance amount at 10% annually is set aside]
  3. Rijas MT Vs Hafseena M on 15 Nov 2023 [No direct arrest warrant may be issued in case of failure to make maintenance payments]
  4. Abhilash.M.V Vs Soumya Soman on 10 Nov 2023 [Husband not given chance to file objections]
  5. Paul George Vs Emarin Paul on 12 Mar 2025 [No maintenance to a deserting wife]
  6. Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025 (Even to dispose Interim Maintenance Applications, call for affidavits)
  7. S.Mumthas and Anr Vs M.Nizar @ Nizarudeen and Anr [No direct arrest warrant may be issued without issuing a distress warrant]
  8. Jinesh CR Vs Aswathy PR on 19 Nov 2025 [Maintenance denied due to adultery]

 

Madhya Pradesh High Court

  1. Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 2000 (Educated and Working Wife (even after marriage) not entitled for maintenance)
  2. Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022 [No territorial jurisdiction]
  3. Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024 [Follow Rajnesh Vs Neha]
  4. Shrikrishna Vs Sunita Bai on 02 May 2024 [Woman whose first marriage is subsisting, is not entitled to maintenance under section 125 CrPC]
  5. Shikha Vs Avaneesh Mahodaya on 10 Sep 2024 [well educated lady who also has her own source of income]
  6. Sumit Raj Shivhare Vs Anushree Gupta Shivhare on 05 Nov 2024 [To enhance Maintenance amount at 5% annually]

 

Madras High Court

  1. M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015 [No maintenance to adulterer wife]
  2. P Amutha Vs Gunsekaran on 23 Dec 2022 (Wife is not a creditor)
  3. N.Santhosh Kumar Vs S.Priyadarshini on 25 Oct 2025 [Lied on the Income Affidavit, so interim maintenance reduced]
  4. Alagarsamy Vs Mangalasundari and Anr on 20 Nov 2025 []

 

Orissa High Court

  1. Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 [Maintenance reduced to a well-educated wife]

 

Patna High Court

  1. Laljee Yadav Vs The State Of Bihar on 16 September, 2011 (Importance of Section 421 Cr.P.C., arrest warrant in 125(3) Cr.P.C. cases)
  2. Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023 [Follow Rajnesh Vs Neha]
  3. Rajesh Kumar Vs Nutan Devi on 18 Feb 2025 [To enhance Maintenance amount at 5% annually; if not paid, invoke contempt of courts]
  4. Vivek Kumar Singh Vs Pallawi Kumari on 11 Mar 2025
  5. Ravi Prakash Saxena Vs Priyanka Rani on 04 Sep 2025 [Remanded case back to the same Trial Courts for fresh adjudication]

 

 

Punjab and Haryana High Court

  1. Asha Rani Vs Ranjit Singh on 11 Dec 2024 [No maintenance for Educated wife]
  2. Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 [Concealed material facts in Income Affidavit]

 

Telangana High Court

  1. Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024 [No maintenance for Deserter wife]

 

Uttarakhand High Court

  1. Anshu Gupta Vs Adwait Anand on 09 Aug 2023 [Mother liable to pay maintenance to minor child]

Index of all Maintenance judgments is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged BNSS Sec 144 - Order for maintenance of wives children and parents CPC Order 6 Rule 14A - Address for service of notice CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Follow CrPC 421 For Maintenance Recovery Not followed Guidelines in Rajnesh Vs Neha Judgment PWDV Act Sec 29 - No pre-condition to Deposit Maintenance Arrears Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr Reportable Judgement or Order Summary Post | Leave a comment

Maintenance Judgments under Hindu Marriage Act

Posted on May 21, 2018 by ShadesOfKnife

Listed below are few judgments which deal with maintenance and alimony under Hindu Marriage Act.

 

Supreme Court

  1. Chand Dhawan Vs Jawaharlal Dhawan on 11 Jun 1993 [Alimony may be granted in any case where a decree is passed/allowed]
  2. Ruchi Agarwal Vs Amit Kumar Agrawal and Ors on 5 Nov 2004 [Once MCD done with no future claims, maintenance cannot be claimed later]
  3. Rameshchandra Rampratapji Daga Vs Rameshwari Rameshchandra Daga on 13 Dec 2004 [Alimony can be granted in a null and void marriage]
  4. Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 [Full Bench decides the Reference: Alimony can be granted in a null and void marriage; upholds Chand Dhawan Vs Jawaharlal Dhawan on 11 Jun 1993 and Rameshchandra Rampratapji Daga Vs Rameshwari Rameshchandra Daga on 13 Dec 2004 and overrules other judgments]
  5. Parvin Kumar Jain Vs Anju Jain on 10 Dec 2024 [Instances of the appellant’s deliberate attempts to mislead the judicial process. He withheld critical financial documents and selectively disclosed information to conceal the full extent of his wealth; False representations by the appellant regarding his property and income; Demonstrated a pattern of deliberate suppression of material facts and assets]
  6. Rinku Baheti Vs Sandesh Sharda on 19 Dec 2024 [Settlement and MCD at 12 Crores]
  7. Rina Kumari Vs Dinesh Kumar Mahto and Anr on 10 Jan 2025 [Being successful in RCR case doesn’t automatically disqualify the wife from maintenance under 125 CrPC/144 BNSS]

 

 

Allahabad High Court

  1. Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014 [Permanent Alimony is denied]
  2. Arti Tiwari Vs Sanjay Kumar Tiwari on 04 Sep 2024 [Deserting wife is not entitled for Permanent Alimony]
  3. Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey on 21 Apr 2026 

 

Andhra Pradesh High Court

  1. Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar on 19 October, 2012 [Permanent Alimony is denied]

 

Bombay High Court

  1. Mr M Vs Mrs M on 7 February 2014 [Permanent Alimony is denied]
  2. Vijayashree Ganesh Ingle Vs Dr Nishant Arvind Kale on 08 Jan 2021 [Permanent Alimony application can be either oral or written]
  3. Rajkumar Amruthrao Guddadigi Vs Shilaja Rajkumar Guddadigi on 04 Jan 2024 [The mere fact that she is residing in the matrimonial home is not a pretext to disentitle her to a reasonable amount of maintenance under sec 24 HMA]

 

Delhi High Court

  1. Bharat Hegde vs Saroj Hegde on 24 April, 2007
  2. Pradeep Kumar Vs. Ratna Sharma on 3 July, 2009
  3. Rani Sethi vs Sunil Sethi on 31 Mar 2011 [Wife ordered to pay maintenance to Husband u/s 24 HMA, along with litigation expenses and a car for his usage]
  4. Sujit Kumar Vs Vandana on 08 Aug 2016 [Based on Bharat Hegde above from 2007]
  5. Rupali Gupta Vs Rajat Gupta on 5 September, 2016
  6. Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019 [Highly qualified Working wife not entitled to HMA 24]
  7. Mahima Chaturvedi Vs Deepak Malhotra on 26 Jul 2021 [Relies on K.N Vs R.G from Delhi HC]
  8. Poonam Sethi Vs Sanjay Sethi on 07 Jan 2022 []
  9. Niharika Kundu Vs Shankar Ghosh on 12 Sep 2023 [Highly qualified Working wife not entitled to HMA 24; Quotes Rupali and Mamta]
  10. Anju and Anr Vs Rinku Dahiya on 11 Oct 2023 [HMA 24 is not to equalize the parties; If NRIs involved, PPPI (Purchase Power Parity Index) has to be used; Interim Maintenance reduced]
  11. Nikhat Parveen Vs Rafiqui and Ors on 17 Oct 2023 [Biological father liable to pay maintenance]
  12. Rita Raj Vs Pabitra Roy Chaudhuri on 17 Oct 2025 [Permanent Alimony is denied for independent wife]
  13. Vikaramjeet Rana Vs The State of NCT of Delhi and Anr on 6 Nov 2025 [Rent maintenance under DV Act cannot continue after wife acquires property]

 

Karnataka High Court

  1. XXX Vs YYY on 27 July, 2017 (Maintenance granted from Date of Application instead from Date of Order) (Had to redact the names and addresses of the parties on the Orders of Karnataka High Court)
  2. K.Harish Kumar Vs Vanathy Rajkumar on 24 Apr 2024 [Bank statements and IT return to be produced by wife, as per Rajnesh Vs Neha]
  3. H P Komala Vs N Ravikumar on 29 Jul 2024 (Stay of divorce proceedings until arrears of interim maintenance is paid)

 

Madhya Pradesh High Court

  1. Mamta Jaiswal Vs Rajesh Jaiswal on 24 March, 2000 [Highly qualified wife not entitled to HMA 24]

 

 

Madras High Court

  1. Amarnath Vs J.Remabarathi on 22 Aug 2025 [Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance To Live Comfortably]

 

Punjab & Haryana High Court

  1. Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022 [Wife was living in adultery not entitled to maintenance u/s 25 HMA]

 

Telangana High Court

  1. Sreenivas Motupalli Vs Anjana Taggarse Motupalli on 15 Oct 2024 [Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance]

 

Index of all Maintenance judgments is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged HM Act Sec 24 - Interim Maintenance Allowed to Husband HM Act Sec 24 - Interim Maintenance Denied HM Act Sec 24 - Interim Maintenance Reduced Summary Post Work-In-Progress Article | Leave a comment

Acquittal from Criminal Matrimonial Cases

Posted on May 14, 2018 by ShadesOfKnife

Here are list of judgments where husband and/or his family and relatives acquitted from False Criminal Matrimonial Cases. These are the so called Success Stories. Hope it helps.

 

Bombay High Court:

  1. Baijnath and others vs State of Madhya Pradesh on 18, November 2016
  2. Neeraj Subhash Mehta Vs The State of Maharashtra on 13, January 2017

 

 

MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Acquitted in IPC 498A IPC 306 - Not Made Out so Acquitted Summary Post | Leave a comment

Divorce Judgments

Posted on April 30, 2018 by ShadesOfKnife

Here is the listing of divorce grant judgments on various grounds as per the Hindu Marriage Act, 1955

NOTE: This will be a running document, meaning, it will be frequently updated with judgments as and when I find them.

Supreme Court Judgments

  1. Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956 [Definition of Desertion]
  2. Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326
  3. Sureshta Devi Vs Om Prakash on 7 February, 1991 [MCD set-aside as consent was obtained fraudulently]
  4. V. Bhagat vs D. Bhagat on 19 November, 1993 [contours of “mental cruelty” defined such that parties cannot reasonably be expected to live together]
  5. Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002 [Cruelty defined; Recommended a Time limit of 90 days to file appeal against judgments in cases under HMA resulting in amendment: Act 50 of 2003 The Marriage Laws (Amendment) Act, 2003 on 2003-10-23, whereby Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only]
  6. Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 [Divorce set-aside for Mental Cruelty and character assassination of husband reasons]
  7. Naveen Kohli Vs Neelu Kohli on 21 March, 2006
  8. Samar Ghosh vs Jaya Ghosh on 26 March, 2007 [deprived of each other’s company and denial of conjugal relationship by the other spouse, with no effort by the respondent/wife to resume matrimonial relationship, is an act of cruelty]
  9. Hitesh Bhatnagar Vs Deepa Bhatnagar on 18 Apr 2011 [Mutual consent must continue till decree under Section 13B of the Hindu Marriage Act and either party can withdraw consent before divorce is granted.]
  10. Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 [constantly giving threats of suicide is cruelty]
  11. Vishwanath Vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012
  12. U.Sree Vs U.Srinivas on 11 December, 2012 [False and baseless allegation cause mental cruelty]
  13. K. Srinivas Rao vs D.A. Deepa on 22 February, 2013
  14. Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014
  15. K. Srinivas Vs K. Sunita on 19 November, 2014 [filing of the false complaint against the husband and his family members ‘regarding unsubstantiated allegations of dowry demand’ also constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act]
  16. Narendra Vs K.Meena on 6 October, 2016 [Separating husband from Parents is ground]
  17. Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 [Guidelines to waive off cooling period of 6 months in MCD cases; The statutory period (of 6 months – 18 months) contemplated under Section 13-B(2) of the Act is directory and that it is open to the Court to exercise discretion]
  18. Harjinder Singh Vs Rajpal on 17 January, 2018 [MCD with 22 lakhs settlement]
  19. Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019 [Filing false cases solid ground for Divorce on the ground of Cruelty]
  20. Mangayarkarasi Vs M Yuvraj on 03 March 2020 []
  21. Amit Kumar Vs Suman Beniwal on 11 Dec 2021 [Further Guidelines to waive off cooling period of 6 months in MCD cases]
  22. N.Rajendran Vs S.Valli on 03 Feb 2022 [Dead Marriage dissolved under power of Article 142 of the Constitution]
  23. Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 [Landmark Judgment on Dead Marriages]
  24. Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 [Landmark Judgment on Dead Marriages]
  25. Kiran Jyot Maini Vs Anish Pramod Patel on 15 Jul 2024 [Interim Maintenance granted in DVC; Marriage terminated under Article 142; Alimony of 2 Crore granted]
  26. Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: Landmark Judgment on Dead Marriages, since the couple lived together only for 80 days and have lived separately since, multiple litigations against each other and no child, the marriage is dead; Rs.25 Lakhs alimony granted]
  27. Vibhor Garg Vs Neha on 14 Jul 2025 [Electronic recording is evidence and no violation of right to privacy]
  28. Pradeep Bhardwaj Vs Priya on 15 July 2025 [ Divorce granted under Article 142 citing irretrievable breakdown after 16 years of separation and enhanced maintenance]
  29. Vishnu Dutt Sharma Vs Manju Sharma on 27 Feb 2009
  30. Ann Saurabh Dutt Vs Lieutenant Colonel Saurabh Iqbal Bahadur Dutt on 12 May 2026 [SC : A wife pursuing her career and prioritising her child’s welfare cannot be accused of cruelty or desertion.]

Andhra Pradesh High Court

  1. Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2.  

Allahabad High Court

  1. Layak Singh Vs Ekta Kumari on 21 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]

Bombay High Court

  1. Devendra Vs Trupti Devendra on 27 Sep 2022 [Seeking maintenance for daughter after MCD]
  2. Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024 [Waiting of cooling off period; if conditions in Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 are met]
  3.  

Calcutta High Court

  1. Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

Chhattisgarh High Court

  1. Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025 [Once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband]

Delhi High Court

  1. Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008 [MCD obtained; 3 years later disputed]
  2. Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019 [Divorce set-aside]
  3. Deepti Kapur Vs Kunal Julka on 30 June 2020 [In a contest between right to privacy and right to fair trial, both of which arise under expansive Art. 21, right to privacy may have to yield to right to fair trial]
  4. Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 [Long continuous separation; false allegations;Irretrievable Breakdown of Marriage]
  5. Mamta Vs Pradeep Kumar on 05 Sep 2023 [Irretrievable Breakdown of Marriage]
  6. Pallavi Mohan Vs Raghu Menon on 12 Sep 2023 [Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only. For any other cases like Maintenance cases u/s 125 Cr.P.C. the time limit is 30 days only because Parliament did not amend the FC Act yet!]
  7. Deepti Vs Anil Kumar on 19 Sep 2023 [Family Courts cannot grant divorce on ground of Irretrievable Breakdown of Marriage]
  8. Gaurav Nighawan Vs Shweta on 05 Jan 2024 [Cruelty not established but desertion is implicitly established]
  9. Payal Sethi Vs Rohit Sethi on 09 Jan 2024 [repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty; relies on decisions of Apex Court in Mangayarkarasi, K Srinivas, Pankaj Mahajan]
  10. Nikhil Wadhawan Vs Priti Wadhawan on 05 Feb 2024 [Unwarranted interference of the parents and the family members of the respondent in the matrimonial life of the appellant]
  11. Kanwal Kishore Girdhar Vs Seema Girdhar on 28 Feb 2024 [Alleging false adultery and igniting animosity in children towards father is cruelty, valid ground for divorce]
  12. Pramod Vs Umesh at Poonam on 01 Mar 2024 [False and baseless allegation cause mental cruelty]
  13. Shivi Bansal Vs Gaurav Bansal on 16 Jul 2024 [Impleadment of Paramour is not necessary to decide divorce petition on adultery ground]

Jharkhand High Court

  1. Dr. Pankaj Kumar Vs Prerna on 16 Dec 2020 [Time limit to file appeal against judgments in cases under HMA, SMA is 90 days but not 30 days as prescribed under FC Act]

Karnataka High Court

  1. Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023 (MCD after settlement)
  2. Sushil Daddimani and Anr Vs Nil on 27 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  3. H P Komala Vs N Ravikumar on 29 Jul 2024 (Stay of divorce proceedings until arrears of interim maintenance is paid)

Kerala High Court

  1. Vishnudas H. and Anr Vs Nil on 27 Jul 2020 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2. Arun K.R Vs Arunima T.S on 24 Mar 2025 [Husband Doesn’t Show Interest In Sex, Prefers Only Spiritual Pursuits]
  3. Anup Disalva and Anr Vs Union of India on 09 Dec 2022 [Cooling off period is optional]
  4. Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 [Divorce upheld on cruelty ground]

Madras High Court

  1. R.Natarajan Vs. Sujatha Vasudevan on August 29, 2011
  2. V.Rajesh Vs S.Anupriya on 04 Jun 2025 [Unestablished allegations of sexual harassment is cruelty]
  3. Shivkarthik G.S and Anr Vs Nil on 04 Sep 2025 [Waiving of cooling off period in a Christian Divorce by Mutual consent]

Madhya Pradesh High Court

  1. Smt. Sangita Nigam Vs Saurabh Nigam on 22 November, 2017 (Also Desertion ground)
  2. Aarti Vs Kishan Meena on 22 Aug 2024 (Cruelty and Desertion grounds)
  3. Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025 [Illegally obtained WhatsApp chat is admissible as evidence in a Family Court]

Patna High Court

  1. Rekha Devi Vs Mahesh Kumar on 16 January, 2018
  2. Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 [No evidence for mental disorder (schizophrenia) so divorce denied]

Punjab and Haryana High Court

  1. Shashi Vs Sunny Bhumbla on 9 January, 2012 (MCD with 1.25 lakhs settlement)
  2. Pratham Singh vs Rajesh on 3 December, 2014 (Also Desertion ground)
  3. Jagbir Singh vs Nisha on 11 March, 2015

Telangana High Court

  1. Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
  2. Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 [Evidence for Divorce in first Marriage, impleadment of a co-respondent, Desertion and status of previous marriage]

MASTER SITEMAP here.

Frequently Asked Questions (FAQs) – Divorce Law in India

The Hindu Marriage Act, 1955 (Section 13) provides several grounds for divorce, including:

  • Cruelty (mental or physical)
  • Desertion for a continuous period
  • Adultery
  • Mental disorder
  • Conversion to another religion
  • Venereal disease
  • Renunciation of the world
  • Presumption of death

Many judicial decisions interpret these grounds and clarify what conduct qualifies as cruelty or desertion.

Mental cruelty refers to conduct that causes severe emotional suffering or mental distress to a spouse, making it impossible to continue marital life. Courts have held that false criminal complaints, humiliation, threats, or persistent harassment can constitute mental cruelty.

Desertion occurs when one spouse abandons the other without reasonable cause and without consent, with the intention of ending marital cohabitation. Courts evaluate both physical separation and intention to desert while deciding such cases.

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act allows spouses to dissolve their marriage by agreement. Both parties must jointly state that they have been living separately and cannot live together anymore.

The Supreme Court has clarified that the six-month cooling-off period under Section 13-B(2) is not mandatory and can be waived by courts if the marriage has irretrievably broken down and reconciliation is not possible.

The Supreme Court of India, using its powers under Article 142 of the Constitution, can dissolve a marriage when it finds that the relationship has irretrievably broken down and there is no possibility of reconciliation.

However, ordinary family courts cannot grant divorce solely on this ground unless recognised under law

Yes. Courts have repeatedly held that false accusations of adultery, dowry harassment, or criminal misconduct against a spouse may amount to mental cruelty, which is a valid ground for divorce.

Yes. Judicial decisions have held that continuous threats or attempts of suicide by a spouse can amount to mental cruelty, as it causes severe emotional distress and makes matrimonial life intolerable.

Under Section 14 of the Hindu Marriage Act, a divorce petition cannot ordinarily be filed within one year of marriage. However, courts may allow it earlier if there are exceptional circumstances or extreme hardship.

Yes. Courts may grant permanent alimony or maintenance under Section 25 of the Hindu Marriage Act depending on factors such as income, financial condition, and needs of the spouse.

Courts have increasingly accepted electronic evidence such as recordings, messages, and digital communications if they are relevant and admissible under the Indian Evidence Act.

Yes. A divorce decree can be challenged by filing an appeal before a higher court within the statutory time limit. Courts can set aside divorce orders if they find procedural errors, fraud, or lack of evidence.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Consent For MCD Disputed HM Act 13 - Divorce Granted to Husband HM Act 13(B) - MCD Granted After Settlement Sandeep Pamarati Summary Post Work-In-Progress Article | Leave a comment

Perjury Judgments

Posted on April 27, 2018 by ShadesOfKnife

Is it a crime to lie under oath in India?

Yes.

Any person can ‘seek the Public Servant to initiate Perjury Proceedings’

Section 340 of Cr.P.C. contains the law procedure that has to be followed in Perjury proceedings. The provision from BNSS is Section 379.

Section 195 of Cr.P.C contains offences against public justice and for offences relating to documents given in evidence.

Court can initiate Perjury Proceedings, Suo moto

Section 344 of Cr.P.C contains the law procedure that the Court can invoke against any witness appearing in such proceeding who had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding.

These are 30+ various provisions under the Indian Penal Code (IPC) that cater to definition and punishment for various perjuries of opposite parties and other public servants.

As per CrPC sec 195(1)(a), the following is the list of 18 provisions of contempt to the lawful authority of public servants. Key here is, a complaint can only be filed by such public servant or by a superior officer of such public servant. Generally Police folks and their bosses, but there is not much history of police filing complaints to Court for the following offences.

IPC 172: Absconding to avoid service of summons or other proceeding
IPC 173: Preventing service of summons or other proceeding, or preventing publication thereof
IPC 174: Non-attendance in obedience to an order from public servant
IPC 174A: Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
IPC 175: Omission to produce document to public servant by person legally bound to produce it
IPC 176: Omission to give notice or information to public servant by person legally bound to give it
IPC 177: Furnishing false information
IPC 178: Refusing oath or affirmation when duly required by public servant to make it
IPC 179: Refusing to answer public servant authorised to question
IPC 180: Refusing to sign statement
IPC 181: False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
IPC 182: False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 183: Resistance to the taking of property by the lawful authority of a public servant
IPC 184: Obstructing sale of property offered for sale by authority of public servant
IPC 185: Illegal purchase or bid for property offered for sale by authority of public servant
IPC 186: Obstructing public servant in discharge of public functions
IPC 187: Omission to assist public servant when bound by law to give assistance
IPC 188: Disobedience to order duly promulgated by public servant

For these 18 offences, an application u/s 340 CrPC can not be filed. Also no private complaint under 190/200 CrPC is maintainable by any other person, but representations may be made to the SHO of the Police Station concerned or to the Office of SP/CP.

As per CrPC sec 195(1)(b), the following is the list of 16 provisions of contempt to the lawful authority of Courts. Key here is, a complaint can only be filed by such Court or by such officer of the Court as that Court may authorise in writing in this behalf, or by a superior Court of such Court. Generally Trial Courts and their Appellate Courts. Again no private complaint under 190/200 CrPC is maintainable. For these 16 offences, an application u/s 340 CrPC can be filed; even by a stranger to the case.

IPC 193: Punishment for offenses u/s 191 & 192 IPC
IPC 194: Giving or fabricating false evidence with intent to procure conviction of capital offence
IPC 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 195A: Threatening any person to give false evidence
IPC 196: Using evidence known to be false
IPC 199: False statement made in declaration which is by law receiva­ble as evidence
IPC 200: Using as true such declaration knowing it to be false
IPC 205: False personation for purpose of act or proceeding in suit or prosecution
IPC 206: Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
IPC 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution
IPC 208: Fraudulently suffering decree for sum not due
IPC 209: Dishonestly making false claim in Court
IPC 210: Fraudulently obtaining decree for sum not due
IPC 211: False charge of offence made with intent to injure
IPC 228: Intentional insult or interruption to public servant sitting in judicial proceeding

Terms used in judgments are misrepresentation, unclean hands, fraud on court, misuse of administration of justice etc if you are searching for judgments online.

Here are the judgments for your usage in your cases under above IPC sections.

IMP NOTE: Apart from the listed (and implied) sections, there are many more provisions of IPC which can be filed as a direct complaint as per 154 CrPC, 155 CrPC or 190/200 CrPC. The said procedure under sec CrPC 340 does not apply to those sections. Like IPC 218 etc.

Additionally, such contemnors are liable for punishment under Contempt of Courts Act, 1971 as well, at the State High Court.

  1. Muthu Karuppan Vs Parithi Ilamvazhuthi and Anr on 15 Apr 2011

Supreme Court Judgment

  1. M.S.Sheriff Vs The State of Madras and Others on 18 March, 1954 (Landmark:  Dispose Perjury First, especially dispose off criminal cases first then take up civil matters)
  2. Santokh Singh Vs Izhar Hussain and Anr on 25 Apr 1973 [Landmark: No application of IPC 211 on Police]
  3. K. Karunakaran Vs T. V. Eachara Warrier on 16 November, 1977
  4. Baban Singh And Anr Vs Jagdish Singh & Ors on 8 February, 1966
  5. S.P Chengalvaraya Naidu Vs Jagannath on 27 Oct 1993 [Landmark: judgment or decree obtained by fraud is to be treated as a nullity]
  6. Chandra Shashi Vs Anil Kumar Verma on 14 November, 1994 [2 weeks imprisonment for husband for the Contempt of Court]
  7. Dhananjay Sharma Vs State Of Haryana And Ors on 2 May 1995 [Imprisonment For Contempt Of Court due to filing of false affidavits]
  8. Dr. Buddhi Kota Subbarao Vs Mr. K.Parasaran and Ors on 13 Aug 1996 [Landmark: Suppression of material facts]
  9. Sachida Nand Singh and Anr Vs State of Bihar and Anr on 3 February, 1998
  10. Swaran Singh Vs State of Punjab on 26 Apr 2000 [A trial Judge knows that the witness is telling a lie and is going back on his previous statement, yet he does not wish to punish him or even file a complaint against him. He is required to sign the complaint himself which deters him from filing the complaint.]
  11. Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 []
  12. Pritish Vs State Of Maharashtra & Ors on 21 November, 2001 [SC: Formation of an opinion by the court (before which proceedings were to be held) that it is expedient in the interest of justice that an inquiry should be made into an offence which appears to have been committed. Preliminary enquiry not mandatory and no need to issue notices to perjuror]; (Dispose Perjury First)
  13. Messers S.J.S. Business Enterprises Vs State of Bihar and Ors on 17 Mar 2004 [Concealment/Suppression of facts should be material facts, not any other facts]
  14. Iqbal Singh Marwah & Anr Vs Meenakshi Marwah & Anr on 11 March, 2005
  15. Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008 [Landmark: Initiate perjury proceedings more effectively and frequently]
  16. K.D. Sharma Vs Steel Authority Of India Ltd. and Ors. on July 09, 2008 [Landmark: Suppression of material facts]
  17. Dalip Singh Vs State Of U.P. & Ors on 3 December, 2009 [‘who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.‘]
  18. Meghmala & Ors Vs G.Narasimha Reddy & Ors on 16 August, 2010
  19. Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010 [Landmark: Unclean hands principle applies to all litigation not just those under Articles 32, 226 and 136 of the Constitution]
  20. Ramrameshwari Devi and Ors Vs Nirmala Devi and Ors on 4 July, 2011
  21. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011
  22. Maria Margadia Sequeria Fernandes and Ors Vs Erasmo Jack De Sequeria (D) thru LRs on 21 Mar 2012 [Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings]
  23. Kishore Samrite Vs State of U.P. and Ors on 18 October, 2012 [Landmark: Suppression of material facts]
  24. Perumal Vs Janaki on 20 January, 2014
  25. Sanjay Kumar Vs State of Bihar and Anr on 28 Jan 2014 [If the pleadings in a civil matter are false, the petitioner is liable for perjury]
  26. Sciemed Overseas Inc. Vs BOC India Limited & Ors on 11 January, 2016
  27. Amarsang Nathaji As Himself Vs Hardik Harshadbhai Patel And Ors on 23 November, 2016 [SCI: It was held that, it must be expedient in the interest of justice to initiate an inquiry u/s 340 CrPC]
  28. State Of Goa Vs Jose Maria Albert Vales @ Robert Vales on 18 Aug 2017 (Cites MS Sheriff)
  29. Sarvepalli Radhakrishnan University and Anr Vs UOI and Ors 07 January, 2019 (Cites Madras High Court Advocates Association)
  30. Narendra Kumar Srivastava Vs State of Bihar on 4 Feb 2019 [No perjury can be initiated via a Private complaint; just like the correct element in Perumal Vs Janaki]
  31. Aarish Asgar Qureshi Vs Fareed Ahmed Qureshi on 26 February, 2019 (Bombay HC order for Perjury inquiry was set aside by SC)
  32. Sasikala Pushpa and Ors Vs State of Tamil Nadu on 07 May 2019
  33. State of Punjab Vs Jasbir Singh on 26 Feb 2020 [Is preliminary inquiry mandatory u/s 340 CrPC? Referred to Large bench]
    • State of Punjab Vs Jasbir Singh on 15 Sep 2022 (Relying on Iqbal Singh Marwah here, the above reference was decided, holding that preliminary inquiry is NOT mandatory u/s 340 CrPC)
  34. Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 (Cites Madras High Court Advocates Association)
  35. MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020
  36. Bhima Razu Prasad Vs State of Tamil Nadu on 12 Mar 2021
  37. Himanshu Kumar and Ors Vs State of Chhattisgarh and Ors on 14 Jul 2022 [affidavit is ‘evidence’]
  38. Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (Relies on Chengalvaraya above)
  39. Kuldeep Kumar Vs U.T. Chandigarh and Ors on 20 Feb 2024 [Presiding Officer made a false statement and CJI ordered to initiate perjury proceedings]
  40. James Kunjwal Vs State of Uttarakhand and Anr on 13 Aug 2024 [Landmark: When perjury proceedings can be initiated]
  41. Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024 [Costs imposed for lying in pleadings]
  42. Rekha Sharad Ushir Vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd on 26 Mar 2025 [Relying on S.P Chengalvaraya Naidu Vs Jagannath, says that those who indulge in suppressing material facts need to be thrown out of the court]
  43. Vishnu Vardhan Vs State of UP and Ors on 23 Jul 2025 [Fraud vitiates everything; the order was obtained by a successful party by practising or playing fraud, it is vitiated.]
  44. Neha Lal Vs Abhishek Kumar on 20 Jan 2026 [Perjury must be continued]

 

Allahabad High Court Judgment

  1. Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003 (Dispose Perjury First)
  2. Garima Srivastava Vs State of U.P. and another on 19 January, 2010
  3. Mahesh Tiwari Vs State Of U.P. And Another on 24 August, 2016
  4. Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016
  5. Amit Bajpai v. State of U.P. and Anr on 15 Dec 2023 (Dispose Perjury First)
  6. Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (Dispose Perjury First)

 

Andhra Pradesh High Court Judgment

  1. Yalala Swapna Vs The Hindustan Petroleum Corporation Ltd. Mumbai and anr on 09 June, 2009
  2. P.Parameshwar Reddy Vs The State Of Telangana on 10 August, 2015
  3. Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015
  4. Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 (Number the 340 CrPC Perjury application first and dispose it on merits)

 

District Courts:

  1. State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 []

 

 

Bombay High Court Judgment

  1. Kenneth Desa and another Vs Gopal on 11 July 2007
  2. Arun Kashinath Deshpande Vs Smt.Inumati Ramchandra Deo on 8 April, 2010
  3. Shriram Munjaji Raut Vs The State of Maharashtra on 14 March, 2011
  4. Fareed Ahmed Qureshi Vs State of Maharashtra on 7 March, 2018 (Set aside by SC)
  5. Union Of India And Ors Vs Haresh Virumal Milani on 26 April, 2018
    1. Union Of India And Ors Vs Haresh Virumal Milani on 11 June, 2018 (Typo Corrected)
  6. Surendra Vishwanath Mishra Vs The State of Maharashtra on 18 February, 2019 (Dispose Perjury First)

 

Calcutta High Court Judgment

  1. Arijit Sarkar Vs Monosree Sarkar and Ors on 09 January, 2017 (evidence is not recorded in a case)
  2. Bhriguram De Vs State of West Bengal and others on 20 September, 2018

 

Delhi High Court Judgment

 

    1. M/s Jindal Polyster Ltd Vs Rahul Jaura on 18 Oct 2005  
    2. Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008 (Liars should be made to pay for enjoying illegal benefits)
    3. Jagdish Prasad Vs State and Others on 23 March, 2009 (Prima Facie opinion on Perjury)
    4. Punjab tractors ltd Vs M/s International Traders ltd and Ors on 18 Sep 2009  
    5. Rajkumar Indoria Vs NCT Of Delhi, New Delhi on 18 August, 2010 (Prima Facie opinion on Perjury)
    6. Sanjeev Kumar Mittal Vs The State on 18 November, 2010
    7. HS Bedi Vs National Highway Authority Of India on 22 January, 2016 (Under Section 209 IPC)
      1. HS Bedi Vs National Highway Authority Of India on 14 May, 2015
    8. MS Gokaldas Paper Products Vs MS Lilliput Kidswear Ltd Anr on 5 Apr 2023 [Perjury proceedings initiate in Contempt proceedings!]
    9. Sachin Kumar Daksh Vs Mamta Gola and Anr on 16 Feb 2024 [Allowed Revised Income affidavit as per Rajnesh Vs Neha judgement though held that earlier affidavit is not obliterated]
    10. McDonalds India Ltd Vs State of NCT of Delhi and Anr on 12 Jan 2026 [No perjury]

 

 

Gujarat High Court Judgment

  1. Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr on 26 August, 2010
  2. Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012
  3. Sejalben Tejasbhai Chovatiya & vs State Of Gujarat on 20 October, 2016

 

Jammu & Kashmir and Ladhak High Court Judgment

  1. Fayaz Ahmad Rather Vs Union Territory of J&K and Ors on 11 Jan 2023 [Perjury directly before High Court; costs levied Rs.1,00,000/-]
  2. Roshan Lal Tickoo Vs Predimant Krishan Tickoo on 02 Aug 2024 []

 

Karnataka High Court Judgment

  1. Veerabhadraiah Swamy and Ors Vs Veerupakshi and Ors on 23 Jun 2021 (Relies on Chengalvaraya)
  2. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 (Refers to Swaran Singh and Mahila Vinod Kumari)
  3. Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
  4. Dr.Praveen R Vs Dr.Arpitha on 31 Aug 2021 [Courts must promptly consider perjury applications in matrimonial cases when suppression of income is established on record.]

 

Karnataka High Court Judgment

  1. Sajith N.K. Vs Jishabai Puthukudi and Anr on 03 Aug 2023 [Private complaint u/s 200 Cr.P.C. is not maintainable for a perjury case]

 

Madhya Pradesh High Court Judgment

  1. Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022 [False Statement Which Doesn’t Affect the Outcome of Case Can’t Invoke 340 CrPC Proceedings]
  2. Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026 [Police can not register FIR without any explicit Order from a Magistrate under 340 CrPC/379 BNSS]

 

Madras High Court Judgment

  1. Karthick Vs The Commissioner of Police on 8 July, 2013
  2. S.Mukanchand Bothra Vs Rajiv Gandhi Memorial Educational Charitable Trust Chennai and Ors on 22 December, 2015 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218]
  3. Sulochana Vs Thiru. R.Sivasamy on Pronounced on 24 May, 2017 (Under Section 209 IPC)
  4. A.Radhika Vs Wilson Sundararaj on 26 Feb 2021 [No application of IPC 211 against Investigating Police officers; Possibility of IPC 218; Cites Mukanchand Bothra]

 

Punjab and Haryana High Court Judgment

  1. Sunny Bhumbla Vs Shashi on 25 January, 2010
  2. Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022
  3. Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022
  4. Kamaljeet Kaur and Anr Vs Harbhajan Singh and Anr on 26 Aug 2022

 

High Court for the State of Telangana Judgment

  1. Mohd. Ghouse Khan Vs State of Telangana on 15 Oct 2019 (Dispose Perjury First)
  2. Pulipati Srinivas Vs State of Telangana and Ors on 14 Feb 2024 [Imposed exemplary costs of Rs.15 Lakhs, on both the Writ petitioner and his Counsel]

 

 

Uttarakhand High Court Judgment

  1. Chandra Shekhar Kargeti Vs State of Uttakhand on 8 August, 2018

 

Go here for Cases where Perjury Proceedings were initiated.

MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CrPC 340 read with CrPC 195 CrPC 344 - Summary procedure for trial for giving false evidence IPC 193 - Punishment for false evidence Justice Dalveer Bhandari Perjury - Approached Court with Unclean Hands Perjury - Costs Levied or Imprisonment For Perjury Perjury - Judgment or Decree Obtained by Playing Fraud on the Court is a Nullity and Non Est Perjury - Preliminary Inquiry Not Mandatory Perjury Under 340 CrPC Reportable Judgement or Order Summary Post Work-In-Progress Article | 1 Comment

Decisions of Civil Courts are binding on the Criminal Courts

Posted on April 16, 2018 by ShadesOfKnife

Listed here are Judgments in support of legal point

Decisions of Civil Courts are binding on the Criminal Courts

  1. Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
  2. Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016
  3. Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002
  4.  
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Civil Courts Decisions Binding Criminal Courts Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Supreme Court and High Court Judgments to cite in Discharge (u/s 227 or 239) or Quash petition (u/s 482)

Posted on April 6, 2018 by ShadesOfKnife

Here is a list the Supreme Court of India judgments applicable to various legal grounds to go for Discharge u/s 227 or 239 or 245 and Quash u/s 482.

Included few High Court judgments too for reference. Read the individual judgments to find the operative text of the respective judgments.

There are quite a few legal grounds on the basis of which a case can be discharged at Magistrate/Sessions Court or Quashed (High Court and Supreme Court).

Note1: Read State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 to understand that during Quash proceedings at High Court, Evidence of Sterling/Unimpeachable Quality from Defence/Accused can be adduced to dismantle the case of Prosecution at Trial Court.)

Note2: Second 482 CrPC petition is maintainable as per Landmark judgment in ‘Superintendent and Remembrancer of Legal Affairs West Bengal Vs Mohan Singh and Ors on 08 Oct 1974‘.

Note3: A Petition under section 482 CrPC is maintainable even when a Revision is available under 397/401 CrPC says, ‘Dhariwal Tobaco Products Ltd and Ors Vs State of Maharashtra and Anr on 17 Dec 2008‘. This view is re-affirmed by a 3-Judge bench of Supreme Court in, Prabhu Chawla Vs State of Rajasthan and Anr on 05 Sep 2016.

Note4: Read recent landmark decision of a Full bench of the Apex Court on when to/not to Quash a FIR/case in ‘Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors‘ [2021 SCC ONLINE SC 315]

Note4: In recent landmark judgment Pradeep Kumar Kesarwani Vs State of Uttar Pradesh and Anr on 02 Sep 2025, Supreme Court issued 4-steps test/procedure to be followed by High Courts, in alleged False Rape cases.

Note: If you want to read this thread from beginning, go here.

No Jurisdiction Judgments

  1. Satvinder Kaur vs State (Govt. Of N.C.T. Of Delhi) on 5 October, 1999 (1999) 8 SCC 728
  2. Y. Abraham Ajith & Ors Vs Inspector Of Police, Chennai & Anr on 17 August, 2004
  3. Manish Ratan And Others Vs State Of M.P And Another on 01 Nov 2006
  4. Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007
  5. Bhura Ram And Ors vs State Of Rajasthan & Anr on 2 April, 2008
  6. Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012 (Includes delay in complaint, vague allegations)
  7. Sivangala Thandi Deepak & Others Vs The State of A.P. on 11 July 2014
  8. Amarendu Jyoti And Others vs. State Of Chhattisgarh And Others on 4 Aug, 2014
  9. Sudhir Mansinghka Vs State (Govt Of Nct Of Delhi) & Anr on 4 August, 2015
  10. Amit Kumar Yadav And Others vs State Of Telangana on 11 September, 2015 (AP High Court judgment; Includes delay in complaint, perjury)
  11. G.Ramamoorthy Vs The State Of Karnataka on 31 July, 2017
  12. Manoj Vishwakarma & Ors vs The State Of Bihar & Anr on 12 September, 2017
  13. Vishnu Mohan Jha & Ors vs The State Of Bihar & Anr on 21 November, 2017
  14. Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018
  15. Rupali Devi Vs State of UP and Ors on 09 April, 2019 (Bad law: No territorial Jurisdiction is applicable in 498A IPC cases); Interestingly, no other new/overruling judgment till date.

 

Vague and General and omnibus Allegations

  1. MS Pepsi Foods Ltd and Anr Vs Spl JM and Ors on 4 November, 1997 (Complaint Case)
  2. Ashok Chaturvedi and Ors Vs Shitul H Chanchani and Anr on 13 August, 1998 (Complaint Case)
  3. B.S. Joshi & Ors Vs State Of Haryana & Anr on 13 March, 2003 (High Courts can quash a FIR or non-compoundable cases also not listed under CrPC 320)
  4. Neelu Chopra and Anr Vs Bharti on 7 October, 2009
  5. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010
  6. Joseph Salvaraj A Vs State of Gujarat and Ors on 4 Jul 2011 [SC: Quash can be done even after charge sheet is filed by Police]
  7. Gian Singh Vs State Of Punjab & Anr on 24 September, 2012 (Scenarios when a criminal proceeding can be quashed)
  8. Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana Rao and others on 25 September, 2012
  9. Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
  10. Sandeep Singh Bais Vs The State Of Madhya Pradesh on 9 March, 2017
  11. Nafisa Anjum Vs State of Chhattisgarh on 26 Sep 2018 [Chattisgarh HC: DV on relatives quashed who do not have shared household]
  12. Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 (AP High Court)
  13. Anil Kumar and 2 Ors Vs State of A.P. Anr on 03 Apr 2019 (Telangana High Court: No evidence of Dowry Transaction)
  14. Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (Conviction of 498A IPC set aside due to settlement; Cites BS Joshi caselaw)
  15. Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (498A IPC quashed due to General and Omnibus allegations)
  16. Krishnanand Mishra and Anr Vs State of Jharkhand on 09 Aug 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
  17. Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 [Package of 5 cases laid on parents of husband]
  18. Abhishek Gour Vs State of MP on 31 Aug 2023 [SC: Quash can be done even after charge sheet is filed by Police]
  19. Rakesh Rajput and Anr Vs State of Jharkhand and Anr on 31 Oct 2023 [Jharkhand HC: Misuse of Section 498A IPC; General and Omnibus allegations]
  20. Mamta Shailesh Chandra Vs State of Uttarakhand and Ors on 29 Jan 2024 [SC: Quash can be done even after charge sheet is filed by Police]
  21. Mainoddin Vs State of Karnataka on 02 Feb 2024 [Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
  22. Mamida Anil Kumar Reddy Vs State of AP and Anr on 05 Feb 2024 [Relying on Kahkashan Kausar @ Sonam Vs State of Bihar, Apex Court trashed the nonsensical decision of AP High Court]
  23. Rajesh Aggarwal and Anr Vs State of NCT Delhi and Anr on 12 Mar 2024 [DHC: Relied on Kahkashan Kausar @ Sonam Vs State of Bihar]
  24. Mathi Vijaya Lakshmi and Ors Vs State of Telangana and Anr on 03 May 2024 [TelHC: Relied on Category 1 of Bhajan lal and Preethi Gupta]
  25. CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024 [KarHC: Relied on Kahkashan Kausar]
  26. Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024 [SC: FIR can be quashed even after filing of CS]
  27. Dara Lakshmi Narayana and 6 Ors Vs State of Telangana and Anr on 10 Dec 2024 [SC: Counterblast case]
  28. Ghanshyam Soni Vs State (NCT of Delhi) and Anr on 04 Jun 2025 [DHC: Making generic and ambiguous allegations is abuse of process of law]
  29. Raj Kamal Yadav and Anr Vs Manju Yadav and Other on 7 Aug 2025 [DHC: Making generic and ambiguous allegations against distant relatives is abuse of process of law]
  30. Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 [BomHC : holding allegations were vague, exaggerated, and not grave enough to constitute cruelty under IPC.]
  31. Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025 [SC: Making generic and ambiguous allegations is abuse of process of law, Vague and general allegations cannot lead to forming of a prima facie case]
  32. Asha G Vs State of Karnataka on 6 Jan 2026 [KarHC : Neighbours cannot be prosecuted under Section 498A IPC]
  33. Asish Bera & Ors. v. The State of West Bengal & Anr on 30 Jan 2026 [CalHC : Quashed due to lack of material and duplicate complaints.]
  34. Dr.Sushil Kumar Purbey and Anr Vs The State of Bihar and Ors on 9 Mar 2026 [SC :Quashed criminal proceedings against in-laws, held that identical omnibus allegations cannot justify differential treatment]
  35. Charul Shukla Vs State of UP and Ors on 25 Mar 2026 [SC : FIR against in-laws quashed due to vague allegations, lack of evidence, and unexplained delay.]
  36. Sivaraman Nair and Ors Vs State of Kerala and Anr on 24 Apr 2026 [SC : Quashes criminal proceedings against in-laws, emphasising absence of specific allegations and misuse of criminal law in matrimonial disputes.]

 

Allegations do not attract provisions of Sections in FIR

  1. R.P. Kapur Vs State of Punjab 25 March, 1960
  2. Dr.N.G.Dastane Vs. Mrs.S.Dastane on 19 March, 1975
  3. State of Karnataka Vs. L. Muniswamy AIR 1977 SC 1489 [Inadequate material to sustain the charge of prosecution]
  4. Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18
  5. State Of Haryana Vs Ch Bhajan Lal on 21 November, 1990 [A set of subsequent case laws arose from this landmark judgment]
  6. Richhpal Kaur v. State of Haryana and Anr. 1991 (2)
  7. V. Bhagat vs D. Bhagat on 19 November, 1993 AIR 1994 SC 710
  8. State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219
  9. Satish Mehra Vs Delhi Administration and Anr on 31 July 1996
  10. Shobha Rani v Madhukar Reddy AIR 1998 SC 121
  11. Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414
  12. Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078
  13. Savitri Devi Vs Ramesh Chand And Ors. on 19 May, 2003 (Delhi High Court)
  14. Manju Ram Kalita vs State Of Assam on 29 May, 2009 (Conviction under IPC 498A set aside)
  15. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
  16. U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009 (Concubine is not a relative of husband)
  17. Shakson Belthissor Vs State Of Kerala & Anr on 6 July, 2009 [Allegations do not attract 498A IPC ingredients]
  18. Vijeta Gajra Vs State Of Nct Of Delhi on 7 July, 2010
  19. Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010 [SC: Family members who are residing away from accused No.1 cannot be roped into the case]
  20. Sunita Jha Vs State Of Jharkhand & Anr on 13 September, 2010
  21. S Praveen Vs State Of Karnataka on 25 June, 2012
  22. Asha Devi & Ors. Vs The State Of Bihar & Anr. on 24 July, 2012
  23. Banti And Others vs State Of U.P. And Another on 31 August, 2012
  24. Movva Raja Ram Vs State Of A.P. on 18 June, 2013
  25. State Of Punjab Vs Gurmit Singh on 2 July, 2014
  26. Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014 (Concubine is not a relative of husband; IPC 494 is not applicable on concubine)
  27. Deepika Tiwary Vs State Of Jharkhand on 6 January, 2015
  28. Gayathri Kunjithaya Vs State Of Kerala On 19 January 2015
  29. Rajinder Singh Vs State of Punjab on 26 February 2015 [Overruled Appasaheb and Vipin Jaiswal]
  30. Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
  31. Shaik Riayazun Bee Vs The State Of A.P. on 1 June, 2016
  32. Varala Bharath Kumar Vs The State Of Telangana on 5 September, 2017 [Allegations do not attract 498A and 406 IPC ingredients]
  33. Subramani Vs The Sub-Inspector Of Police on 31 October, 2017 (Marriage should be there, to apply IPC 498A)
  34. K R Nandakumar Vs State Of Karnataka on 16 March, 2018
  35. K. Subba Rao Vs The State Of Telangana on 21 August, 2018
  36. Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 11 Nov 2020 [allegations do not attract the provision of IPC 306; Separate FIRs Filed At Different Jurisdictions And In Same Incident Under Same Offence NOT allowed]
  37. Samad Habib Mithani and Ors Vs State of Maharashtra and Anr on 25 Jul 2024 [relying on R.P. Kapur Vs State of Punjab, Family members cannot be roped into the case]
  38. Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024 [relying on R.P. Kapur Vs State of Punjab, Achin Gupta Vs State of Haryana and Bhajan Lal, quashed proceedings; 211 IPC also suggested]
  39. Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024 [MPHC:absence of specific date and time when the complainant-wife was subjected to the demand of dowry is sufficient to quash Dowry demand allegation]

 

Maliciously Instituted/ Counterblast cases/ Delay Not explained Cases

  1. State of Karnataka Vs M. Devendrappa and Anr on 16 Jan 2002 [Category 7 of Bhajan lal; Counterblast case]
  2. Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007 [Time-barred u/s 468]
  3. Priya Vrat Singh & Ors Vs Shyam Ji Sahai on 5 August, 2008
  4. State Of A.P Vs M. Madhusudhan Rao on 24 October, 2008
  5. MS Eicher Tractors Ltd and Ors Vs Harihar Singh and Anr on 7 Nov 2008 [Category 7 of Bhajan lal; Counterblast case]
  6. Sundar Babu & Ors Vs State Of Tamil Nadu on 19 February, 2009
  7. Office of the Chief Post Master Vs Living Media India Ltd on 24 February 2012 [Various liberal principles in condoning delays under Sec 5 of Limitation Act; Time limitation applies to Govt instrumentality-appellant]
  8. Rajiv Thapar and Ors Vs Madan Lal Kapoor on 23 January, 2013 [SC: guidelines to/not to quash/discharge]
  9. Vineet Kumar And Ors Vs State Of UP & Anr on 31 March, 2017
  10. State vs Mumtaz Ali & Anr on 8 August, 2017
  11. Chandresh Shrivastava Vs The State Of Madhya Pradesh on 22 February, 2018
  12. Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020 [APHC: Counterblast case to Husband’s divorce case]
  13. Abhishek Singh Vs State of M.P. on 26 Dec 2022 [MPHC: 498A IPC covers invalid marriages also]
  14. Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 [CalHC: proceeding are instituted only to fulfil personal grudge; Category 1 of Bhajan lal]
  15. Achin Gupta Vs State of Haryana and Anr on 03 May 2024 [Category 7 of Bhajan lal; Counterblast case]
  16. Shivendra Pratap Singh Thakur Vs State of Chhattisgarh and Ors on 15 May 2024 [SC: FIR which was lodged after 39 days of the incident, does not indicate the date or time]
  17. Musin Babulal Thengade and Ors Vs State of Maharashtra and Anr on 29 Jan 2025 [BomHC: Limitation for prosecution under Section 498-A does not continue for indefinite period]
  18. Geddam Jhansi and Anr Vs State of Telangana and Anr on 07 Feb 2025 [SC: DVC proceedings quash for same allegations under Article 142 of Constitution]
  19. Arshad Neyaz Khan Vs State of Jharkhand and Anr on 24 Sep 2025 [SC: IPC 420 Vs IPC 406]

 

Material evidence required that supports allegations

  1. R.P. Kapur Vs State of Punjab 25 March, 1960
  2. Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865
  3. Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828
  4. CBI Vs Mukesh Pravinchandra Shroff and Ors on 25 November 2005
  5. Parkash Singh Badal and Anr Vs State of Punjab and Ors on 6 December 2006 [there prima facie appears existence of any material and not the sufficiency of the materials]
  6. Ran Singh and Anr. Vs. State of Haryana and Anr, Case no. appeal (Crl) 222 of 2008 arising out of SLP (Crl.) No. 3089 of 2006
  7. M. Srinivasulu v. State of A.P., AIR 2007 SC 3146
  8. Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763 [Overruled in Rajinder Singh here]
  9. Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314
  10. Sukhram v. State of Maharashtra, AIR 2007 SC 3050
  11. Vipin Jaiswal Vs State of A.P. on 13 March 2013 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961] [Overruled in Rajinder Singh here]
  12. Surinder Singh Vs State of Haryana on 13 November 2013 [Part-paid dowry is in Connection with Marriage]
  13. M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020 [Demand of Property has to be in connection with marriage, as per Sec 2 of DP Act 1961]

 

Approaching Court with unclean hands

  1. All Perjury judgments can be gainfully utilized. They are here.

 

498A IPC not maintainable due to null and void marriage/Earlier Divorce

  1. Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh on 19 Feb 2002 [SC]
  2. Reema Aggarwal v. Anupam And Others on 8 Jan 2004 [SC: Held as per incuriam]
  3. Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006 [DelHC]
  4. Mohammad Miyan and Ors Vs State of UP on 21 Aug 2018 [SC: Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
  5. Kanchanapally Srinivas Vs State of Telangana on 26 Apr 2021 [TSHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
  6. Kode Narasimha Kumar and Ors Vs State of AP on 10 Nov 2022 [APHC: Relying on Mohammad Miyan, Earlier divorced hence offences of IPC 498A and Dowry Prohibition Act is not tenable/maintainable]
  7. P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023 [SC]
  8. Kantharaju Vs State of Karnataka on 17 Jul 2023 [KarHC]
  9. M.Sreenivasulu and Ors Vs State of AP and Ors on 15 May 2024 [APHC]

 

Discharge Judgments u/s 227 Cr.P.C.

  1. All discharge judgments u/s 227 CrPC can be found here.

 

Discharge Judgments u/s 239 Cr.P.C.

  1. All discharge judgments u/s 239 CrPC can be found here.

 

 

MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to Counterblast case CrPC 227 - Discharged CrPC 239 - Discharged CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court CrPC 482 โ€“ Criminal Proceeding Quashed IPC 494 - Not Made Out Against Woman IPC 498a - Not Made Out Is Not Relative Of Husband Limitation Act 1963 Sec 5 - Extension of prescribed period in certain cases Mala Fide Untenable Maliciously Instituted Case Solely Intended to Harass No Material To Sustain Charge No Territorial Jurisdiction Sandeep Pamarati | Leave a comment

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