In this judgment delivered by Hon’ble Bombay High Court, it was held that the accused be given benefit of doubt in the criminal case of 498a IPC, as the depositions of the complainant and other prosecution witnesses is either hearsay or different from what is averred in the original complaint/FIR.Sopan @ Dnyandeo Maruti Bawadkar Vs The State of Maharashtra on 05 November, 2012
This is one of the persons trying to figure out why in India, menfolks are allowed to be looted not in just one law but on a myraid of laws.
From Para 11,
“In view thereof, with these clarifications that both the orders; the one passed under the provisions of Domestic Violence Act and another passed under Section 125 of Cr.P.C., are required to be complied, both these Writ Petitions stand disposed off.“
Prakash has filed a SLP with Hon’ble Supreme Court and I could reach upto here on that case.Prakash Babulal Dangi Vs The State of Maharashtra on 10 October, 2017
In this judgment from Nagpur bench of Bombay High Court, Hon’ble sent the case of cunning knife packed out, as it was not established that the knife could not only show existence of live-in-relationship with the non-applicant which is akin to a marriage visible from the fact that applicant and non-applicant are living together as husband and wife but also should show that they are otherwise legally qualified to marry.
This knife was cunning enough to engage in extra-marital affair, as the earlier marriage was not legally terminated and on top of it, tried level-best to fasten paternity of children from first marriage on to paramour, who was married to another woman and had 3 children with her.Gautam Jairam Gawai Vs Ragini Gautam Gawai & Anr on 20 January, 2017
In this wonderful judgment from Hon’ble High Court of Bombay, the Hon’ble Justice has rubbed in it the lower court magistrate without any tolerance. See the rotten mindsets of magistrates of lower courts.
From Para 8,
Mamta Gautam Wankhede Vs Gautam Sukhdev Wankhede on 2 February, 2018
The learned Magistrate has gone on record saying that filing of divorce petition by the respondent against the petitioner after 23 years of marriage itself amounted to domestic violence. The remark is outlandish and, if I may say so, is alien to the known jurisprudential concepts. If this is the way how the applications filed under Section 12 of the D.V. Act are decided, as has been done in the present case by the learned Magistrate, as rightly submitted by the learned Counsel for the respondents, all the provisions of law, be they be from Hindu Code Bill or Family Courts Act or D.V.Act, creating rights and obligations of parties while maintaining a fine balance between the competing interests of both sides, would be rendered nugatory and a party would dither to initiate a proceeding for assertion of his right, for the fear of being labelled as merchant of domestic violence. The learned Magistrate shall do well to avoid making such remarks without giving any thought to rights and obligations of parties under the law.
This judgment also relies on another Bombay High Court judgment from 2014, available here.
This is a judgment from Bombay High Court wherein it was held that, as 125 CrPC proceedings are Summary in nature, no need of strict proof required for marriage between parties.Sidhappa Satappa Savali Vs Smt. Mahananda Sidhappa Savali on 08 December, 2015
This is the case of Film and TV personalities wherein the woman committed suicide and her live-in partner was accused for the same. Read through the below series of orders in this case wherein Anticipatory Bail is granted to the accused person by Hon’ble High Court of Bombay.
Anticipatory Bail Application filed by accused under 438 CrPC; Interim AB grantedRahul Raj Singh Vs The State of Maharashtra on 12 April, 2016
Next Date; Special PP is assigned to the case; Hence adjournedRahul Raj Singh Vs The State of Maharashtra on 18 April, 2016
Mommy of deceased woman files transfer of case to CBI application; Dismissed as pre-matureSoma Shankar Banerjee Vs The State Of Maharashtra And Ors on 21 April, 2016
AB is confirmedRahul Raj Singh Vs The State of Maharashtra on 25 April, 2016
Snapshop of the case at Lower Court
Some news snippets around the parties in above case.
https://www.timesnownews.com/entertainment/news/bollywood-news/article/late-pratyusha-banerjees-ex-boyfriend-rahul-singh-accuses-screenwriter-mushtaq-shiekh-of-sexual-harassment/301897 (#MeToo Jhalak)
The cunning knife who is begging maintenance under HMA 24, cannot travel 125 KMs to attend Court and requires the assistance of an adult member of the family to travel, petitioned for Transfer of cases to her den location.
Just for some ‘utensils, Bed and Rukhwat items’ she denied to settle the matter even when the hubby dear is willing to dole out, an amount of Rs.10.50 lac as a One Time Comprehensive Settlement and part ways with the Applicant/ wife before it became more painful.
From Para 8 and 9,
At this juncture, the learned Advocate for the husband submits that though it was beyond his means, he has somehow accumulated Rs.10.50 lac so as to resolve this entire issue once and for all and part ways. If the wife wants to agitate on the utensils and Rukhwat, the husband is withdrawing his offer of depositing Rs.10.50 lac in this Court.
I see reason in the submissions of the learned Advocate for the husband and therefore, the offer that the Respondent/ Husband had made earlier, is permitted to be withdrawn and the amount of Rs.10.50 lac need not be deposited in this Court.
The name of the knife is a little… Shit’al… LOLShital Dhake Vs Krushna Dhake on 06 October, 2018
High Court of Bombay (Aurangabad Bench) has held that, there is no harm if such a print out from the official website is placed before this Court.
From Para 2 and 3,
Shital Dhake Vs Krushna Dhake on 02 February, 2018
I am of the view that this apprehension is misplaced since the print out of the orders of this Court from the official website has sanctity and the trial Courts are expected to consider the said orders, if they are cited after taking a print out from the official website. The said orders are also available before the trial Court from the official website and there can be a counter verification to find out whether such an order is actually uploaded to the official website or not. In this backdrop, there is no harm if such a print out from the official website is placed before this Court.
It is informed by the learned Advocates that, in several cases before various trial Courts, the learned Judges insist on production of the certified copy of the order and they are not inclined to consider the print out of an order from the official website of the Bombay High Court, as being a reliable document. As observed in the foregoing paragraphs, in the event of any doubt in the mind of the learned Judge, it can be checked from the official website of the Bombay High Court as to whether such an order has been uploaded or not? Once the order is uploaded on the official website, it is a reliable document to be considered by the Court before whom it is
Hon’ble High Court of Bombay has held that, it is not every harassment or every type of cruelty that would attract Section 498-A.
From Para 3,
Sarla Prabhakar Waghmare Vs State Of Maharashtra And Others on 10 April, 1989
After going through her evidence it does not appear that she has conclusively established that the beating and harassment was with a view to force her to commit suicide or to fulfil the illegal demands of the non-applicants. The trial Court has discussed this aspect at some length and has recorded a finding that offence under Section 498-A, Indian Penal Code, is not established. I do not see any reason to interfere with the same in my revisional jurisdiction at the instance of the complainant, particularly when the State has not challenged the impugned order.
Summons are served via Whatsapp and same is marked and taken as valid serving of summons by hon’ble High Court of Bombay.
SBI Cards and Payments Services Pvt Ltd Vs Rohidas Jadhav on 11 June, 2018