This is a Judgment of Hon’ble Bombay High Court. Permanent alimony given to Knife is cancelled as the perjury case against her was proved true.
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A recent judgment from Hon’ble Bombay High Court also (like this one here) declared that application under section 340 has to be dealt with first before proceeding to main petition/case.
I am a little skeptical about this judgment as it refers to section 340 of Civil Procedure Code, not once but in almost every paragraph of the order.
This judgment is corrected in June 2018. It is available here.
Bombay High Court has concluded that the petitioner’s discharge petition deserves allowance as none of the allegations made under various sections in the case does not hold good to continue the proceedings.
Wonderful judgment from Bombay High Court setting aside judgments of 2 lower courts in regards to the maintainability of application under Section 340 of CrPC.
From Para 7,
Whenever an application under Section 340 of Code of Criminal Procedure is filed, the Civil Manual Chapter XIX para 337 requires that it should be registered as Miscellaneous Judicial Case i.e. a case where a Judicial Enquiry is contemplated. The learned Civil Judge should have, therefore, directed the application to be registered as Miscellaneous Judicial Case.
Good order from Hon’ble Bombay High Court in regards to granting maintenance to a knife under section 20 of PWDV Act, who did not even aver in the compliant that there was any domestic violence at all which would not make her a ‘Aggrieved Person’.
The maintenance of Rs.2 lakhs per month granted by Family court is set aside by the high court and an interim maintenance of Rs.25,000/- was issued from date of order till the Family Court decides the matter.
Few highlights from Judgment given below.
She would submit that the application is devoid of such pleadings attributing domestic violence and thus in absence of domestic violence being attributed and demonstrated, an application under Section 12 cannot be entertained and no relief can be granted under Section 20 of the said Act in the nature of the monetary relief.
The Family Court has also perused the bank statement of the wife and has recorded that there are various deposits to her account and the Court has found the explanation offered by the wife that her mother is carrying out the business of stock broking from her account to be evasive.
During the pendency of the proceedings before the Family Court on its remand, the petitioner-husband would pay an amount of Rs.25,000/-per month to the wife towards her maintenance, till the Family Court decides the mater.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This is a Bombay High Court judgment clarifying that when there is no domestic relationship, no domestic violence can happen.
Another judgment this time from Bombay High Court, which says no cruelty proved in maintenance case under section 125 CrPC results in no maintenance to Knife.
This sentence in last para is not appreciable though.
However, the payment of maintenance allowance, if any, during the intervening period, is not refundable by her.
Note: This is how the false case filers are encouraged/supported by Judiciary in India.
Simple principle is wonderfully upheld by Hon’ble Bombay High Court in this judgment.
‘No domestic violence’ means ‘No reliefs under Domestic Violence Act’. Period.
Not even for Children
Especially, it was held that
9. It is thus, clear that the monetary relief is available for the children of the aggrieved person if the monetary relief is required to meet the expenses incurred by the aggrieved person as a result of domestic violence. The monetary relief is also permissible in case losses are suffered by the aggrieved person as a result of the domestic violence. The monetary relief is available to children of the aggrieved person under Section 20 of the Act. However, the aggrieved person is under obligation to establish that she had to meet the expenses incurred and losses suffered due to domestic violence on the part of the respondent. In the present case, since the learned Magistrate has come to a conclusion that the domestic violence could not be proved and since that finding of the learned Magistrate has not been challenged by the aggrieved person, it follows that no relief could have been given to respondent Nos.2 and 3 also.
From Para 10,
10. In my considered opinion, the learned Magistrate had committed an error in granting monetary relief to respondent Nos.2 and 3 despite the fact that domestic violence could not be established. Though it is possible to say that the maintenance was permissible for respondent Nos.2 and 3 (minor children) under Section 125 of the Code of Criminal Procedure, the monetary reliefs could not have been given to them under Section 20 of the Protection of Women from Domestic Violence Act, 2005. The view taken by the learned Magistrate and the appellate Court, in my opinion, is not correct.
Moreover, Judge ordered refund of the money deposited by the husband with the Court.
iii. The amount of Rs.Twenty Five Thousand, deposited by the petitioner in this Court shall be refunded to him immediately.
Citation: 2014 All MR(Cri) 2398
Other Sources:
The Index of PWDV Act cases here.
Wonderful point:
Since the offences, with which the applicant is charged, are bailable, the anticipatory bail application is not maintainable
Read Paras 5-10
Even though Section 324 IPC is made non-bailable via Code of Criminal Procedure (Amendment) Act of 2005, (Act No.25 of 2005), but it was NOT appointed into force, by a notification in the Official Gazette by Central Government.
Relatives residing separately are set free from the proceedings of Domestic violence case by Hon’ble Bombay High Court.
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