This judgment from Delhi High Court clarifies that
a Magistrate, when Petitioned under Section 12 (1) is not obliged to call for and consider the DIR before issuing notice to the respondent. However, if the DIR has already been submitted, that should be considered, in view of the proviso to Section 12 (1).
This is a wonderful judgment from Justice J R Midha explaining in detail and elaborate what is an offence under Section 209 IPC and how to get the offender punished.
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 landmark judgment from Hon’Ble Delhi High Court based on which recent Landmark Rajesh Sharma Judgment is delivered issuing guidelines in regards to heavy misuse is matrimonial cases.
Operating portion of judgment:
Para 19,
Only allegation against the respondents is that they did not like the clothes brought by the petitioner as customary gifts for relatives of the husband. One of the sisters-in-law remarked that had the marriage taken place with her sister, more dowry would have been received. These allegations when tested on the anvil of aforesaid tests, do not make out a case of either `cruelty’ or `harassment’ as contemplated by section 498A IPC.
Non-acceptance of gifts might have hurt her feelings and other remarks might have been unkindly and incisive but by no stretch of imagination, such a conduct involves any of the ingredients of either offence under section 498A IPC or 406 IPC.
Neither such an act nor conduct has the effect of driving the woman to commit suicide nor of causing grave injury nor is likely to cause danger to life or limb nor did it amount to tormenting her either physically or mentally to compel or force her or her relatives to fulfill the demands of any property or valuable security.
For the foregoing reasons, the petition is highly misconceived and is being used as a tool to hold the entire household to ransom and jeopardy. Petition is dismissed.
Citations: [2
Other Source links:
Index of Discharge Judgments u/s 239 are here.
In this Judgment from Hon’ble Delhi High Court, it was help non-working Knife has to be given maintenance.
Delhi High Courts granted divorce to Knife based on Cruelty ground.
Another Key Judgement from Delhi High Court elucidating the judicial principles required to be applied while deciding an Interim Maintenance application under Section 24 of Hindu Marriage Act 1955.
This is a case involving the son of Ex CM of Karnataka State of India, Mr. Rama Krishna Hegde.
Section 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.
It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.
Tax avoidance is the norm. Tax compliance is the exception in this country. Therefore, in determining interim maintenance, there cannot be mathematical exactitude.
The 11 factors for consideration are:
1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded u/s. 125 Cr.PC is adjustable against the amount awarded u/s. 24 of the Act.”
If the capital asset is an industrial property, a coffee plantation, an orchard or any other agricultural holding, there would be a presumption that the said capital asset is yielding some income. It is not presumed to be a dead asset.
But where the law requires a Judge to form an opinion based on a host of primary data, a Judge can formulate an opinion pertaining to the likely income from the capital assets of the husband.
It is a well recognized principle of law that where a person withholds vital information, a presumption arises against him that had he disclosed the information, the same would have been adverse to him.
Citations : 140 (2007) DLT 16
Other Sources :
https://indiankanoon.org/doc/260066/
This is a verdict from Delhi High Court dismissing petition of the wife that is filed against the Trial court order to pay maintenance to Husband along with litigation expenses and a car for his usage !!
One should appreciate the detailed dissection made by the Hon’ble Court, of the financial information made available by parties in arriving at the conclusion.
The purpose of section 24 of Hindu Marriage Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself. It is trite law that the term “support” is not to be construed in a narrow manner so as to mean bare subsistence. It means that the other spouse, who has no independent source of income, is provided with such maintenance so as to live in a similar status as was enjoyed by them in their matrimonial home. It is the purpose of section 24 that the wife or the husband who has no sufficient source of income for her or his support or for the expenses of the proceedings must be provided with such reasonable sum that strikes equity between the spouses.
The Supreme Court Judgment of Jasbir Kaur Sehgal (Smt.) v. District Judge, Dehradun & Others is available here.
The Delhi High Court judgment of Bharat Hegde v. Saroj Hegde is available here that talks about the 11 factors to be considered an application under section 24 of Hindu Marriage Act.
Index of Maintenance judgments under HMA are here.
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