Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Posted on January 27, 2024 by ShadesOfKnife

A division bench of Delhi High Court held that, repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty, based on Supreme Court decisions.

From Pars 25-31,

25. The repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty by the Supreme court in the case of Pankaj Mahajan Vs. Dimple, (2011) 12 SCC 1. It was further observed that cruelty postulates a treatment of a spouse with such cruelty that it would be harmful or injurious to live with the other spouse. Similarly in Narendra Vs. K. Meena (2016) 9 SCC 455, it was observed that in case the wife succeeds in committing suicide, one can only imagine how the poor husband would get entangled into the clutches of law which would virtually ruin his sanity, peace of mind, career and probably his entire life. Such threat of attempting suicide amounts to cruelty.
26. In the present case as well, the conduct of the appellant is clearly is an act of cruelty towards the respondent/husband.
27. We may note further that on leaving the matrimonial home on 15.12.2009, the appellant lodged a complaint with Crime against Women Cell, which became the basis of registration of FIR No. 508/2012 under Section 498A/406/34 IPC. The respondent was once again driven to take anticipatory bail. The appellant even made a claim of Rs.5 lakhs to settle all the disputes, but the respondent was not in a position to offer more than Rs.3 lakhs because of which the matter could not be settled.
28. Even thereafter another case under the Protection of Women Against Domestic Violence Act was filed in the year 2018 despite the separation of more than nine years. The appellant, no doubt has a legal right to take recourse for the wrong that may have been committed but making unsubstantiated allegations of having been subjected to dowry demands or acts of cruelty by the respondent or his family members, and getting criminal trials initiated against the respondent are clearly acts of cruelty.
29. In the case of K. Srinivas Vs. K. Sunita (2013) 5 SCC 226, the Hon’ble Supreme Court held that filing of false complaints against the husband and his family members constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act. It was further observed that filing appeals questioning the acquittal of the husband indicates the relentless attempts of the wife to somehow ensure that the husband and his family are put in jail. Such acts, without a doubt, amount to cruelty.
30. The Supreme Court in Mangayakarasi v. M. Yuvaraj (2020) 3 SCC 786, observed that an unsubstantiated allegation of dowry demand or such other allegations made against the husband and his family members exposed them to criminal litigation. Ultimately, if it is found that such allegations were unwarranted and without basis, the husband can allege that mental cruelty has been inflicted on him and claim a divorce on such a ground.
31. We note that during the two years of their matrimonial life, the parties barely resided together for ten months in all and even during that time there were various acts of the cruelty of being subjected to false complaints and civil as well as criminal litigation, committed by the appellant towards the respondent. We therefore, conclude that the learned Addl. Principal Judge, Family Court has rightly held that the respondent was subjected to cruelty by the appellant and granted divorce under Section 13 (1)(ia) of the HMA.

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Index of Divorce Judgments is here.

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Posted on January 19, 2024 by ShadesOfKnife

A single bench of Delhi High Court held as follows, wrt usage of section 91 Cr.P.C.

From Para 14,

14. The Division Bench of Hon‟ble High Court of Madhya Pradesh in case of Special Police Establishment v. Umesh Tiwari 2022 SCC OnLine MP 100 had enlisted the ingredients of Section 91 of Cr.P.C., and had also observed that the right to invoke Section 91 is not limited only to the Court and Police, but also to the victim, accused and/or any other stakeholder. The relevant observations are reproduced hereunder for reference:
“4.3 Language employed in Section 91 reveals following foundational ingredients and characteristics:-
(i) Section 91 is meant to be invoked for producing documents/other things by way of summon.
(ii) Section 91 can be invoked at any stage of investigation, inquiry, trial or even other proceedings under the Cr.P.C.
(iii) Section 91 does not expressly provide as to who can invoke this provision.
(iv) However, the language of Section 91 implies that it can be invoked by the Court or the Officer in-charge of the Police Station concerned.
(v) And this invocation can be done when the Court or the Police is of the view that production is necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under Cr.P.C.
(vi) The satisfaction regarding necessity or desirability of the Court or the Police is sine qua non for invoking this provision.
(vii) The production of document or other thing is to be made before the Court if directed by the Court or before the officer if directed by Police Officer. ***
4.5 From the aforesaid analysis, it is vivid that it would not be proper to restrict the right to invoke Section 91 to only the Court and the Police Officer. The window of Section 91 will have to remain open for all the stakeholders in an investigation, inquiry, trial and other proceedings, be it the victim, accused, police, Court or any other stakeholders involved.

From Para 15,

15. The Hon’ble Apex Court in case of Debendra Nath Padhi (supra), while examining the issue of when an accused would be entitled to file an application under Section 91 of Cr.P.C., had discussed the concept of “necessity‟ and “desirability‟ of production of a document or any other thing. The relevant observations of the Hon’ble Apex Court read as under:
“25. Any document or other thing envisaged under the aforesaid provision can be ordered to be produced on finding that the same is “necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under the Code”.
The first and foremost requirement of the section is about the document being necessary or desirable. The necessity or desirability would have to be seen with reference to the stage when a prayer is made for the production. If any document is necessary or desirable for the defence of the accused, the question of invoking Section 91 at the initial stage of framing of a charge would not arise since defence of the accused is not relevant at that stage. When the section refers to investigation, inquiry, trial or other proceedings, it is to be borne in mind that under the section a police officer may move the court for summoning and production of a document as may be necessary at any of the stages mentioned in the section. Insofar as the accused is concerned, his entitlement to seek order under Section 91 would ordinarily not come till the stage of defence. When the section talks of the document being necessary and desirable, it is implicit that necessity and desirability is to be examined considering the stage when such a prayer for summoning and production is made and the party who makes it, whether police or accused…”

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Posted on December 26, 2023 by ShadesOfKnife

A single bench judge of Delhi High Court held as follows while disposing a Regular Bail petition,

From Paras 8 to 13,

8. In the present case, this Court is of the opinion that a perusal of the statement of the victim, under Section 164 of Cr.P.C., reveals that the accused herein had introduced himself, to the complainant/mother and the victim, as a munshi of a Judge of the High Court of Delhi; and that he could get their work done i.e. get them compensation by asking the Judge with whom he was attached. Thereafter, he had insisted on procuring the nude videos of the victim, on the pretext of showing them to the Judge Sahab. victim in her statement recorded under Section 164 of Cr.P.C. The victim had also disclosed that the applicant had made her talk to ‘Judge Sahab’ on a conference call after which the applicant had asked the victim to prepare two nude videos of 15 minutes each and had also told her how to prepare such videos. Later on, he had started blackmailing the complainant and had demanded Rs. 25,000/-, for deleting the videos. He had also threatened them, that in case he will not be paid money, he will post the said videos on social media, and send these to High Court and Supreme Court. He had kept on continuously sending the videos and photographs to the family members of the victim, and had also threatened them with dire consequences.
9. A perusal of the FSL report reveals that though the mobile phone which was used for the commission of offence had been formatted, the phone had been sent for cyber forensic analysis and the Cyber Forensic Division of Forensic Science Laboratory, Delhi has given a finding that obscene images and video files were retrieved from the mobile phone in question belonging to the present accused. Thus, thanks to the advanced technology, that the investigation revealed the prima facie truth of statement of the victim. The detailed forensic report is not being reproduced or discussed in the present order, lest it affects the trial of the case, at a later stage.
10. Moreover, in the facts and circumstances of the case, it is unlikely that the mother of the victim would herself prepare the nude photographs of her daughter. Further, in light of the specific allegation that the accused herein had misrepresented to the victim that he was making her speak to a High Court Judge, and that he was working with a High Court Judge, who will ensure that compensation is granted in a pending case before a District Court when the videos will be sent to the Judge, are in themselves grave and serious allegations, which undoubtedly bring the judicial system into disrepute. It also reflects how unassuming or illiterate persons are allured in the name of the Judges for blackmailing and for commission of offences, as the present one.
11. This Court also notes that in case the present case was not registered or the truth was not brought out through police investigation and FSL report, the accused herein would have succeeded in giving an impression that the judicial system was indulging in such abhorring acts. The judicial system or the name of any judge or judicial officer used by unscrupulous persons brings disrepute to the system which cannot be allowed at any cost. This case and order would also serve as a reminder that general public should not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment. Such persons and such acts are a threat to the judicial system which shake the faith of the community in the judicial system. The justice delivery system has to be stubbornly safeguarded from such acts and persons.
12. Considering the overall facts and circumstances of the case, the conduct of the accused, and the fact that charges are yet to be framed and the victim is yet to be examined, no ground for grant of bail is made out at this stage.
13. Accordingly, the present bail application is dismissed.

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Citations:

Other Sources:

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Posted on December 25, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Para 50,

50. Hence, it is no more res integra that such reckless, defamatory, humiliating and unsubstantiated allegations by one spouse, which has the impact of publically tarnishing the image of the other spouse, is nothing but acts of extreme cruelty. In the present case as well, the appellant always had doubts on the fidelity of her husband which necessarily led to harassment resulting in mental cruelty to the respondent/husband. The strongest pillars on which any marriage stands is trust, faith and respect, and thus, no person can reasonably be expected to put with such disrespectful conduct of their “significant other” who lacks faith in her partner. Any spouse not only expects their partner to respect them but also envisions that in times of need, the spouse would act as a shield to protect their image and reputation. Unfortunately, here is a case where the husband himself is being publically harassed, humiliated and verbally-attacked by his wife, who had gone to the extent of levelling allegation of infidelity during his office meetings in front of all his office staff/guests. She even took to harassing the woman workers of his office and left no stone unturned to portray him as a womanizer in the office. This behaviour is but an act of extreme cruelty to the respondent/husband.

From Paras 56 and 57,

56. The other act of cruelty relied upon by the respondent was that the appellant/wife used to allege that the respondent/husband was impotent. She compelled him to go for Doppler‟s Impotency Test in which he was found to be fit. Such allegations caused mental cruelty to the respondent.
57. This version has been explained by the appellant who asserted that the respondent/husband suffered losses in his business on account of change of Government policies in regard to the business with European countries because of which he went into depression and took to smoking and drinking. She, out of concern for his health, insisted on his visiting the Doctor. She denied that she got the Impotency Test conducted of the respondent/ husband. The appellant while fanning ignorance about the test being conducted, herself gave the explanation that the respondent had visited the Doctor to address his problem of not being able to perform sexually when under intoxication and irritated and frustrated. The admissions of the appellant establish that the respondent was made to undergo the Impotency Test in which he was found to be fit. Clearly, such averments and allegations about the manhood of a person would not only be depressive but also mentally traumatic for any person to accept.

From Para 58,

58. The appellant had made serious allegations of respondent being abusive, quarrelsome and erratic in his behaviour. However, in her cross-examination she admitted that the respondent used to provide everything to her and the child and that he never made any dowry demands. The allegations of dowry demands by the respondent and his family members clearly get demolished by her own admissions. Learned Addl. Principal Judge has rightly concluded that levelling of such allegations of dowry demands would certainly cause mental cruelty to the respondent and his family members.

From Para 60,

60. In the case of Prabin Gopal v. Meghna, 2021 SCC OnLine Ker 2193 in a similar situation, the Kerala High Court observed that the mother had intentionally distanced the child from the father and had deprived the child from the parental love and affection. It was a case of parental alienation where the child, who was in the custody of one parent, had been psychologically manipulated against the estranged parent. It was a strategy whereby one parent intentionally displayed to the child unjustified negativity aimed at the other parent, with the intent to damage the relationship between the child and the estranged parent and to turn the child emotionally against the parent. It was further observed that the child has a right to love and affection of both the parents and likewise, the parents also have a right to receive love and affection of the child. Any act of any parent calculated to deny such affection to the other parent, amounts to alienating the child which amounts to mental cruelty. Since the child was in the custody of the mother, it was held that the mother had breached her duty which she owed as a custodian parent to instil love, affection and feelings in the child for the father. Nothing more can be more painful than experiencing one’s own flesh and blood i.e., the child, rejecting him or her. Such wilful alienation of the child by a parent amounts to mental cruelty to the other parent.

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Citations:

Other Sources:

Chetram Mali Vs Karishma Saini on 21 Nov 2023

Posted on November 23, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows:

From Para 6,

6. XX
…
It may be noticed that though respondent claims to have no independent source of income but has reasonable educational background being a graduate from Delhi University. She appears to have voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment. The spouse having a reasonable capacity of earning but who chooses to remain unemployed and idle without any sufficient explanation or indicating sincere efforts to gain employment should not be permitted to saddle the other party with one sided responsibility of meeting out the expenses. The equivalence does not have to be with mathematical precision but with the objective to provide relief to the spouse by way of maintenance pendente lite and litigation expenses, who is unable to maintain and support during the pendency of proceedings and to ensure that party should not suffer due to paucity of source of income. The provision is gender neutral and the provisions of Section 24 & 25 of HMA provide for the rights, liabilities and obligations arising from marriage between the parties under HMA.

Chetram Mali Vs Karishma Saini on 21 Nov 2023

Citations:

Other Sources:

K.S.Sumi Mol Vs Suresh Kumar E.K. on 31 Jul 2023

Posted on October 28, 2023 by ShadesOfKnife

A division bench of Delhi High Court passed these guidelines in order to achieve speedy disposal of Matrimonial and family related matters.

From Para 6,

6. In view of the above, and in the absence of any specific Rules regarding the speedy disposal of cases relating to marriage and family affairs within a time frame, we hereby lay down the guidelines for strict observance by all the Family Courts in Delhi, till such time rules are formulated by the State Government in consultation with the High Court of Delhi.
“Guidelines
a. Issue of Summons: When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff‟s claim:
Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons.
Provided further, the time taken for conciliation, mediation or interaction shall be excluded.
b. Inspection: (1) All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement. The Court may extend this time limit upon application at its discretion, but not beyond thirty days.
(2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce.
(3) Such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which inspection has not been given, save and except with leave of Court.
c. Admission and Denial of Documents: Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court.
d. Case Management Hearing: The court shall hold the first Case Management Hearing, not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties to the suit.
In a Case Management Hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the court shall-
(i) frame the issues after examining pleadings, documents and documents produced before it, and on examination conducted by the court under Rule 2 of Order X, if required;
(ii) List the number of witnesses to be examined by the parties;
(iii) Fix the schedule of the dates and evidence led by parties with all endeavour to complete the evidence in six months.
(iv) Fix the date for oral arguments within ten days and it shall be open for the Court to limit the time for oral submissions having regard to the nature and complexity of the matter.
(v) Fix the date for filing the written arguments and a party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of their case to the Court and such written arguments shall form part of the record and shall be filed within fifteen days;
(vi)No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(vii)Set time limits for parties and their advocates to address oral arguments.
In fixing dates or setting time limits, the court shall ensure that the arguments are closed not later than two months from the date when the evidence of the parties was concluded.
(viii)The interim applications for ‘maintenance pendente lite’, ‘interim custody’ and all other miscellaneous applications relating to marriage/family affairs shall be decided within 90 days from the date of filing.
e. Judgment & Decree: (1) The court, shall, within thirty days of the conclusion of arguments, which shall not extend beyond sixty days, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise.”

K.S.Sumi Mol Vs Suresh Kumar E.K. on 31 Jul 2023

Deepti Vs Anil Kumar on 19 Sep 2023

Posted on October 15, 2023 by ShadesOfKnife

A division bench of Delhi High Court held that Family Courts cannot grant divorce on ground of Irretrievable Breakdown of Marriage.

From Para 4,

4. The Respondent also alleged that from the very first day of marriage, Appellant created scenes at night hours and most of the times did not allow him to enjoy his conjugal rights. She refused him to have access to her and inflicted cruelty upon him. He further alleged that he was allowed by the Appellant only 30-35 times (approximately) to enjoy conjugal relations since their marriage.

From Para 7 and 8,

7. In respect of the ground of cruelty, the Family Court has held that “there was no normal and healthy sexual relationships between (Respondent) and his wife (Appellant) and same has resulted in striking at the very foundation of their marriage. It has been well settled that normal and healthy sexual Relationships between both spouse is one of the basic ingredients for happy and harmonious marriage as the marriage without sex is an anathema. Sex is foundation of marriage and without a vigorous and harmonious sexual activity it would be impossible for any marriage to continue.”
8. The Family Court after holding that there was denial of conjugal relations, noticed that parties had been living separately for more than 11 years and held that the marriage had broken down beyond repair and thus held that the Respondent had successfully established cruelty and thus granted a decree of divorce against the Appellant.

From Para 17,

17. Said ground is clearly not available to the Respondent and the Family Court has erred in returning a finding that there is denial of conjugal relationship by the Appellant. The allegations of the Respondent of denial of conjugal relationship are vague and without any specifics. He has alleged that he was allowed by the Appellant only 30-35 times (approximately) to enjoy conjugal relations since their marriage. This clearly shows that there was never any complete denial.

From Para 25,

25. In terms of the Judgment of the Constitution Bench of the Supreme Court in Shilpa Sailesh (supra), the power to grant divorce on the ground of irretrievable breakdown of marriage is exercised by the Supreme Court under Article 142 of the Constitution of India to do complete justice to both the parties. Such a power is not vested in the High Courts leave alone the Family Courts.
26. In the instant case, the Family Court has merely considered the fact that the parties have lived separately for 11 years and granted divorce on the ground of breakdown of marriage. Such an exercise of powers is not conferred on the Family Court. Family Courts have to restrict their considerations to the parameters of the provision of grant of divorce strictly in accordance with the Act. Irretrievable breakdown of marriage is not a ground in the Act.
27. Even the Supreme Court while considering exercise of discretionary powers under Article 142 of the Constitution of India takes into account several factors and longevity of period is only one of them. Reference may be had to Para 41 of Shilpa Sailesh (supra) extracted hereinabove. Supreme Court has placed a word of caution that “grant of divorce on the ground of irretrievable breakdown of marriage by this Court is not a matter of right, but a discretion which is to be exercised with great care and caution, keeping in mind several factors ensuring that ‘complete justice’ is done to both parties. It is obvious that this Court should be fully convinced and satisfied that the marriage is totally unworkable, emotionally dead and beyond salvation and, therefore, dissolution of marriage is the right solution and the only way forward. That the marriage has irretrievably broken down is to be factually determined and firmly established.”
28. In the present case, the Family Court has erred in travelling beyond the scope of its powers to grant divorce.

Deepti Vs Anil Kumar on 19 Sep 2023

Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006

Posted on October 15, 2023 by ShadesOfKnife

A single bench judge at Delhi High Court held that Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh is the precedent that is binding and not the Reema Aggarwal v. Anupam And Others.

From Para 8,

8. These are undoubtedly strong words and clearly show that a person who ostensibly contracts a marriage with a woman and lives with her as husband and wife would also be covered within the meaning of the expression “husband” used in Section 498-A IPC. But the matter does not stop here. The Supreme Court, in the case of Shivcharan Lal Verma (supra), which is a decision of a three-judge bench, was of the contrary view. The facts in that case were that during the lifetime of the first wife, Shivcharan married for the second time. But after the marriage both the first wife and Shivcharan tortured the second wife as a result of which she ultimately committed suicide by burning herself. The incident occurred inside the house while Shivcharan and his first wife were in one room and the second wife was in the other. One of the questions which arose before the Supreme Court was whether the provisions under Section 498-A can at all be attracted since the marriage with the second wife itself was null and void, the same having been performed during the lifetime of the first wife. In answer to this question the Supreme Court observed that there was considerable force in the argument of the learned Counsel for the appellant that so far as conviction under Section 498-A was concerned, inasmuch as the alleged marriage with the second wife, during the subsistence of a valid marriage with the first wife, was null and void, the same cannot be sustained. The Supreme Court therefore set aside the conviction and sentence under Section 498-A IPC. Going by this a decision, it is clear that the Supreme Court was of the view that as the second marriage was null and void, Shivcharan could not be regarded as a “husband” within the meaning ascribed to it under Section 498-A IPC. Although the learned Counsel for the respondent had, as noted above, made submissions to the effect that this was not a binding precedent, I don’t see as to how this is would not constitute a binding precedent. The point in issue arose out of the facts of the case. It was specifically raised and specifically answered. The ratio of the decision is that a male partner to a null marriage cannot be covered by the expression “husband” as appearing in Section 498-A IPC. It is another thing that the Supreme Court in the case of Shivcharan Lal Verma (supra) did not discuss this question with the same degree of elaboration as in the case of Reema Aggarwal (supra). But, this by itself cannot be construed to mean that in Shivcharan lal Verma (supra), the Supreme Court did not consider the entire scope and ambit of the provisions of Section 498-A IPC. It must also be pointed out that the decision in Shivcharan Lal Verma (supra) has not been noticed in Reema Aggarwal (supra) although the latter decision is later in point of time. So, the decision in Reema Aggarwal (supra) has to be regarded as per incuriam. The second point that has to be kept in mind is that the decision in Shivcharan Lal Verma (supra) has been rendered by a bench of three honourable judges whereas the decision in the case of Reema Aggarwal (supra) is by a bench of two honourable judges. Clearly, the decision in Shivcharan Lal Verma (supra) would be binding. In this context it would be pertinent to note the observations of a Constitution Bench decision of the Supreme Court in the case of P. Ramachandra Rao v. State of Karnataka (2002) 5 SCC 578 wherein the Supreme Court observed [at para 28]:

The well settled principle of precedents which has crystallised into a rule of law is that the bench of lesser strength is bound by the view expressed by a bench of larger strength and cannot take a view in departure or in conflict there from.

Therefore the decision in Shivcharan Lal Verma (supra) will clearly take precedence over the decision in Reema Aggarwal (supra).

Indiankanoon version:

Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006 (IK ver)

Casemine version:

Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006 (CM ver)

Citations: [2007 AD DEL 1 503], [2007 DRJ 93 606], [2006 DLT 135 390], [2007 DMC 1 47], [2006 SCC ONLINE DEL 1256], [2006 JCC 3 1923], [2007 JCC 3 1923]

Other Sources:

https://indiankanoon.org/doc/338837/

https://www.casemine.com/judgement/in/56090c14e4b0149711176259

https://www.legalindia.com/judgments/mohit-gupta-and-ors-vs-state-govt-of-nct-of-delhi-and-anr-on-16-october-2006

Index of Quash judgements is here and HMA Judgments is here.

Mahima Chaturvedi Vs Deepak Malhotra on 26 Jul 2021

Posted on October 10, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows while denying interim maintenance to a working wife.

From Para 5,

5. The learned Family Judge has observed in its order dated 18.06.2020 that the Object and Intent of Section 24 is to support the spouse who has no independent source of income. The learned Family Court has relied on the income affidavit of the appellant to arrive at a conclusion that the appellant is drawing a salary of Rs. 85,000/- per month and relied on the judgment of this Court in case titled K.N. vs R.G. Reported as MAT. APP(FC) no. 93/18 (date of decision – 12.02.2019) to hold that the provision of Section 24, Hindu Marriage Act, are not meant to equalise the income of wife with that of the husband.

From Para 9,

9. Hence, we are clear that the appellant is a well-qualified professional and is drawing a salary of 85,000/- month which is adequate for a comfortable life. In K.N. v. R.G., it has been held that the provision of section 24 are not meant to equalize the income of the spouses but only to see that no spouse should suffer due to paucity of income. The purpose to grant maintenance is to tide over litigation expenses and to provide a comfortable life to the spouse.

Mahima Chaturvedi Vs Deepak Malhotra on 26 Jul 2021

Index of Maintenance Orders under HMA here.

Poonam Sethi Vs Sanjay Sethi on 07 Jan 2022

Posted on October 10, 2023 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Para 57,

57. Each and every individual is entitled to basic resources like food, shelter, clothing, education, medical expenses and other necessities required to live a dignified life. Morally and legally, it the obligation of both the parents to provide these amenities, according to the status of life being led by them, to their children by way of maintenance.

Poonam Sethi Vs Sanjay Sethi on 07 Jan 2022

Index of Maintenance Orders under HMA here.

Shades of Knife

True Colors of a Vile Wife

Category: High Court of Delhi Judgment or Order or Notification

Payal Sethi Vs Rohit Sethi on 09 Jan 2024

Jaspreet Kaur Vs State of NCT of Delhi on 12 Dec 2023

Harish Chander @ Suraj Bhatt Vs State NCT of Delhi on 06 Dec 2023

Neeta Amar Vs Vipul Amar on 20 Dec 2023

Chetram Mali Vs Karishma Saini on 21 Nov 2023

K.S.Sumi Mol Vs Suresh Kumar E.K. on 31 Jul 2023

Deepti Vs Anil Kumar on 19 Sep 2023

Mohit Gupta and Ors vs Govt of NCT of Delhi and Anr on 16 Oct 2006

Mahima Chaturvedi Vs Deepak Malhotra on 26 Jul 2021

Poonam Sethi Vs Sanjay Sethi on 07 Jan 2022