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True Colors of a Vile Wife

Category: District or Sessions or Magistrate Court Judgment or Order or Notification

State of AP Vs Pantla Krishna Murthy and Anr on 16 Dec 2022

Posted on January 15 by ShadesOfKnife

A Judicial Magistrate at Vizianagaram passed this Order. Very valid points raised while not finding the accused guilty of the allegations made in the false criminal case.

From Para 23, regarding Dowry givers’ role

Section 3 of Dowry prohibition Act clearly defines the offence as whoever gives or takes Dowry comes under clutches of the Law and punishable. If A1 and A2 were held for demanding Dowry why PW2 father of the PW1 who is also police official well aware of Law has given the Dowry and not taken action against A1 and A2. Instead he alleges he has paid 15,00,000/dowry to A1 and A2. PW2 also comes under the purview of Law and he is also liable for punishment. Here another notion would be taken if it is treated as present made to A1 at the time of marriage which is exemption to this section of law. But the presentations were to be listed and signed by either parties as per mandate of law. That is also not the case here.

Regarding Dowry Allegations:

Prosecution has produced bank statement of A1 dated 7/6/2010 to show his account was deposited by the amounts of Rs 9,66,000/- and Rs 2,00,000/- and got it exhibited through bank manger to prove the amount of Rs 15,00,000/- was given to accused by PW2 before day of the marriage. Here prosecution has not lead any evidence how PW2 paid such huge amount. Whether he obtained loan or he paid from his savings. There might be some document to prove how he raised such huge amount to present the dowry. In the absence of such evidence ExP3 cannot be relied upon. A1 is working in Railway in respectable job and has opportunity to raise such amount even to spent for his marriage expenses. There cannot be a conclusive theory that the entire marriage expenses from both sides would be taken care of the parents of bride. if such is the case they have to produce reliable evidence. The court arrived at the conclusion that whatever the things presented at the time of marriage of PW1 is only presentation though prosecution witnesses has stated that at the time of marriage of PW1 dowry and gold was give to accused. Because if there is demand from accused, PW2 being police official might have initiated action against Accused. PW2 considered at the time of marriage as presentation and presented it without taking action and when marriage tie was strained with misunderstanding between A1 and PW1 and then PW1 and PW2 cannot take stand of dowry subsequently in the year 2016 when marriage took place in the year 2010.

State of AP Vs Pantla Krishna Murthy and Anr on 16 Dec 2022
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A IPC 498A - Cruelty Not Proved State of AP Vs Pantla Krishna Murthy and Anr | Leave a comment

Sumana Bhasin Vs Neeraj Bhasin on 27 May 2015

Posted on November 2, 2022 by ShadesOfKnife

A single judge of Saket Court, New Delhi passed this order.

From Para 41,

41. In light of the above discussion, the Application U/s 12 PWDV Act filed by the complainant is dismissed with a cost of Rs.1,00,000/- (Rupees One Lakh) to be deposited by the complainant in the account of Blind Relief Association. The imposition of cost is in furtherance of the principle that wrongdoers should not get benefits out of frivolous litigations. Needless to say, all interim orders stand canceled.

Sumana Bhasin Vs Neeraj Bhasin on 27 May 2015

Citations:

Other Sources:

https://indiankanoon.org/doc/165927699/

https://www.legalauthority.in/judgement/sumana-bhasin-vs-neeraj-bhasin-9863

One Lakh Fine on Wife For Filing Fake Domestic Violence Case

 

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Perjury - Costs Levied or Imprisonment For Perjury Sumana Bhasin Vs Neeraj Bhasin | Leave a comment

Mr.N Vs Mrs.N on 24 Dec 2013

Posted on October 25, 2022 by ShadesOfKnife

A Family Court judge at Bandra, Mumbai passed order to initiate perjury proceedings against lying knife.

From Para 16,

16. It is settled principle of law that he who seeks equity, must do equity. The fraud and justice cannot dwell together. The justice seeker must step in the Court with clean hands. The dishonest person cannot be entertained by the Court of law. In matrimonial matters persons come with their family problems before the Court and Court makes every possible attempt to find out solution of their problems. In such circumstances, it is the first and foremost responsibility of the party to tell the truth to the Court, so that Court can go to the root of the matter to solve the real dispute. There should not be game of hide and seek when justice is sought from the Court of law. All the Dharmashastras teach us “सतय ं वदं” “Tell the truth”. Foundation of every case must be on true and honest disclosure of facts. No place can be given to lies or falsehood during the course of administration of justice. The person who comes to the Court i.e. house of justice, to seek justice, has to show his bonafides and honesty by making true disclosure of the facts within his knowledge.

Mr.N Vs Mrs.N on 24 Dec 2013
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 340 read with CrPC 195 Mr.N Vs Mrs.N Perjury - Approached Court with Unclean Hands Perjury - Initiate Prosecution Perjury Under 340 CrPC | Leave a comment

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Posted on September 13, 2022 by ShadesOfKnife

A single judge of a Sessions Court in Mumbai held as follows:

From Para 5,

5] Perusal of the application under Section 12 of the D. V. Act filed by the applicant has several references to the alleged domestic violence committed by the respondent No. 1. It is not in dispute that he resides separately and not with the appellant or the respondent No. 1. The learned Metropolitan Magistrate in his impugned order has observed that since the respondent No. 1 never resided with the appellant in any shared household he cannot be considered to be the respondent as defined by Section 2 (q) of the D. V. Act. He, therefore, omitted him from the array of the respondents in the main application.

From Para 6,

6] Such an observation of the learned Metropolitan Magistrate however, is wholly misplaced. It is for the simple reason that the proviso to Section 2 (q) of the D. V. Act makes it very clear that an aggrieved wife can also file a complaint against a relative of the husband. The Act nowhere mandates that an aggrieved person can seek relief only against the persons who have shared household with her. Had that been so, it would have been very convenient to cause violence or any other trouble to the aggrieved person through the relatives not sharing the same household and yet remained out of the clutches of the D. V. Act. Rather, holding that any relative of the husband if not sharing or shared the same household cannot be a respondent would amount to giving licence to those relatives to commit violence to the aggrieved person and thereby rendering the very Act meaningless. That just cannot be and certainly was not the intention while enacting the said statute. As observed earlier, there are sufficient references to show that the respondent No. 1 was also a party to the domestic violence committed to the appellant. As such, the proceedings against him was certainly tenable. The learned Metropolitan Magistrate was obviously wrong in holding that the respondent No. 1 since not shared the household with the appellant could not be a respondent as defined by Section 2 (q) of the D. V. Act. Consequently, the impugned order cannot sustain.

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Index of DV Cases here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Misinterpretation of Earlier Judgment or Settle Principle of Law Nahida Rishad Cooper Vs Ali Daruwala and Ors No Shared Household | Leave a comment

Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018

Posted on July 5, 2022 by ShadesOfKnife

A District Court in Delhi passed this details Judgment, relying on earlier Madras HC judgment here.

From Para 7,

At this juncture, reference may be made to Saleem P.A. etc. v. State reported as (1994) 2 LW (Crl.) 402, which is relevant for the present purpose. Paragraph 24 thereof is reproduced as under:
“ 24. In view of the discussion as above, the following positions emerge:
1. Issuance of a warrant of arrest by a Court under the Code shall remain in force beyond the date fixed for its return, until it is cancelled or executed.
2. Since the court, which issued the warrant has the power to cancel it, it is but necessary for the person against whom a warrant of arrest had been issued to approach the said Court, by his personal appearance, for its cancellation, which issued it.
3. Once a person accused of an offence against whom a warrant of arrest had been issued makes his personal appearance, with a petition for its cancellation, before the Court, which issued it, it behaves on its part not to take him into custody and send him to prison immediately after his appearance, but to pass an order on such petition, forthwith, without brooking any sort of a delay and if the order so passed ends in his favour, he
shall be bound over to appear before court on an earliest date fixed for hearing on trial, as the case may be, or otherwise, he could be taken into custody forthwith and sent to prison, with a direction to the prison authorities for his production before court on the earliest date fixed for such hearing or trial is over, so as to enable it to proceed, with ease and grace, and without any obstruction whatever, thereby not affecting in the least his right to speedy trial, a goal to be achieved, as enshrined under Article 21 of the Constitution, or on his application, being presented, release him on bail, on his executing a bond for a specified sum, with sufficient number of sureties, for such sum to secure his appearance on the dates fixed for hearing or trial, as the case may be.
4. However, a person aggrieved by an order of refusal of the cancellation by a Magistrate, who issued the same, can further agitate the same, if he so desires, by filing a revision, either under Section 397 or 401 of the Code, and then resort to invoke the inherent power of this court under Section 482 of the Code, if grounds for resortment to such a course existed (emphasis supplied).”
In the light of above discussion, it is clear that the present revision petition is maintainable.

Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018

Citations :

Other Sources :

https://indiankanoon.org/doc/108983018/


NBW judgments here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order CrPC 397/399 - Revision CrPC 399 - Sessions Judge's powers of revision Dismissal of NBW Cancellation is not Interlocutory so Revision is Maintainable Issue of Non-Bailable Warrant Manoj Kumar Vs State (NCT of Delhi) P.A.Saleem Vs State of Madras Remedy when Non-Bailable Warrant Not Recalled | Leave a comment

Dr.Arpitha K.S. Vs Dr. Praveen R on 16 Jun 2020

Posted on July 4, 2022 by ShadesOfKnife

Bad cross-examination led to Part allowance of this DV case.

Dr.Arpitha K.S. Vs Dr. Praveen R on 16 Jun 2020

Index here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Dr.Arpitha K.S. Vs Dr. Praveen R | Leave a comment

State of Maharashtra Vs Abdulrehman Shahjadhussain Shaikh and Anr on 28 Mar 2022

Posted on March 31, 2022 by ShadesOfKnife

A Special Court dealing with POCSO cases, held as follows and acquitted a father who is accused of raping his daughter.

From Para 7,

7. Settled position of law that sole testimony of the victim alone if found reliable is sufficient to convict the accused.

From Para 13,

It is also settled position that the child can be easily tutored.

State of Maharashtra Vs Abdulrehman Shahjadhussain Shaikh and Anr on 28 Mar 2022
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision POCSO Act Sec 3 - Penetrative Sexual Assault POCSO Act Sec 4 - Punishment for Penetrative Sexual Assault State of Maharashtra Vs Abdulrehman Shahjadhussain Shaikh and Anr | Leave a comment

Sonika Vs Vikas on 06 Jan 2022

Posted on February 23, 2022 by ShadesOfKnife

A Court in Delhi says that Interim maintenance has to be given to a woman who continues to reside in her matrimonial home.

From Paras 3 and 4,

3. After perusing the complaint u/s. 12 of Prevention of Woman from Domestic Violence Act (PWDV Act), the reply thereto and the documents filed, the learned trial Court passed the Impugned Order holding that the appellant is not entitled to any interim maintenance. Aggrieved of this order, the appellant has now approached this Court praying that she is indeed entitled to interim maintenance from her husband and therefore the impugned order must be set aside. On the other hand learned counsel for the respondent has argued that the impugned order has been correctly passed and is a well reasoned one, which should not be interfered with.
4. The relevant portion of the impugned order is reproduced below :-
“In the opinion of this Court, there is no ground to grant interim maintenance to the complainant at this stage. This is so because admittedly the children are in joint custody and are being taken care of by respondent no. 1 in the matrimonial home. Moreover, since the complainant is residing in the matrimonial home, it is difficult to believe that no expenses are being paid by respondent no. 1 for her sustenance. Thus, there is no ground to grant interim maintenance to the complainant. It is also pertinent to note that the complainant is well qualified and holds an MBA and B.Ed. Degree and also a diploma in Art and Craft and hence, in a position to earn a living for herself.
In view of the reasons mentioned in the aforesaid paragraphs, the application for interim maintenance stands dismissed.”
This Court is unable to agree with the above said findings and the reasoning behind it as given in the impugned order. Thus, for reasons discussed in detail below in the paragraphs that follow, the impugned order is set aside.

Now the verbal vomit begins…

From Para 5,

5. The trial Court has basically denied any interim maintenance to the appellant herein on the ground that since she is residing in the matrimonial house, it is difficult to believe that no expenses are being paid for her sustenance. Admittedly, the husband and the wife were residing in the same household at the time of passing of the Impugned Order. However, the trial Court was wrong in coming to the conclusion that merely because the aggrieved person before it was residing in her matrimonial house, she is not entitled to any maintenance. The appellant has made specific allegations of domestic violence in her complaint u/s. 12 of the PWDV Act before the trial Court. In fact an FIR has also been registered upon allegations of cruelty as made by the complainant wife to the concerned police authorities. The Domestic Incident Report (DIR) filed by the protection officer also corroborates the complaint of the appellant. As is usually the case, such instances of domestic violence as are narrated by the appellant before the trial Court, in her complaint, took place within the four walls of house and in support of her grievance, the complainant can only rely on the averments made in her complaint and cannot place much material on record to substantiate her averment at the initial stage. However, in view of this court, considering the detailed allegations as made in the complaint U/s 12 of the PWDV Act, there is sufficient material to give rise to at least a prima facie assumption that the appellant was treated with domestic violence.

From Paras 9, 10 and 11,

9. Also the trial Court did not apply the correct legal position and reasoning while holding that since the appellant is an M.A., B.Ed., so she is also capable of earning a decent salary and taking care of her own financial needs. Thus, she is not entitled to any maintenance. It is a settled law that the capacity to earn is totally different from the actual earnings. A middle aged woman, a mother of 3, who has accused her husband and in laws of threatening her with domestic violence, can not be denied maintenance on the ground that many years ago she had procured a B.A. and B.Ed. Degree. The complainant has specifically alleged in her complaint u/s. 12 of PWDV Act that despite her degree, she was not allowed to work by her husband and in laws ever since her marriage. The respondent husband never placed on record any material before the trial Court to show any earning of his wife since the date of marriage. He has not mentioned anywhere in his reply to the complainant u/s. 12 of PWDV Act or in his income affidavit what amount was ever earned by the complainant after marriage, who her employer was and for how many days she had so worked? If, indeed the wife had ever earned a decent amount for herself, the husband should have at least mentioned some details of the said earning and employment but the respondent is silent on this aspect. This only grants more credibility to the version of complainant that she has never worked after her marriage. Indeed the couple has three minor children aged around 11 (eleven) years, 09 (nine) years and 7 (seven) years. Thus, as is usually a practice in many Indian households, an educated woman despite her qualification may not be allowed to join any regular employment to take care of her young children born in quick succession and to attend to the needs of her husband and family.
10. Considering the admitted income of the respondent husband in the present case, while the appellant cannot be found entitled to any lavish life style, however, this does not mean that she is not entitled to even a single penny as her maintenance. Thus, considering the admitted income of the respondent husband, which is around Rs. 1,400/- (Rupees one thousand four hundred only) per working day (which amounts to around Rs. 32,000/- (Rupees thirty two thousand only) per month, the appellant is found entitled to an interim maintenance amount of Rs. 5,000/- (Five thousand only) per month towards her daily expenses of food, medicines, toiletries and such like needs. This amount has been arrived at after taking into account the fact that the respondent husband is also maintaining his three school going children and the complainant does not require any amount towards her residential needs as the appellant is residing in her matrimonial house as was admitted by the counsel for the appellant before the trial court on 26.03.2021.
11. The respondent no. 1 is hereby directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as interim maintenance to the appellant till the disposal of the complaint u/s. 12 of PWDV Act before the trial Court. This amount is to be paid from the date of filing of the complaint before the trial Court. Arrears be cleared within twelve months. A long time is given for clearing the arrears considering the salary of the respondent and his legal obligation towards maintaining his three children also.

Sonika Vs Vikas on 06 Jan 2022
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged PWDV Act Sec 23 - Interim Maintenance Granted Sonika Vs Vikas | Leave a comment

State of Maharashtra Vs Ahamed Aasif Fakih on 18 Mar 2021

Posted on April 4, 2021 by ShadesOfKnife

In this case before District Sessions Judge Thane, the accused-Advocate is prosecuted for offence of assaulting his own wife with intention to kill her and possessing firearm.

State of Maharashtra Vs Ahamed Aasif Fakih on 18 March 2021
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Advocate Antics State of Maharashtra Vs Ahamed Aasif Fakih | Leave a comment

Varun Priolkar Vs President Noorami Masjid and 3 Ors on 11 Mar 2021

Posted on March 24, 2021 by ShadesOfKnife

Additional District Magistrate at Ponda-Goa passed Orders that, loudspeakers may not be used without prior permission. Further a maximum noise level limit was prescribed.

Varun Priolkar Vs President Noorami Masjid and 3 Ors on 11 Mar 2021
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Noise Pollution (Regulation and Control) Rules 2000 Noise Pollution due to LoudSpeakers Varun Priolkar Vs President Noorami Masjid and 3 Ors | Leave a comment

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