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True Colors of a Vile Wife

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

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018

Posted on March 23, 2019 by ShadesOfKnife

This Trial court ordered to revoke interim maintenance order due to the fraud played on the court by the fraudster knife. Moreover, ordered that if “any maintenance amount paid by the respondent to the applicant be refunded to the respondent within two months from this order.”

And the largess of the Magistrate,

However, merely because the interim relief at Exh. 14 revoke, this shall not come in the way of the applicant filling a fresh application seeking for any interim relief on new ground.

The final highlight is

No Perjury proceedings are initiated suo moto.

Mohini Jagtap Vs Rohit Jagtap and Ors on 21 August, 2018
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Mohini Jagtap Vs Rohit Jagtap and Ors Perjury - Not Initiated Suo Moto PWDV Act - Refund of Maintenance | Leave a comment

Sonia Manchanda Vs Ashok Manchanda on 7 November 2016

Posted on January 7, 2019 by ShadesOfKnife

 

https://indiankanoon.org/doc/155509051/

https://indiankanoon.org/doc/150911054/

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged PWDV Act - Refund of Maintenance Work-In-Progress Article | Leave a comment

Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018

Posted on January 1, 2019 by ShadesOfKnife

The cunning knife’s appeal against interim maintenance dismissal is again dismissed by Session’s Court.

Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018

This is based on the landmark judgment from Karnataka High Court here.


 

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged PIL - CrPC 125 or BNSS 144 Must Go From Statute Book PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance PWDV Act Sec 23 - Interim Maintenance Denied Vidhya B.G Vs Yeshwanth Kumar | Leave a comment

Rajan Parmar Vs Mamta Parmar on 10 March, 2016

Posted on December 2, 2018 by ShadesOfKnife

Wonderful judgment from Ms Rekha Rani of Delhi District and Sessions Court, who held that

From Para 10, “It is quite shocking and deplorable that a person having the qualification as the respondent has, having capacity to work has chosen not to work on her own will. Respondent further stated that she cannot travel alone anywhere and she wants the appellant to travel with her to help her in search of job. The said submission is neither palatable nor digestible. She is embroiled in bitter litigation with the appellant. Both are coming to the Court separately. If respondent can come to the Court to fight litigation alone, she can go alone to search a job as well.“

From Para 11,

“Be that as it may, at this stage, the appellant has stated that he is willing to accompany the respondent whereever she has applied for a job and get a call for interview. He has also stated that he is also willing to assist her in whatever way she wants his assistance in finding placement. He also voluntarily agreed to pay Rs.12,000/- per month to the respondent as awarded to the respondent vide the impugned order for a period of one year and has submitted that during this period respondent should make sincere efforts for getting a job.”

From Para 12,

“I fully agree with the submissions made by the appellant. Respondent admitted being more qualified than the appellant. She admitted being able bodied person and having capacity to earn. As such she cannot be allowed to sit idle at home to put financial burden on the appellant. Let her make sincere endeavour to find work. As offered by appellant, if respondent needs assistance of the appellant in finding job, she may communicate with him by sending SMS on mobile / email. Both the parties are directed to exchange their respective mobile numbers and email addresses, within a week before Ld. Trial Court. Appellant has agreed to pay her maintenance of Rs.12,000/- per month for a period of one year and during this period, she should make sincere efforts and start working. The impugned order is operative for one year from the date of order.”

Rajan Parmar Vs Mamta Parmar on 10 March, 2016

The earlier order from trial court which ordered monthly Rs.12,000/- maintenance is here.


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Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged PWDV Act Sec 20 - Maintenance Granted for 1 Year Only Rajan Parmar Vs Mamta Parmar | Leave a comment

Sudha Vs State (NCT of Delhi) on 4 January 2016

Posted on September 26, 2018 by ShadesOfKnife

In this revision filed by knife against the discharge of husband’s relatives, District Court of Delhi, held that not every cruelty attracts IPC 498A especially in the absence of a harassment/demand for same.

From Para 5,

Perusal of the file reveals that case was registered on the complaint given by the petitioner to the Joint Commissioner of Police. In this complaint it is no where mentioned that any of the respondents no. 2 to 6 had made any specific demand and the allegations are against her husband.

….

Perusal of the file further reveals that supplementary statements of petitioner were recorded on 29.03.2006 & 02.05.2004. In the complaint given to the Joint Commissioner of Police, there are no allegation of harassment and dowry demand against any of the respondents no. 2 to 6. There are allegation against respondent nos. 5 & 6 that they had thrown the gifts and they refused to accept them as the same were not as per their choice. There are allegation against the respondents no. 3 & 4 that they started fighting with the petitioner. They also stated to the petitioner that they are foreign returns and taunted the petitioner and further they demanded for change of gifts. I am of the view that these allegations cannot be construed as demand in view of Section 498A IPC. The Ld. MM has rightly came to conclusion that all the allegations are general in nature. The counsel for the petitioner is not able to make out any allegation of harassment or dowry demand against the respondents no. 2 to 6.

Para 6 further destroys the prosecution case,

It is admitted fact that marriage of the petitioner was solemnized on 20.06.2002 and complaint was filed on 11.11.2003. It is also admitted fact that the marriage between respondents no. 3 & 4 was solemnized in the year 1999 and marriage between respondents no. 5 & 6 were solemnized in the year 2000. It isalso admitted fact that respondents no. 3 to 6 are not residing in the matrimonial house of the petitioner and they are residing separately after the marriage of thepetitioner. It is true that no date, time and place has been given by the complainant when any demand was raised by the respondents no. 2 to 6.

From Para 8,

But, it is not harassment of every nature which is punishable under Section 498A of IPC. In order to attract criminal liability, there should be torture physical or mental, positive acts. Such acts should be aimed at persuading or compelling the woman or her relatives to meet an unlawful demand of any property or valuable security or it should be actuated by the failure of the woman or her relative to meet such a demand.

Sudha Vs State (Nct Of Delhi) on 4 January, 2016

The landmark judgment of High Court of Bombay is available here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Catena of Landmark Judgments Referred/Cited to CrPC 239 - Discharged DP Act 4 - Dowry Demand Not Proved DP Act 4 - Not Made Out IPC 498A - Cruelty Not Proved IPC 498A - Cruelty Without Dowry Demand IPC 498a - Not Made Out Sudha Vs State (Nct Of Delhi) | Leave a comment

Arnab Rao Vs An Application For Bail

Posted on September 3, 2018 by ShadesOfKnife

This driver, Mr Arnab Rao was detained for 64 days before he was granted a bail in a car accident case. As per articles below, it took time for his mother to gather the Rs.20000/- to pay for bail money.

 

Arnab Rao Vs An Application For Bail

Related news articles here and here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Arnab Rao Vs An Application For Bail Bail Granted | Leave a comment

Vikash Gupta vs Deep Mala Gupta on 29 November, 2017

Posted on September 1, 2018 by ShadesOfKnife

Interesting case under CrPC 341 (Appeal on CrPC 340 dismissal) here from District Court of Delhi. It was held that, the administration of justice would not have been affected even though there was concealment of material fact.

From Para 18,

Secondly, it was submitted that in the present case, no interim order was passed by the ld. Trial court in favour of the respondent, believing the averments made in para 1(k) of the application.

From Para 30,

Therefore, in the facts of the present case, the administration of justice with regard to grant of maintenance to the respondent/wife would not have been affected despite there being concealment of facts in para 1(k) of the application filed by the respondent as there was other material on record filed by the respondent in the nature of Hon’ble High Court of Jharkhand’s order dated 04.12.2008, admission made in the rejoinder regarding receipt of subsistence allowance and the evidence by affidavit being there on record admitting claiming of subsistence allowance from the appellant.

Vikash Gupta vs Deep Mala Gupta on 29 November, 2017
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 340 - Dismissed/Rejected CrPC 341 - Dismissed Perjury - Administration of Justice Not Affected Perjury Rejected Vikash Gupta vs Deep Mala Gupta | Leave a comment

Shaik Asma and Azeem on 27 December, 2016

Posted on August 8, 2018 by ShadesOfKnife

In this order, Hon’ble Addl MSJ has convicted the mother and father of the sex victim for giving inconsistent evidence under IPC 193 read with CrPC 344.

 

Shaik Asma and Azeem on 27 December, 2016
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged IPC 193 read with CrPC 344 Shaik Asma and Azeem | Leave a comment

State of Karnataka Vs H.K. Nagaraj Kumar on 16 April, 2018

Posted on July 10, 2018 by ShadesOfKnife

This is judgment from a Senior Civil Judge at Tumkur. See how he totally flouts the settled principles in law established by Hon’ble Apex Court in a catena of judgments that if accused produces evidence of sterling quality which destroys the case of prosecution, it can be looked into.

From Para 9,

Therefore, at this stage, only on the documents produced by the accused No.2 and No.3, they cannot be discharged for the offences alleged against them.

 

[google-drive-embed url=”https://drive.google.com/file/d/12EpzvzDQQtsSToJedzxWCONnhekZ_HPV/preview?usp=drivesdk” title=”State of Karnataka Vs H.K. Nagaraj Kumar on 16 April, 2018.pdf” icon=”https://drive-thirdparty.googleusercontent.com/16/type/application/pdf” width=”100%” height=”400″ style=”embed”]

See the Perjury success Mr Nagaraj got on his MIL here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 239 - Discharge Rejected Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam State of Karnataka Vs H.K. Nagaraj Kumar | Leave a comment

Sub-Inspector of Police Vs Velpula Venkata Rao on 11 July, 2017

Posted on July 9, 2018 by ShadesOfKnife

Here is the acquittal judgment related to this DVC here.

 

Sub-Inspector of Police Vs Velpula Venkata Rao on 11 July, 2017
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Acquitted in IPC 498A Sub-Inspector of Police Vs Velpula Venkata Rao | Leave a comment

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