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True Colors of a Vile Wife

Category: High Court of Calcutta Judgment or Order or Notification

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

Posted on May 24, 2022 by ShadesOfKnife

A single judge of Calcutta High Court held as follows:

On an examination of the controversy involved in the present case in the background of the law laid down in Rakesh Malhotra (supra) once it comes to the knowledge of the learned Magistrate that the marriage between the parties have been dissolved by a decree of divorce under the relevant provisions of Section 13B of the Hindu Marriage Act and it is found that the wife has received a lump-sum amount as onetime payment towards maintenance, what would be the procedure adopted in the following circumstances:
(a) A fresh case under Section 125 of the Code of Criminal Procedure is filed.
(b) The proceedings under Section 125 of the Code of Criminal Procedure was pending and the Civil Court has dissolved the marriage by decree of divorce and there was no information before the Civil Court regarding the pendency of the proceedings under Section 125 of the Code of Criminal Procedure.
(c) Procedure/steps to be adopted by the learned Magistrate if the proceedings under Section 125 of the Code of Criminal Procedure and the proceedings under Section 13B of the Hindu Marriage Act (which has already been decided) are in different sub-divisions or different districts or different States.
As the aforesaid questions involve serious ramification so far as the proceedings under Section 125 of the Code of Criminal Procedure are concerned, I am of the view that the same is to be referred and settled by a Larger Bench (as there are conflicting judgments of this Court on the point).
Accordingly, the record of the case be placed before The Hon’ble The Chief Justice (Acting), High Court at Calcutta.

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

The case was ordered to be listed but it’s been over 8 months, the Judges did not find time to look in it…

Prasenjit Mukherjee Vs State of West Bengal and Ors on 10 Sep 2021 (List Matter)
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Maintenance after Mutual Consent Divorce Multiple Maintenances Orders Prasenjit Mukherjee Vs State of West Bengal and Ors Question of Law Involved Rajnesh Vs Neha and Anr Referred to Large Bench | Leave a comment

Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020

Posted on March 10, 2022 by ShadesOfKnife

Relying on Apex Court’s Surinder Mohan Vikal decision, Calcutta High Court held as follows:

In the instant case, the cause of action arose from the date when First Information Report was registered and not from the date on which the complainant was acquitted from the charge.

Rabindra Nath Pal Vs Ratikanta Paul and Ors on 6 Mar 2020

Citations :

Other Sources :

https://indiankanoon.org/doc/50050401/

https://www.casemine.com/judgement/in/5faa5a1c4653d02a0b1309ab

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation IPC 499 - Defamation IPC 500 - Punishment For Defamation Non-Reportable Judgement or Order Rabindra Nath Pal Vs Ratikanta Paul and Ors Surinder Mohan Vikal Vs Ascharaj Lal Chopra | Leave a comment

Sukla Mukherjee Vs State on 13 Dec 1994

Posted on December 1, 2021 by ShadesOfKnife

A single judge bench of Calcutta High Court held as follows,

The Ld. Magistrate dismissed that application on the ground, inter alia, that Section 205 of the Cr. P.C. is not applicable in a case which is instituted on police report. That is not the interpretation of Section 205. Sub-section (1) of Section 205 does not limit the application only to a complaint case, it can also be applied even in a case instituted on police report. So, the reason that has been given by the Ld. Magistrate for refusing the personal exemption of the petitioner is not at all logical and it is illegal.

Casemine version:

Sukla Mukherjee Vs State on 13 Dec 1994

Citations:

Other Sources :

https://indiankanoon.org/doc/294422/

https://www.lawyerservices.in/Sukla-Mukherjee-Versus-State-1994-12-13


Index here.

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused Not Authentic copy hence to be replaced Reportable Judgement or Order Sukla Mukherjee Vs State | Leave a comment

Ramapada Basak and Anr Vs State of West Bengal and Ors on 23 Jul 2021

Posted on July 27, 2021 by ShadesOfKnife

Single judge bench of Calcutta High Court held as follows:

It is now well settled that the children and their spouses living in the senior citizen’s house are at best “licensees”. Such licence comes to an end once the senior citizens are not comfortable with their children and their families. This principle has also been followed by the Delhi High Court in in WP(C) 2761/2020 (Sandeep Gulati Vs. Divisional Commissioner), decided on 13.03.2020 and the Punjab and Haryana High Court in the cases of (a) Manmohan Singh Vs. U.T. Chandigarh and Ors. (Case No. 1365/2015), (b) Samsher Singh Vs. District Magistrate, U.T. Chandigarh (Case No. 2017 CWP 6365) and (c) Gurpreet Singh Vs. State of Punjab (Case No. 2016(1) RCR (Civil) 324)
Two issues would come up for consideration. The first of which is the availability of alternative remedy under the provisions of the Maintenance and Welfare of Parents Senior Citizens Act, 2007. The other is a right of a daughter-in-law of residence to be provided by either the husband or the father-inlaw, if directed by a competent court under the provisions of the Domestic Violence Act, 2005.
The Hon’ble Supreme Court in the case of S. Vanitha Vs. Deputy Commissoner, Bangaluru Urban District and Ors. reported in 2020 SCConline SC 1023 has said that since both, the Senior Citizens Act, 2007 as also the Domestic Violence Act, 2005 are special legislations, the two must be construed harmoniously and applied suitably by a writ court hearing a plea of the senior citizens that they do not want their children to live with them. At paragraphs 35-40 the Hon’ble Supreme Court has elaborately dealt with the principle under the headline “E. Harmonising competing reliefs under the PWDV Act 2005 and Senior Citizens Act 2007”.
In the instant case, it is seen that no right of residence has been sought under any Statute by the daughter-in-law. Hence, this Court is of the view that there is no impediment in allowing exclusive residentiary rights to the senior citizens and to direct eviction of the son and daughter-in-law.
On the question of alternative remedy, this Court is conscious of the principles laid down by the Hon’ble Supreme Court in the case of Whirlpool Corporation Vs. Registrar of Trademark reported in (1998) 8 SCC 1 and upheld recently in the year 2021 in the case of Radha Krishan Industries Vs.
State of Himachal Pradesh and Ors. reported in 2021 SCCOnline SC 334.
However, the right of senior citizen to exclusively reside in his own house, must be viewed from the prism of Article 21 of the Constitution of India. To compel a senior citizen to approach either a civil court (the jurisdiction of which is any way barred under Section 27 of the 2007 Act) or take recourse to a special Statute like the 2007 Act would in most cases be extremely erroneous and painful for a person in the sunset days of life. This Court is therefore of the view that the principle of alternative remedy cannot be strictly applied to Senior Citizens and a Writ Court must come to the aid of a Senior Citizen in a given case.
A nation that cannot take care of its aged, old and infirm citizens cannot be regarded as having achieved complete civilization.

Ramapada Basak and Anr Vs State of West Bengal and Ors on 23 Jul 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/9363669/

Children living in parents’ house are at best licensees: Cal HC says senior citizens’ exclusive residentiary rights to be viewed from prism of Art. 21

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Maintenance and Welfare of Parents and Senior Citizens Act 2007 Ramapada Basak and Anr Vs State of West Bengal and Ors Right to Residence in InLaws property | Leave a comment

Rehena Khatoon Vs Jargis Hossain on 24 Jun 2021

Posted on July 10, 2021 by ShadesOfKnife

A single judge bench of Calcutta High Court held that a divorced women is entitled to maintenance even if she unilaterally obtains divorce from her husband.

The Learned Trial Judge committed illegality when she held that a divorced wife is not entitled to get maintenance. The petitioner moved in revision for redrassal of the said wrong but she was again wronged by the Learned Revisional Court on the ground that the petitioner was allegedly found in compromise situation with a third person by the opposite party and accordingly she was not dutiful to her husband.
Law is absolutely settled that even a divorced wife is entitled to get maintenance till her remarriage if she is unable to maintain herself. The impugned order does not suggest any finding as to whether the petitioner was able or unable to maintain herself or not independently.

Rehena Khatoon Vs Jargis Hossain on 24 Jun 2021

Citations :

Other Sources :

 

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 - Maintenance Granted Rehena Khatoon Vs Jargis Hossain | Leave a comment

Netai Ghosh and Anr Vs State of West Bengal on 21 Jun 2021

Posted on June 28, 2021 by ShadesOfKnife

Relying on the Apex Court here, it was held that Voluntary gifts are not dowry. Conversely, which idiot would say that, at marriage, he is giving demanded dowry and which idiot will say openly that I am taking demanded dowry. Haha… Good one!

From Para 25,

25. Under Section 4 of the Act, mere demand of dowry is not sufficient to bring home the offence to an accused. Thus, any demand of money, property or valuable security made from the bride or her parents or other relatives by the bridegroom or his parents or other relatives or vice versa would fail within the mischief of “dowry” under the Act where such demand is not properly referable to any legally recognized claim and is relatable only to the consideration of marriage. Dowry as a quid pro quo for marriage is prohibited and not the giving of traditional presents to the bride or the bride groom by friends and relatives. Thus, voluntary presents given at or before or after the marriage to the bride or the bridegroom, as the case may be, of a traditional nature, which are given not as a consideration for marriage but out of love, affection on regard, would not fall within the mischief of the expression ‘dowry’ made punishable under the Act. The decision of the Hon’ble Supreme Court in the case of S. Gopal Reddy vs. State of Andhra Pradesh reported in AIR 1996 SC 2084 may be relied on in support of the above observation.

Netai Ghosh and Anr Vs State of West Bengal on 21 Jun 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/37558025/

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged DP Act 2 - Gifts Are Not Dowry Netai Ghosh and Anr Vs State of West Bengal S.Gopal Reddy Vs State of Andhra Pradesh | Leave a comment

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home

Posted on March 23, 2021 by ShadesOfKnife

 

On 2021-03-22

High Court raised a question if State Government is considering any payment to Dipak Joshi,towards Compensation or damages for 41 years of incarceration without trial.

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home on 22 Mar 2021
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged In re UTP Dipak Joshi lodged in Dum Dum Central Correctional Home PIL - Under Trial Prisoners Public Interest Litigation | Leave a comment

Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

Posted on September 29, 2020 by ShadesOfKnife

High Court of Calcutta held as following, while granted husband a decree of divorce.

However, we, in this matrimonial proceeding for divorce, cannot approve the action of the wife of forcefully entering the house of the husband when a suit for divorce had already been filed against her on the ground of cruelty. She had her rented accommodation where she was staying and had also the paternal house at Dum Dum. She is an employee of the Central Government and is not a helpless lady in that sense of the term and not even dependant upon the husband in anyway. In our view, once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband. In the case before us, the respondent being an employee of the Central Government, she is quite capable of maintaining herself and thus, she had no right to enter the house of the husband by the help of the local people. The sole object of the respondent was to frustrate the suit by contending that she had been staying in the same room as husband and wife and she has actually taken such plea in this proceeding. We, however, do not believe such assertion of the wife after taking into consideration the fact that the she has initiated proceedings under Section 498A of the Indian Penal Code during the pendency of the suit and all the members of the family were arrested. No reasonable person will believe the statement of the wife that the husband is staying with her notwithstanding the pendency of the criminal case where charge has been framed and he is an accused person along with other members of the family. Such wrongful entry in the house with the help of local people has definitely caused humiliation of the husband, an employee of the defence service, in the estimation of the local people and in the facts of the present case positively amounts to cruelty. We further find that the wife in her written statements made specific allegation that the husband, in order to marry his girlfriend and to misappropriate her ornaments, filed the suit for divorce. In evidence, however, the respondent did not lead any evidence in support of such allegation about the moral character of the husband and no suggestion was even given in cross-examination of the husband that he had any illicit relation with any girl. We, therefore, find that the wife has made baseless allegation against the husband in the written statement about the desire of the husband to marry any other lady and such act also amounts to cruelty.
Therefore, even if we hold that the husband has failed to prove that the wife used to allege his illicit relation with his own sisters, we are satisfied that the subsequent behaviors of the wife towards the husband definitely amount to cruelty.

And then…

We find from the deposition of the wife that she is a pathological liar as would appear from various deliberate false statements made in course of deposition. She stated that she came to know of the filing of the suit on 12th August, 1990 whereas it appears from the order-sheet that she entered appearance in the suit on 26th April, 1990 and repeatedly prayed for time to file written statement. In her cross-examination, she stated that she lodged complaint under Section 498A of the Indian Penal Code against her father-in-law and the sisters-in-law and not against her husband although it appears that the husband was one of the accused persons and was arrested. She further stated in one place of her deposition that in the rented accommodation, both of them were happy and there was no torture upon either of the parties. (See: page 112 at the penultimate paragraph of the Paper Book). Such statement is inconsistent with her other statements as regards the alleged misbehaviour of the husband in the rented accommodation. She has alleged conspiracy of killing her against the sisters of the husband and in the same breath, expressed her desire to stay with her husband along with her sisters-in-law. She specifically stated that she never created pressure to take any rented house but the facts remain that the said tenancy was taken in her name and it was not the husband who of his own took such tenancy in the name of his wife.
On consideration of the entire materials on record we, thus, find that from the very beginning the wife and her family, took shelter under the local
organisations controlled by the political party and created pressure upon the husband, first to become a domesticated son-in-law and then to take rented accommodation for the purpose of living separately from the old parents and the dependant sisters of the husband. Even thereafter, she could not be happy and when, the suit was filed after the death of her mother-in-law, she with the help of the local political party entered forcibly in the house of her husband and started criminal proceedings against the husband and the members of his family. However, in Court she took a stance that she was ready to live with her husband. All these facts taken together will lead to the conclusion that she was intolerant in her attitude and her aforesaid acts definitely amounted to cruelty.

 

Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

Naveen Kohli case here.


Other cases wherein Divorce was granted to Husband here.

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations HM Act 13 - Divorce Granted to Husband Naveen Kohli Vs Neelu Kohli Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury | Leave a comment

Vineet Ruia Vs Govt of West Bengal & Ors

Posted on June 7, 2020 by ShadesOfKnife

 

Here is the Petition:

Vineet Ruia Vs Govt of West Bengal & Ors
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Right to Burial Work-In-Progress Article | Leave a comment

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Posted on March 25, 2020 by ShadesOfKnife

Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Citations:

Other Source links:


 

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act 13 - Divorce Granted to Husband Suchitra Kumar Singha Roy Vs Arpita Singha Roy | Leave a comment

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