web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Category: High Court of Himachal Pradesh Judgment or Order or Notification

Sanjeev Kumar and Ors Vs Sushma Devi on 01 Jun 2023

Posted on October 17, 2023 by ShadesOfKnife

A single judge of Himachal Pradesh High Court as follows, regarding framing of points/issues in Domestic Violence cases.

From Para 4(iii),

4(iii) In the instant case, parties led evidence in support of their respective pleadings. The record makes it apparent that the parties led their evidence without any points/issues having been framed in the matter.
Not only the points/issues were framed by the learned Trial Court in its judgment but the onus to prove such issues was also fastened upon respective parties, who were not even aware of formulation of the issues leave aside the onus to prove them. This approach was wholly erroneous. The parties were required to be made aware of the issues or the points they needed to prove in the case before directing them to lead evidence. This would have been not only in the interest of justice and fair play, but would have also provided the parties an opportunity to know the issues required to be proved by them. In accordance with provisions of the Act, demonstration by the complainant of existence of a relationship in the nature of marriage with the petitioner would have been sufficient under the Act. The complainant accordingly led her evidence. However, the learned Trial Court held the complainant could not establish that she was lawfully married to the petitioner. The complainant was not made aware of the points/issues framed by the learned Trial Court that she was required to prove her marriage with the petitioner in order to be successful in the proceedings. In case in the given facts, learned trial Court was of the view that the respondent-complainant was required to prove solemnization of her marriage with the petitioner, then the correct procedure would have been to make this issue known to the parties before ordering them to lead evidence. Framing of issues, for the first time, only in the judgment, placing burden of proving such issues on respective parties, deciding the case on the basis of such issues about which parties have not even been made aware of, is a procedure alien to well established legal and procedural conventions. It was imperative for the learned Trial Court to have framed issues/points for determination before directing the parties to lead evidence. The order passed by the learned Trial Court determining the points/issues and fixing the onus of proving those issues/points at the time of deciding the case was not in consonance with law. The order passed by the learned Trial Court was, therefore, justly interfered with by the learned First Appellate Court. The learned First Appellate Court also correctly observed that the petitioner had not signed the pleadings before the learned Trial Court. Accordingly, it gave an opportunity to the petitioner to rectify this irregularity by filing his affidavit before the learned Trial Court in support of unsigned pleadings.

Sanjeev Kumar and Ors Vs Sushma Devi on 08 Jun 2023

Citations:

Other Sources:

https://indiankanoon.org/doc/58984784/


Index of Domestic Violence cases is here.

Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Legal Procedure Explained - Interpretation of Statutes PWDV Act - Framing of Issues after Hearing Both Parties Sanjeev Kumar and Ors Vs Sushma Devi | Leave a comment

Ashmin Kashmiri Vs Pushkar Kashmiri on 04 Jul 2018

Posted on October 10, 2023 by ShadesOfKnife

A single judge bench at Himachal Pradesh High Court held that when no prima facie DV is established, no relief will flow, even to children/other respondents.

From Para 3,

3. Learned trial Court taking note of such factual details in the application has disposed of the same with a direction to the respondent-husband to pay `30,000/- per month by way of interim maintenance allowance to the petitioner and her children, however, without recording any prima-facie finding qua the alleged instances of her maltreatment and her children by the respondent and his mother. Therefore, the appeal preferred by the respondent-husband has been allowed by learned Sessions Judge vide order under challenge in this petition with the observation that in a case of domestic violence in order to seek the relief of interim maintenance under Section 23 of the Act, a prima-facie case qua maltreatment and existence of the instances of domestic violence is required to be made out. Learned Appellate Court thereby has not closed the right of the petitioner to claim interim maintenance for herself and also the children and rather remanded the application to learned trial Court for disposal after arriving at a conclusion and recording findings qua the instances of domestic violence, which of course shall be prima facie.
4. The impugned judgment, as such, cannot be said to be legally and factually unsustainable. The same is upheld, however, there shall be a direction to learned trial Court to decide the application at the earliest, preferably within two months from today.

Ashmin Kashmiri Vs Pushkar Kashmiri on 04 Jul 2018

Index of Domestic Violence cases here.

Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashmin Kashmiri Vs Pushkar Kashmiri No Evidence for Domestic Violence No Reliefs | Leave a comment

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Posted on December 12, 2020 by ShadesOfKnife

Single-judge bench held that husband has to pay maintenance even if wife is earning salary and he does not have salary. Just 15 pages. Read yourself.

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 20 - Maintenance Granted Reportable Judgement or Order Vipul Lakhanpal Vs Pooja Sharma | Leave a comment

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Posted on June 14, 2020 by ShadesOfKnife

 

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged Vipul Lakhanpal Vs Pooja Sharma | 2 Comments

Narinder Awasthy alias Nand Lal Vs State of Himachal Pradesh on 15 November, 2018

Posted on December 2, 2018 by ShadesOfKnife

High Court of Himachal Pradesh has granted anticipatory bail to the accused in this 420 case

Narinder Awasthy alias Nand Lal Vs State of Himachal Pradesh on 15 November, 2018

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 438 - Anticipatory Bail Granted Narinder Awasthy alias Nand Lal Vs State of Himachal Pradesh | Leave a comment

Yadwinder Singh & Others vs State Of H.P. & Others on 10 August, 2018

Posted on August 31, 2018 by ShadesOfKnife

A detailed judgment from Hon’ble High Court of Himachal Pradesh, categorically held that police at Nalagarh had no jurisdiction, as has/had been held hereinabove, proceedings if any pending before Courts at Nalagarh cannot be allowed to sustain and thereby the FIR dated 7.10.2014 as well as consequent proceedings are quashed and set aside

And the knife is at liberty to initiate action, if any, against the petitioners, on account of allegations contained in impugned FIR but at Jallandhar(Pb), either by lodging fresh FIR or by pursuing complaint filed by her at Women Cell Jallandhar.

Yadwinder Singh & Others Vs State Of H.P. & Others on 10 August, 2018
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court No Territorial Jurisdiction Sandeep Pamarati Yadwinder Singh and Others vs State Of H.P. and Others | Leave a comment

Ashmin Kashmiri Vs Pushkar Kashmiri on 4 July, 2018

Posted on July 7, 2018 by ShadesOfKnife

In this judgment Justice Dharam Chand Choudhary has affirmed that under section 23 of DV Act, the Magistrate should be satisfied that the DV application prima facie discloses that the respondent is committing, or has committed and act of domestic violence, he may grant an ex parte order on the basis of the affidavit.

As such the case is returned back to trial court to proceed in according to law.

Ashmin Kashmiri Vs Pushkar Kashmiri on 4 July, 2018

Citations: [2

Other Source links:

Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged Ashmin Kashmiri Vs Pushkar Kashmiri PWDV Act Sec 23 - Inquire Prima Facie DV Before Granting Interim Maintenance Sandeep Pamarati Work-In-Progress Article | Leave a comment

Ramesh Chand Vs State of Himachal Pradesh on 11 April, 2017

Posted on May 29, 2018 by ShadesOfKnife

Wonderful judgment from High Court of Himachal Pradesh where the Husband was acquitted from IPC 498A for following reasons

  1. 9 months of delay in filing complaint
  2. No specific allegation attracting IPC 498A
  3. Co-accused were acquitted on same set of evidence by lower courts

 

Ramesh Chand vs State Of Himachal Pradesh on 11 April, 2017
Posted in High Court of Himachal Pradesh 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 Acquitted in IPC 498A Delay or Unexplained Delay In Filing Complaint Ramesh Chand Vs State of Himachal Pradesh | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
futurestacked Future Stacked @futurestacked ·
23 Jun

Your Gmail account is not an email account.

It is the master key to your bank, your crypto, your Apple ID, your PayPal, and every password you have ever saved.

One breach and all your passwords are gone.

Lock it down with these 7 easy steps 👇

Reply on Twitter 2069354786743374317 Retweet on Twitter 2069354786743374317 104 Like on Twitter 2069354786743374317 260 X 2069354786743374317
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
thisguyknowsai Brady Long @thisguyknowsai ·
22 Jun

A German psychologist proved in 1885 that cramming erases what you learned within 48 hours. He published the fix in the same book. Almost no school on Earth has adopted it in 140 years.

His name was Hermann Ebbinghaus.

He had no lab. No funding. No colleagues.

He worked alone

Reply on Twitter 2068965021514891696 Retweet on Twitter 2068965021514891696 958 Like on Twitter 2068965021514891696 2820 X 2068965021514891696
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
factcheckapgov FactCheck.AP.Gov.in @factcheckapgov ·
22 Jun

ఎంతో ప్రతిష్టాత్మకంగా నిర్వహించి ప్రజల ఆరోగ్యం పట్ల అవగాహన కల్పించిన అంతర్జాతీయ యోగా దినోత్సవం సందర్భంగా రాష్ట్రం లో పలుచోట్ల నిర్వహించిన యోగా కార్యక్రమం పై కొందరు తప్పుడు ప్రచారం చేస్తున్నారు. ఈ కార్యక్రమం కోసం రూ. 600 కోట్లు ఖర్చు అయినట్లు చెప్పడం పూర్తిగా అసత్యం. రాష్ట్రంలో

Reply on Twitter 2068972932827869255 Retweet on Twitter 2068972932827869255 38 Like on Twitter 2068972932827869255 85 X 2068972932827869255
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
jaitdp Telugu Desam Party @jaitdp ·
22 Jun

చీఫ్ మినిస్టర్.. టీచర్ అయిన వేళ

అంగన్వాడీ కేంద్రాన్ని సందర్శించిన సీఎం చంద్రబాబు కాసేపు టీచర్‌గా మారి, పిల్లల అభ్యసనం ఎలా ఉందో తెలుసుకున్నారు. ఇంగ్లీష్ ఆల్ఫాబెట్స్ చెప్పమని సీఎం అడిగేసరికి పిల్లలు చక్కగా చెప్పారు.
#ChandrababuNaidu
#AndhraPradesh

Reply on Twitter 2068873963246399922 Retweet on Twitter 2068873963246399922 73 Like on Twitter 2068873963246399922 310 X 2068873963246399922
Load More

Recent Posts

  • Checklist Before Filing Quashing Petition – Complete Practical Guide June 25, 2026
  • Affidavit of Cooperation with Investigation – Format, Legal Requirements & Sample Draft June 25, 2026
  • Vijay R. Nair Vs Lijitha on 12 Jun 2026 June 24, 2026
  • Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025 June 18, 2026
  • Manoj Kumar Vs Nita Bharti on 17 Mar 2026 June 17, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,948 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,489 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,373 views)
  • Charge Sheet and Final Report Explained (2,822 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,199 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,004 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,937 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,782 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,699 views)
  • Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (1,542 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (414)Legal Procedure Explained - Interpretation of Statutes (382)Landmark Case (381)1-Judge Bench Decision (362)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce granted on Cruelty ground (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)

Categories

Supreme Court of India Judgment or Order or Notification (753)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (328)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (79)High Court of Madras Judgment or Order or Notification (70)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (47)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Calcutta Judgment or Order or Notification (27)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • June 2026 (12)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    THIS IS A SCHEDULED EVENT Jun 25, 00:00 - 05:00 UTC Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ARN (Stockholm) on 2026-06-24 June 24, 2026
    Jun 24, 05:00 UTC Completed - The scheduled maintenance has been completed. Jun 24, 00:00 UTC In progress - Scheduled maintenance is currently in progress. We will provide updates as necessary. Jun 19, 13:08 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-24 between 00:00 and 05:00 UTC.Traffic might […]
  • Network Performance Issues - Increased HTTP 5XX Errors in Ashburn, US June 23, 2026
    Jun 23, 16:00 UTC Resolved - Between 17:07 and 17:45 UTC, Cloudflare experienced network performance issues in the Ashburn, US region, resulting in an elevated rate of 5xx errors for a subset of traffic. During this time, impacted users may have encountered intermittent connectivity issues or unexpected server responses. The underlying issue was successfully mitigated, […]

RSS List of Spam Server IPs from Project Honeypot

  • 34.106.192.29 | SD June 23, 2026
    Event: Bad Event | Total: 6 | First: 2026-06-23 | Last: 2026-06-23
  • 182.161.69.73 | S June 23, 2026
    Event: Bad Event | Total: 16 | First: 2011-01-28 | Last: 2026-06-23
  • 34.80.202.241 | SD June 23, 2026
    Event: Bad Event | Total: 6 | First: 2026-06-23 | Last: 2026-06-23
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1476 access attempts in the last 7 days.

pixel