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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 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

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