Relying on the Landmark judgements of Dastane and Ghosh, the Division bench of the Kerala High Court delivered a good judgment and granted Divorce to Husband on the ground of Mental cruelty.
Category: High Court of Kerala Judgment or Order or Notification
Rajesh R. Nair Vs Meera Babu on 5 Mar 2013
A Division bench of Kerala High Court held that, a wife who is living separately by mutual consent, is not entitled to receive maintenance or Interim maintenance.
From Para 10,
Now, the question arises for consideration is whether the respondent is entitled to receive maintenance or interim maintenance from the petitioner after they have been living separately by mutual consent i.e., from 30.4.2011 onwards.
Going by the above sub-section, no wife is entitled to receive maintenance from her husband if they are living separately by mutual consent. Here, the petitioner and the respondent have been living separately since 30.4.2011. Therefore, Exts.P1 and P2 claims for maintenance and interim maintenance respectively filed by the respondent are hit by sub-section (4) of Section 125 of Cr.P.C. In other words, Exts.P1 and P2 claims are not maintainable. Hence, Ext.P11 common order passed by the Family Court is liable to be set aside. Ext.P1 claim for maintenance is liable to be quashed.
Citations : [2013 SCC ONLINE KER 24120], [2013 CRI LJ 3153], [2013 AIC 125 705], [2013 KLT 1 899], [2014 RCR CRI 1 411], [2014 CCC 1 99]
Other Sources:
https://www.casemine.com/judgement/in/5ac5e4694a93261aa7929df4
https://www.legitquest.com/case/rajesh-r-nair-v-meera-babu/197C65
V.K.Vijayalekshmi Amma Vs Bindu V on 2 Dec 2009
This case was decided by a single-judge bench and key points are highlighted below. This case law was cited here.
Citations : [2010 AIR KER NOC 415], [2010 ILR KER 1 60], [2010 CRLJ NOC 549], [2010 RCR CIVIL 6 1046], [2010 KERLT 1 79], [2009 SCC ONLINE KER 6448], [2010 AIC 87 367], [2010 KLT 1 79]
Other Sources :
https://indiankanoon.org/doc/40197/
https://www.casemine.com/judgement/in/56b48cef607dba348ffefb96
http://document.manupatra.com/kerala/2001-2003/ke2009/K090810.htm
Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020
A single-judge bench of Kerala High Court, while denying to invoke 482 CrPC to quash a DV case based on the landmark judgment here, held as follows. But Supreme Court had taken a different view in the landmark judgment here just a month later.
From Para 8,
8. The Act is a welfare legislation enacted to provide a remedy in civil law for protection of women from domestic violence. The proceedings under the Act are, therefore, essentially civil in nature except in so far as it relate to Section 31 dealing with the breach of protection order issued under the Act
and Section 33 dealing with failure or refusal by Protection Offices in discharging their duties in terms of the orders issued by the Court. As such, in Vijayalekshmi Amma v. Bindu, 2010 (1) KLT 79, this Court held that a party against whom a proceedings is initiated under Section 12 of the Act cannot approach this court for quashing the proceedings, invoking the power of this Court under Section 482 of the Code, and that the power of this Court under Section 482 can be exercised only in appropriate cases either to give effect to any order passed under the Act or to prevent abuse of the process of the court or to secure the ends of justice, when cognizance is taken by the Magistrate for an offence under subsection (1) of Section 31 or Section 33 of the Act.…
As evident from the extracted paragraphs of the judgement, this Court has held in the said case that a person to whom notice is issued by the Magistrate in an application under Section 12 of the Act can appear before the Magistrate and contend that the proceedings is not maintainable against him, on the ground either that the person who filed the application is not an ‘aggrieved person’ as defined in Section 2(a) of the Act, or that he would not fall within the definition of the ‘respondent’ in Section 2(q) of the Act, or that the allegations do not make out a case of ‘domestic violence’ as defined in Section 2(g) of the Act or that the reliefs sought are not reliefs provided for in the Act. It was also held by this Court in the said case that such contentions as regards the maintainability of the application, if raised, shall be decided by the Magistrate. It was further held by this Court in the said case that so long as the respondent is not an accused in a proceedings initiated under the Act, he is not even obliged to apply for bail in respect of such proceedings and his personal presence is not mandatory for hearing and disposing of an application under Section 12. In the light of the decision of this Court in Vijayalekshmi, according to me, the Criminal M.C. is not maintainable.
Misuse of Social Welfare (Gender-biased) Laws in India:
From Para 9,
9. Despite the findings aforesaid, it is necessary to mention that in so far as the proceedings under the Act are to be dealt with by criminal courts in accordance with the procedure prescribed under the Code, it has become a common practice now to rope in the relatives, at times even distant relatives of the person from whom relief is essentially intended, as respondents in the applications instituted under the Act without any bonafides and with oblique motives, on omnibus and vague allegations, despite various judgements of the Apex Court deprecating that practice. In Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667, the Apex Court has taken note of the said fact and observed that majority of such complaints are filed either on the advice of the lawyers or with their concurrence. Be that as it may. It is also observed that notice is invariably issued to all the respondents in such applications without application of mind as to whether the aggrieved person has made out a case of domestic violence against all of them, as a result of which, it is noticed that some of the proceedings under the Act, where parties are arrayed as respondents without making out a case of domestic violence against them, have become a tool of harassment at the hands of the aggrieved persons to obtain reliefs which they are not entitled to. The statute being a remedial one to protect the women from domestic violence, it has to be enforced having regard to the realities of life. As such, even while taking all endeavours possible to protect the aggrieved persons from domestic violence, the courts have to be extremely cautious and careful to ensure that its powers are not being abused. One of the important steps to be taken towards that direction is to scrutinize the applications meticulously and satisfy that a case of domestic violence as defined in the Act is made out against all the respondents and no one is arrayed as a party to the proceedings on omnibus and vague allegations, so that the court can refrain from issuing notice to them. The provisions in the statute especially Section 28, conferring power on the Magistrate to lay down its own procedure for disposal of an application under Section 12 or under subsection (2) of Section 23 would indicate that the scheme of the statute is that the approach of the courts shall be to enforce the provisions of the Act, keeping in mind the fact that the parties who are close relatives in most of the cases, would at some point of time reconcile their differences and lead a life in harmony and the opportunity for the parties to bring about a settlement of their differences is not lost on account of the steps taken in the proceedings. If proceedings under the Act are permitted to be used as tools of harassment, I have no doubt that the possibility of the parties settling their disputes amicably and leading a life in harmony would be bleak.
Citations: [2020 SCC ONLINE KER 4238]
Other Sources :
https://indiankanoon.org/doc/126633191/
https://www.casemine.com/judgement/in/5f80abd89fca190ae54bcb50
Index to DV Judgements is here.
Pradeepkumar Vs State of Kerala on 23 Nov 2020
A consensual sexual act is given a color of a rape in this case and the accused got bail u/s 439 CrPC on his third attempt, as this very same judge was not inclined to grant bail in earlier two instance and hence the bail applications were withdrawn.
Bishop Franco Mulakkal Vs State of Kerala on 07 July 2020
Discharge Dismissal was challenged at Kerala High Court in Revision but got rejection.
Here is the Session Court’s Dismissal Order of Discharge Petition:
Citations: [
Other Source links:
Index of Discharge Judgments u/s 227 Cr.P.C. is here.
Ranjith.P.C. Vs Asha Nair.P on 20 May 2020
For the act of asking to do household chores by her Mother-in-law, this women forced husband to setup a separate family ditching the elderly mother-in-law. Family Court fell for it but Kerala High Court (Justice Many Joseph) granted divorce in favor of husband on the ground of cruelty (Mental cruelty).
Funny facts
Married on 17.04.2003
Left the matrimonial home on 10.02.2011
Case no: OP 805/2011
Decision of Family Court, THALASSERY on 21-01-2014
Mat.Appeal.No.137 OF 2014
Decision of Kerala High Court on 20-05-2020
From Para 19,
19. From the above discussion of the pleadings and evidence, it cannot be said that the oral evidence tendered is totally devoid of support of necessary pleadings. Moreover, the respondent has no case that the petitioner was a drunkard at the time when he married her. On the contrary her specific case was that he was lovable and affectionate and their life was smooth, happy and comfortable. Evidence indicates that the respondent and the petitioner’s mother were not cordial and clashes were frequent. Therefore, it is natural for the petitioner to be a scapegoat of the in-differences. It is also natural for a wife in that scenario to make persistent effort to constrain her husband to be separated from the family life and that would undoubtedly be tortuous for him. In the case on hand the petitioner’s turning to be a drunkard can only be taken as the natural outcome of the pressure exerted on him by the respondent to have a separate residence to the exclusion of petitioner’s mother. The persistence of the respondent was
unbearable for the petitioner, could be seen from his conduct of avoidance of the company of the respondent after leaving her at the parental home on 10.02.2011.
From Para 22,
22. No family is totally devoid of clashes among members constituting it. It is common for elders to scold and sometimes abuse youngsters. Making a daughter in law to do the house hold/domestic work is also not something unusual. From the evidence tendered by the respondent, it is all the more clear that the aforestated factors formed the basis for her ill-will to petitioner’s mother.
Hehe Para 24,
24. We have no hesitation to hold that the Family Court was highly unjustified in making the above observations. The Family Court has taken the role of a councilor rather than an adjudicator while doing so. It is after much efforts and counseling that a case comes up before the court for adjudication. Then the role of the court is to adjudicate the issue involved in the case based on the evidence after duly appreciating it. The Family Court is not supposed to advice the remedies to the parties and issuing directions. We are not satisfied with the way in which the Family Court had dealt with the case on hand.
M.K.Prabhakaran and Anr Vs T.E.Gangadharan and Anr on 7 March, 2006
Kerala High Court hass held that,
Once a statement has been filed in a court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of the accused to establish that they are justified in making such a statement under any of the exceptions to Section 499 I.P.C.
Citations: [2011 KCCR 1 230], [2008 SCC ONLINE KAR 758], [2006 (2) KLT 122]
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/1547517/
The Index for Defamation Judgments is here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
M.K.Varghese Cor Episcopa Vs State of Kerala on 08 January, 2020
Based on landmark judgments given in the Index below, Kerala High Court held that, complaint of defamation against him cannot be quashed u/s 482 CrPC.
Citations: [ICL 2020 Ker. 14], [2020 (1) KHC 390], [2020 SCC ONLINE KER 85], [2020 KLJ 2 359]
Other Source links: https://indiankanoon.org/doc/149840024/
The Index for Defamation Judgments is here.
Chithrangathan Vs Seema on 4 September, 2007
Kerala High Court has dismissed this revision petition as PWDV Act provides for Appeal under Sec 29.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
