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True Colors of a Vile Wife

Category: High Court of Patna Judgment or Order or Notification

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Posted on June 17 by ShadesOfKnife

A division bench of Patna High Court, used “Doctrine of frustration” in addition to Cruelty to dissolve a marriage registered under the Special Marriage Act, 1954.

From Paras 39,

39. But, at same time, we are also mindful of the legal position that we cannot exercise power under Article 142 of the Constitution of India for complete justice.
40. At this juncture, our judicial consciousness poses a question to us: being a constitutional court “are we helpless?”. This is particularly so, when we are convinced that respondent/applicant cannot perform her marital obligation with appellant due to the aforesaid compelling circumstances.
41. Hence, this is an occasion to view the present episode in a more progressive manner by importing the “Doctrine of frustration”.
42. As a Constitutional Court it is of paramount importance to touch upon all the possible scenarios, which can result in delivery of justice. Solemnization of marriage is a pious concept which does not only involve a husband and wife but society at large. And keeping in view the best interest of the parties, best possible way to deliver justice should be adopted. The court highlights that “Justice should not only be done, but must also be seen to be done”. Going with the essence of above mentioned phrase, the court will fail in its duty, if it will not discuss the prospective probabilities which can ensure the just, reasonable and conscious delivery of justice.
43. The Indian Jurisprudence suggests that “Procedural law is the handmaid of Justice and not its mistress”, which enables the court to adopt flexible approach rather than taking a rigid view of the prescribed law.
44. At the outset, it is not in dispute that the marriage between the parties was solemnized in accordance with law under the Special Marriage Act, 1954 and continued for a certain period, thereby creating a legally valid and subsisting matrimonial bond. The statutory presumption attached to such marriage stands fortified by the mandate of Section 13(2) of the Act, which accords conclusiveness to the certificate of marriage.
45. It must be acknowledged that though marriage is not a commercial contract, it undeniably embodies a bundle of reciprocal obligations—cohabitation, fidelity, companionship, emotional support, and exclusivity. Where these foundational obligations stand extinguished not by mere estrangement but by subsequent conduct that legally and morally negates the marital bond, the continuance of marriage becomes impossible in substance. In such circumstances, the Court cannot remain bound by the mere form of the relationship when its essence has ceased to exist.

From Para 46,

46. …. The doctrine of frustration, embodied in Section 56 of the Indian Contract Act, is founded on the principle that law does not compel performance of that which has become impossible. When applied in the matrimonial context, particularly to civil marriages under the Special Marriage Act, this principle manifests in situations where the foundation of marriage— cohabitation, consortium, mutual obligations—stands irretrievably destroyed.
47. The doctrine of frustration, as evolved in contract law, operates where an unforeseen event renders the performance of obligations impossible or destroys the very foundation upon which the relationship rests. Transposed into matrimonial jurisprudence, the doctrine applies where the substratum of marriage—mutual trust, exclusivity, and consortium—is irreversibly destroyed, leaving no scope for restoration. The law, in such a situation, must recognize reality over fiction.
48. The present case transcends the conventional doctrine of irretrievable breakdown of marriage. Irretrievable breakdown of marriage contemplates a situation where the marriage has failed due to prolonged separation, incompatibility, or absence of cohabitation. It is not merely a case where the
marriage has failed due to incompatibility or prolonged separation; rather, it is one where subsequent events—most notably the lawful remarriage of the respondent-wife and the birth of a child—have rendered the performance of marital obligations wholly impossible. The doctrine of frustration, as invoked herein, goes a step further—it applies where the very performance of marital obligations has become impossible due to supervening circumstances. The impossibility herein operates at multiple levels—moral, practical, and legal—thereby justifying the application of a doctrine analogous to frustration in order to recognize reality over legal fiction.

From Para 54,

54. While it is true that the doctrine of frustration, in its strict contractual sense, is not directly applicable to matrimonial law, the underlying principle—that a relationship rendered incapable of performance by supervening circumstances ought not to be artificially preserved—can be judiciously invoked. Constitutional courts are empowered to adopt Purposive Interpretation to advance justice and to put an end to litigation. The Rule of interpretation suggests that Constitutional Courts must be at work to fulfill the legislative intent. Marriage, though not a commercial contract, embodies reciprocal and enforceable obligations such as cohabitation, fidelity, companionship, and exclusivity. Where these essential obligations stand extinguished, not merely by estrangement but by subsequent conduct that negates the very foundation of the marriage, the continuance of such a bond becomes impossible in substance.

From Para 57,

57. In view of the above, this Court is of the considered opinion that the present case represents a rare but compelling situation where the doctrine of frustration must be invoked in matrimonial law.
58. The marriage, though validly solemnized, has lost its essential character due to subsequent events that render its continuation impossible. The legal bond survives only as a shell, devoid of substance, purpose, or enforceability. To compel parties to remain in such a relationship would amount to enforcing a legal fiction at the cost of justice. The law cannot insist upon the preservation of a bond that has ceased to exist in every meaningful sense.
59. Therefore, in order to do complete justice, to uphold the dignity of the parties, to secure the welfare of the child, and to serve the broader interests of society, this Court finds it appropriate to dissolve the marriage by applying the doctrine of frustration, treating the matrimonial bond as having become incapable of performance.
60. Accordingly, marriage of OP/appellant namely, Manoj Kumar @ Munna stands dissolved with respondent/applicant namely, Nita Bharti.

From Para 74 (Concurring Opinion)

74. Thus, “Doctrine of frustration” which has been introduced by my esteemed brother as a ground of divorce is supplemented by me holding inter alia that continuous uninterrupted, prolonged separation by and between the parties had caused deep frustration in the core of their heart, such frustration caused by the other spouse is a form of cruelty within the meaning of Section 27 (1) (d) of Special Marriage Act.

Manoj Kumar Vs Nita Bharti on 17 Mar 2026

Citations:

Other Sources:

 


Index of Divorce Judgments is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Divorce granted on Cruelty ground Divorce Granted to Husband Doctrine of Frustration Irretrievable Breakdown of Marriage Legal Procedure Explained - Interpretation of Statutes Manoj Kumar Vs Nita Bharti | Leave a comment

Ravi Prakash Saxena Vs Priyanka Rani on 04 Sep 2025

Posted on February 19 by ShadesOfKnife

A single judge of Patna High Court held as follows,

From Para 3, (Gold Digger looking for next bakra)

3. The petitioner has alleged that the opposite party/wife is in the habit of duping different young men with the sole motive of earning huge amounts of money after marriage, either by way of alimony or claiming maintenance allowance. Even during the strained relation with the petitioner, the opposite party started to find out another person as a groom to whom she could marry.

From Para 7,

7. The petitioner medically treated her and came to know that the opposite party was suffering from Obsessive Compulsive Disorder (OCD) leading to suicidal tendencies.

From Para 28,

28. While Section 125 proceedings are summary, courts consider conduct and financial disclosures critically. If a wife conceals her actual income or alimony, it may disentitle her as the court relies on bona fide disclosures to decide maintenance amount. Reference in this regard may be made to a Punjab & Haryana High Court case of Jaspreet Singh v. Gurleen Kaur, reported in 2020 SCC OnLine P&H 55

From Paras 29 and 30,

29. On the basis of the discussion made hereinabove, this Court is of the view that before passing a final order of maintenance, the learned Principal Judge, Family Court, Saran at Chapra is under statutory obligation to direct the parties to file affidavits of assets and liabilities. Only on due consideration of such affidavits of assets and liabilities, it will be possible for the Court to consider the status of the parties, their assets, respective needs, capability of earning and on the basis of such documents, Court can come to a conclusive decision with regard to amount of maintenance.
30. In view of such circumstances, this Court does not have any other alternative but to hold that the impugned order suffers from impropriety and illegality in over looking suppression of material facts, income of the parties, their source of income, their assets and liabilities and other similar factors, which are required to be considered for determination of maintenance allowance.

Finally, from Paras 33 and 34,

33. Let a copy of this order be sent to the learned Principal Judge, Family Court, Saran at Chapra for information with a direction that he shall direct both the parties to file their affidavits of assets and liabilities as per the guidelines laid down by the Hon’ble Supreme Court in Rajnish (supara) within four weeks from the date of communication of the order.
34. After receiving the affidavits of assets and liabilities from both the parties, the learned Trial Judge shall dispose of the proceeding under Section 125 of the Cr.P.C. by passing a fresh judgement within four weeks thereafter.

Ravi Prakash Saxena Vs Priyanka Rani on 04 Sep 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/10821398/

https://www.casemine.com/judgement/in/68b9b4b3f964826458fefb71

https://www.verdictum.in/court-updates/high-courts/patna-high-court/ravi-prakash-saxena-v-priyanka-rani-patna-high-court-divorce-proceedings-maintenance-section-125-crpc-1590606

Family Law September 2025 | Important Case Law and Judicial Updates

Patna High Court Sets Aside ₹20K Monthly Maintenance, Affidavits of Assets & Liabilities Must Be Filed Before Deciding Maintenance Rajnish v. Neha


Index of Maintenance Judgments under Section 144 BNSS is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Remanded for Fresh Determination Perjury - Wilful Omission or Supression of Material Information Ravi Prakash Saxena Vs Priyanka Rani | Leave a comment

Vivek Kumar Singh Vs Pallawi Kumari on 11 Mar 2025

Posted on February 11 by ShadesOfKnife

A single-judge Bench of the Patna High Court upheld an order granting maintenance to the wife under Section 125 CrPC. The husband challenged the order in revision. He argued that the wife had deserted him.

The Court held that a plea of desertion cannot defeat a maintenance claim by itself. The husband must first obtain a declaration from a competent matrimonial court. Until then, the wife remains entitled to claim maintenance.

The following paragraphs form the foundation of the Court’s reasoning:

“7. But unless the petitioner is able to get a declaration in his favour in the Matrimonial Case No. 25 of 2020 filed under Section 9 of the Hindu Marriage Act and the opposite party no. 2 fails to justify her desertion, any challenge to the maintenance order is not sustainable.”

“7. It also transpires that the maintenance amount awarded to the opposite party no. 2 is about 25 percent of the net salary of the petitioner which is in tune with the decision of the Hon’ble Supreme Court in the decision of Rajnesh Vs. Neha (2021).”


VivekKumarSinghVsPallawiKumari_11MAR2025_PatnaHC

Citation :

Other Sources :

Index of Maintenance judgements under Sec 125 CrPC is here.


Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B, LL.M

Contact : +91-9606345150

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision Family Court orders Rajnesh Vs Neha Section 125 CrPC Vivek kumar Singh Vs Pallawi Kumari Wife maintenance | Leave a comment

Rajesh Kumar Vs Nutan Devi on 18 Feb 2025

Posted on October 6, 2025 by ShadesOfKnife

A single judge of Patna High Court directed to enhance Maintenance amount at 5% annually.

From Paras 16-20,

16. However, I find that undisputedly the petitioner-husband was getting monthly salary of Rs. 30,000/- at the time of filing the maintenance petition and out of Rs. 30,000/-, award of Rs. 15,000/- per month towards maintenance is excessive.
17. Hence, the impugned order is modified by reducing the amount of maintenance @ Rs. 9,500/- per month, payable by the husband to his wife since the date of filing the maintenance petition.
18. However, this rate of maintenance will be subject to increment @ 5% per annum from today. In other words, after one year from today, the amount of the maintenance will be increased by 5% of maintenance and this increment will keep going on in the month of February every year and this maintenance will be permissible to the wife till she remarries.
19. The husband is having higher salary at present. But the number of dependents has also increased, because he has one additional legally wedded wife and one daughter born out of the wedlock with the new wife and as per statement of the learned counsel for the petitioner-husband, even second child is expected in a few months. Hence, increment of maintenance @ 5% per annum would be sufficient in the interest of justice.
20. It further transpires that during the pendency of this petition, petitioner-husband has made some payment. Hence, the petitioner-husband is also directed to pay up the whole arrear amount after setting off the payment already made towards maintenance, within the next two months by way of bank draft. In case, the arrear is not paid, it will be treated as a contempt of Court and the petitioner-husband would be dealt with accordingly.

Rajesh Kumar Vs Nutan Devi on 18 Feb 2025

Index of Maintenance Judgments under Sec 144 BNSS is here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Rajesh Kumar Vs Nutan Devi | Leave a comment

Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025

Posted on April 18, 2025 by ShadesOfKnife

A division bench of Patna High Court held as follows,

From Para 13,

13. It appears from the petition that application for divorce has been filed by the appellant under Section 13 (1) (ia) & (ib) of the Act i.e. on the ground of cruelty and desertion. However, the main ground taken for divorce is that respondent-wife is suffering from mental disease or disorder
(schizophrenia) and permanent disability in her leg and due to her abnormal behavior the appellant-husband do not like to continue the matrimonial life with respondent. The learned Trial Court in para 12 of the impugned Judgment considered this aspect and held that appellant has failed to prove that respondent is suffering from the schizophrenia disease and her leg disability. From perusal of the record the question which this court has to decide is whether the respondent is suffering from schizophrenia or other mental disorder of such a kind and to such an extent that the appellant cannot reasonably be expected to live with respondent-wife or not?

From Para 14,

14. Taking note of the evidence adduced by the appellant, it is clear that he has not proved the mental disease or disorder of the respondent-wife, as the doctor who is treating the respondent-wife has not been examined. The grounds claimed by the appellant-husband are that the respondent-wife is of unsound mind, aggressive and has deserted the appellant have not been proved from the material available on the record.

From Paras 20 and 21,

20. In view of the above pronouncement, it appears that the ground of a spouse suffering from schizophrenia, by itself is not sufficient for grant of divorce under Section 13 (1) (iii) of the Act as it may involve various degree of mental illness. The law provides that a spouse in order to prove a ground of divorce on the ground of mental illness, ought to prove that the spouse is suffering from a serious case of schizophrenia which must also be supported by medical reports and proved by cogent evidence before the Court that disease is of such a kind and degree that husband cannot reasonably be expected to live with wife.
21. Section 13(1)(iii) of the Act does not make mere existence of a mental disorder of any degree sufficient in law to justify dissolution of marriage. The contents in which the ideas of unsoundness of mind and mental disorder occur in section as ground for dissolution of a marriage, require assessment of degree of mental disorder and its degree must be such that spouse seeking relief cannot reasonable be expected to live with the other. All mental abnormalities are not recognized as grounds for grant of decree. The burden of proof of existence of requisite degree of mental disorder is on the spouse who bases his or her claim on such a medical condition.

Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/146315829/

https://www.casemine.com/judgement/in/67f4c506bdfd43233228ae45

https://www.livelaw.in/high-court/patna-high-court/patna-high-court-wife-mental-disorder-divorce-schizophrenia-hindu-marriage-act-289016

Divorce Denied: Patna HC Says Schizophrenia Isn’t Enough

https://lawtrend.in/schizophrenia-allegation-alone-not-ground-for-divorce-without-proof-of-severity-affecting-marital-life-patna-high-court/

https://www.verdictum.in/court-updates/high-courts/patna-high-court/a-v-b-miscellaneous-appeal-no1152-of-2018-spouse-relief-mental-disorder-divorce-1573858

Mental Disorder Must Be Proven to Be of Severe Degree to Justify Divorce Under Hindu Marriage Act, Rules Patna High Court


Index of Divorce Judgments is here.


Analysis by Adv Talari Rajeswari

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce Denied to Husband HM Act 13 - Divorce Non-Reportable Judgement or Order Sanjay Kumar Shaw Vs Anjali Kumari Shaw | Leave a comment

Ram Prasad Sahni Vs Punita Devi and Ors on 22 Jun 2017

Posted on March 12, 2024 by ShadesOfKnife

A division bench of Patna High Court held as follows,

Now, the question arises as to whether the applicant has been able to prove that her husband left behind the estate which she has inherited but is not in possession and whether the father-in-law is in possession of such estate? For better appreciation of this, the evidence led by the respective sides requires to be analyzed. The applicant-respondent no.1 has examined herself as AW 2. Though she has stated that she does not have any means to maintain herself and has also stated that the father-in-law has 6 kathas of agricultural land and pond and he is running a business of fishery and Makhana and also an orchard and from the aforesaid he is earning Rs.10,000/- per month, if it is compared to the statement made in her application, to some extent, it falsifies the same as she has categorically stated in paragraph no.13 of the application that her father-in-law‟s earning is about Rs.35,000/- to Rs.40,000/- per month. On the point of torture and being thrown out of the house, a question was asked in the cross-examination as to whether on such act done by the father-in-law with the help of his daughter and son-in-law, she filed any complaint case or first information report to which she denied. In the cross-examination, she further states that there is no land or any property in the name of her deceased-husband and she could not show any document or paper in support of her case that the father-in-law is possessing land or orchard and pond etc. She also denied that she could produce any document in support of her contention regarding the monthly income of the father-in-law. She has admitted that she is working as Angawari Sahika and is getting Rs.700/- per month. Now it is interesting to peruse the deposition of AW 1 who happens to be the father of the applicant – respondent no.1. He, in his examination-in-chief, has also stated the factum of marriage, the death of his son-in-law and also that she does not have any means to maintain herself and her children and also that she has been driven away forcibly after assault by the father-in-law. He has categorically stated that Ram Prasad Sahani, i.e., appellant-opposite party has 26 kathas of land and orchard and his earning is Rs.30,000/- to Rs.35,000/- from the aforesaid property. However, in the cross-examination, he has admitted that though his daughter was driven away but he and his daughter did not file any case and there was no property in the name of his deceased son-in-law and also admitted the fact that his Samdhi, i.e., father-in-law of his daughter, is pulling rickshaw for his livelihood. He has also stated that he does not have any document regarding any landed property of his Samdhi and at the same time, has also admitted that his daughter was working as Anganwari Sahiaka in his village and she is doing so for the last 15 years which demolishes his statement in examination-in-chief that she does not have any earning to maintain herself.

The appellant, who has been examined as OPW 1, has stated in his Chief that immediately after the death of his son, the daughter-in-law along with her children went to her Naihar. He does not have any landed property or pond etc. He is only having one thatched house and is having one minor daughter who is to be married but he does not have any means for her marriage and his income is Rs.50/- to Rs.60/- daily. Thus, he is unable to maintain his daughter-in-law, grandsons and granddaughter. In the cross-examination, he has stated that his son, though he was a student, used to do tuition to maintain him and his family. From the perusal of the aforesaid, it is apparent that the applicant as well as her father could not withstand the test of cross-examination and her case was demolished. They could not spell out the details of any landed property. Her father denied in the cross-examination that his son-in-law had any landed property. Thus, it has to be understood that her husband died without leaving any estate. He has also admitted that his Samdhi, i.e., father-in-law of his daughter earns his livelihood by pulling a rickshaw and does not have sufficient means to pay the maintenance amount. Thus, the case of the applicant-petitioner-respondent no.1 does not withstand the legal test under Section 19 or Section 22 of the Act as apparently there is no estate which she has inherited from her husband and even father-in-law is not having sufficient income to maintain her.

Though the materials were available as discussed above, the court below has also not recorded any finding as to whether the opposite party no.1 has sufficient means to maintain herself or not as it has come in the evidence led by the parties that she is working as Aganwari Sahaika for the last 15 years. It is also apparent from the order dated 04.02.2011, passed in the maintenance case that at the time of reconciliation, the father-in-law was ready to take her back but it was the applicant who refused to go with him though she has given a reason that there was threat upon her life but in view of the fact that the said action could not be proved by her, that would also be meaningless.

Unfortunately, the court below without recording any finding whether the husband has left any estate for the applicant or whether her father-in-law has sufficient income or not, has simply directed him without any rhyme and reason to pay maintenance of Rs.1,000/- for applicant no.1 and Rs.300/- per month towards maintenance of her children without holding as to whether the father-in-law is liable in law and in the facts and circumstances to pay such amount or not.

Ram Prasad Sahni Vs Punita Devi and Ors on 22 Jun 2017

Citations:

Other sources:

https://indiankanoon.org/doc/114233990/

https://www.casemine.com/judgement/in/5e96f0b24653d05364588a37


Index of judgments under HAMA 1956 are here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HAM Act 19 - Maintenance of Widowed Daughter-in-law Ram Prasad Sahni Vs Punita Devi and Ors | Leave a comment

Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023

Posted on January 31, 2024 by ShadesOfKnife

A single judge of Patna High Court held as follow:

From Paras 6-10,

6. Having heard learned counsel for the parties and on perusal of the records, this Court finds that in the court below the applicant-petitioner did not submit any proof of income of her husband. Her husband (opposite party no.2) filed his salary details and the bank account of the Oriental Bank of Commerce, New Delhi from which it appears that he was employed at Batra Hospital, Delhi in 2008 and was getting Rs.7524/- as salary till May, 2008. On the face of the discussions made in the impugned order, this Court has no doubt that the court has not followed the procedures which were mandated by the Hon’ble Supreme Court in its judgment in the case of Rajnesh (supra).
7. The aforesaid judgment in the case of Rajnesh (supra) has been recently reiterated in the case of Aditi Alias Mithi (supra).
8. This Court is of the considered opinion that the impugned order is liable to be set aside for the reason that it has not followed the procedures prescribed by the Hon’ble Apex Court.
9. The impugned order is, accordingly, set aside and the matter is remitted to the court of learned Principal Judge, Family Court, West Champaran, Bettiah for fresh consideration and by following the procedures which are laid down in the judgment of the Hon’ble Supreme Court.
10. The parties shall be given an opportunity to file their respective affidavits and pleadings within a reasonable period.

Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023

Index of Maintenance cases here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision Gitanjali Devi Vs State of Bihar and Anr Not followed Guidelines in Rajnesh Vs Neha Judgment | Leave a comment

Sandeep Kumar Tekriwal Vs State of Bihar and Anr on 09 Sep 2008

Posted on December 28, 2022 by ShadesOfKnife

A single judge of Patna High Court held as follows,

From Para 15,

15. Section 317, Cr. P.C provides for inquiries and trial being held in the absence of accused in certain cases. However, if the Magistrate finds that personal appearance of the accused is necessary, he would direct that accused would no longer be represented on the next date by a pleader under Section 317, Cr. P.C but would appear in person. If the accused in spite of such order does not appear in person, it would be open for the learned Magistrate to issue warrant of arrest and proceed in accordance with the procedure prescribed in Chapter-VI of the Cr. P.C and may also cancel bail and bail bond and proceed in accordance with Chapter XXXIII of the Cr. P.C It does not appear from the order of the preceding dates i.e 31-1-2008, 26-3-2008 that personal attendance of petitioner would no longer be dispensed with, and he is required to attend in person. The Magistrate in view of Section 317(1) Cr. P.C ought to have given an opportunity to an accused to appear in person who was being allowed to be represented through a pleader. The order of preceding dates in the case on the contrary shows that Magistrate in fact accepted the representation under Section 317, Cr. P.C The magistrate has to follow the procedure prescribed therein, if it does not dispenses with his personal attendance. A Magistrate while rejecting a representation under Section 317 Cr. P.C cannot at the same time cancel bail bond and issue non-bailable warrant of arrest, if on preceding dates has not clearly directed that personal attendance under Section 317, Cr. P.C will no longer be dispensed with. The Court ought to provide a reasonable opportunity to the accused to appear in person whose representation was earlier being allowed under Section 317, Cr. P.C In this case, it appears that trial lingered as a co-accused Prem Prakash was absconding. Learned counsel for the petitioner has also submitted that there have been no latches on his part.

Sandeep Kumar Tekriwal Vs State of Bihar and Anr on 09 Sep 2008

Citations : [2009 AIR JHAR R 2 203], [2009 PLJR 2 260], [2008 SCC ONLINE PAT 254], [2009 (2) PLJR 263], [2009 CRI LJ 523]

Other Sources :

https://www.casemine.com/judgement/in/56b49331607dba348f00518d

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sandeep Kumar Tekriwal Vs State of Bihar and Anr | Leave a comment

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Patna High Court held as follows,

In my previous order dated 10.04.2019 while calling for a report from the learned Sub-Divisional Judicial Magistrate, Katihar as to why any effective order has not been passed till date despite hearing the case on behalf of the parties on several dates, I had already indicated that the Protection of Women fromDomestic Violence Act, 2005 (for short ‘the Act’) has been enacted by the Parliament to provide more effective protection of the rights of women guaranteed under the Constitution.
Section 12(5) of the Act provides that the Magistrate shall endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its firsthearing. Under the circumstances, keeping the matter pending for over two years is wholly unjustified.
In that view of the matter, I direct the learned Sub-Divisional Judicial Magistrate, Katihar to dispose of the complaint in accordance with law as early as possible preferably within six weeks from the date of receipt/production of a copy of the order.

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Other Sources:

https://indiankanoon.org/doc/82362334/


Connects to a PIL here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Tillottama Kumari Vs State of Bihar and Ors | Leave a comment

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022

Posted on May 26, 2022 by ShadesOfKnife

The Court-1 of Patna High Court passed the following guidelines to the State and Oil Companies…

69. In furtherance of the above discussions, we find it necessary to issue the following directions:-
i) The Chief Secretary, Government of Bihar, to convene a meeting of all stakeholders to examine the best and most efficient way to realize the multifarious benefits arising from the establishment of petrol pumps with equal importance being placed upon economic, social and environmental aspects. Also ensure that a sample survey for ascertaining the requirement of additional fresh Petrol Pumps/Gas Retail Outlets is carried out at the earliest.
ii) The Development Commissioner, Government of Bihar, who is already seized of the matter shall take expedient steps in furtherance of the action(s) taken thus far.
iii) The State, National Highways Authority of India and the Oil Marketing Companies consider constituting Public toilets and public conveniences at places easily identifiable and accessible by the public at large, and in this regard, signboards of “Public Toilets” or “Private Toilets” be displayed at the retail outlets. Such facilities should be easily accessible by the ladies walking or driving on the roads.
iv) The amenities constructed should be done so, keeping in mind accessibility for persons with disabilities. The State has a responsibility to provide them equitable access to basic amenities while undertaking road travel, in light of the Constitution of India and the various international Human Rights obligations.
v) All toilets be adequately staffed for taking care and maintaining the same with a proper system for the disposal of sanitary napkins.
vi) Authorities may also consider making it necessary/mandatory for all the Dhabas/ Restaurants on the highways to make available public toilets and drinking water facilities for the use of the general public. While granting permission to such establishments, authorities should consider incorporating specific conditions regarding the provision of toilets and restrooms. Also, maintain the same hygiene, failing which their  registration/ permit is cancelled.
vii) The State Authorities and corresponding Central Authorities will take expedient steps to check the practice of the black-marketing or open unauthorized sale of petrol/diesel and initiate action after the proper investigation against units aiding the perpetuation of such practice.
viii) The Oil Marketing Companies to take steps to verify the continued interest or otherwise of the allottees/proposed allottees. The entire pending
process of allotment shall be finalized within the time stipulated in the minutes of the Development Commissioner, Bihar.
ix) The authorities may consider the development of a mechanism to:-
(a) institute a randomized checking system to ensure facilities and resources’ quality and proper availability.
(b) in consultation with OMCs and furtherance of the Statutory obligation take constructive steps to ensure sustainable use of resources and all other
related issues.
(c) Prepare a digital platform furnishing complete information of such places of convenience to the general public with a provision of lodging online remarks.

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022
Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Public Interest Litigation Reportable Judgement or Order The National Highway Projects in the State of Bihar Vs State of Bihar | Leave a comment

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5 Protein Facts They Never Told You ✅

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22 Jun

The Dark Truth 🥷

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21 Jun

He spoke on behalf of all nationalists loved this side of Anand sir😅😅😅

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20 Jun

Judge Calls Wife’s Beating “Blessing”? Gender Reverse Karke Dekho

A husband tells the court that his wife beats him. In a viral clip from Gwalior Bench proceedings, the judge is heard saying:

“Husband who gets beaten up by his wife is a lucky man. That beating is a blessing.

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