Asha Rani Vs Ranjit Singh on 11 Dec 2024

Posted on April 12 by ShadesOfKnife

A single Judge of Punjab and Haryana High Court held as follows,

From Para 8,

8. However, it is admitted fact on record that the petitioner is a qualified MA (in Punjabi) and B.Ed. On a Court query, learned counsel for the petitioner has admitted that the petitioner is not working despite being able bodied. When questioned as to why the petitioner is not working, the learned counsel for the petitioner has submitted that the petitioner was previously giving tuitions. However, now since she is residing with her parents in the village, she is unable to give any tuitions. When it is pointed out that even the children in villages study and therefore need tuitions, learned counsel submits that people in villages do not have high paying capacity. However, when it is pointed out that the petitioner can always take online tuitions in village also, learned counsel for the petitioner has no reply.

From Para 12,

12. It is my considered view that it is first and foremost duty of the petitioner to maintain herself. The ennoble purpose of Section 125 Cr.P.C. is not to spawn idle wives, and to foist the entire burden upon the hapless husband; but is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution. A bare reading of Section 125 Cr.P.C. itself indicates that maintenance is admissible to a wife who is ‘unable to maintain herself’. In the present case, that is not so.

Asha Rani Vs Ranjit Singh on 11 Dec 2024

Citations:

Other Sources:

https://mynation.net/docs/1558-2024/ (Thanks to MyNation _/\_)

Index of Maintenance Judgments u/s 144 BNSS is here.

Jaspal Kaur alias Pinki and Ors Vs State of Punjab and Anr on 24 Apr 2023

Posted on May 30, 2024 by ShadesOfKnife

A single judge of Punjab and Haryana High Court passed the following guidelines

From Para 10,

10. This Court has observed that everyday petitions are filed before this Court under Section 482 Cr.P.C assailing petition filed under Section 12 and notice under Section 13 of DV Act. It has further been noticed that parties are filing revision petition under Section 397/401 Cr.P.C. against order passed by Appellate Court under Section 29 of DV Act.
In view of judgments of Hon’ble Supreme Court, Full Bench of Madras High Court and with intent to minimise litigation especially against distant and sundry relatives, before parting with this judgment, this Courts finds it appropriate to issue following directions to Magistrates posted within the jurisdiction of this Court:
(i) In case of petition under Section 12 of DV Act, all the respondents may not be mechanically issued notice under Section 13 of DV Act. Notice at the first instance may not be issued to distant relatives. The Magistrate is expected to apply his mind qua distant and sundry relatives of the respondents arrayed by aggrieved person.
(ii) The presence of respondents may not be required where respondents are represented through counsel;
(iii) In case application is filed by the respondents on the ground of jurisdiction or maintainability or deletion from array of respondents, the Magistrate is expected to pass an appropriate order;
(iv) In case an application is filed seeking alteration, modification or revocation of order passed under the Act, the Magistrate in terms of Section 25 of DV Act is expected to pass an order, if parties are able to show change of circumstances.
11. Disposed of in above terms.
12. The Registrar General of this Court is directed to circulate copy of this judgment to all District and Sessions Judges of Sessions Divisions, which are falling within jurisdiction of this Court.

Jaspal Kaur alias Pinki and Ors Vs State of Punjab and Anr on 24 Apr 2023

Citations:

Other Sources:

Index of DVC Judgments is here.

Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010

Posted on March 12, 2024 by ShadesOfKnife

A single judge bench of Punjab and Haryana High Court held as follows,

In view of above admitted and proved facts, the appellants have no right to claim maintenance from respondents no. 1 and 2 or right of residence in the disputed house. Under Section 18 of the Act, a Hindu wife can claim maintenance from her husband. However, under this provision, appellant no. 1 cannot claim maintenance from respondents no. 1 and 2, who are parents-in-law of appellant no. 1.

Under Section 19 of the Act, a Hindu wife can claim maintenance from her father-in-law after the death of her husband, provided and to the extent that she is unable to maintain herself and this right shall not be enforceable if father-in-law has no means to do so from coparcenary property. In the instant case, respondent no. 1 – father-in-law is not possessed of any coparcenary property so as to provide maintenance to appellant no. 1. Consequently, under Sections 18 and 19 of the Act, appellant no. 1 is not entitled to claim any maintenance from respondents no. 1 and 2.

As regards appellant no. 2, under Section 20 of the Act, she is not entitled to claim any maintenance from respondents no. 1 and 2, who are her grandparents because under this provision, a Hindu is bound to maintain his or her children or aged or infirm parents. Even under Sections 21 and 22 of the Act, appellant no. 2 is not entitled to claim maintenance from respondents no. 1 and 2 because respondents no. 1 and 2 have not inherited any estate from their deceased son Anil Kumar. Even otherwise, respondents no. 1 and 2 have no source of income except meager pension of respondent no. 1, who is retired at present. On the other hand, appellants have sufficient means to maintain themselves as appellant no. 1 has got job as Clerk in Municipal Corporation, Delhi and is also receiving family pension of her deceased husband. Appellant no. 1 has also been given a house by her own father. Appellant no. 1 can also seek maintenance from her own father.

Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010

Citations:

Other sources:

https://indiankanoon.org/doc/186634126/

https://www.casemine.com/judgement/in/56b493d3607dba348f008648

https://vlex.in/vid/sunita-and-another-vs-572334286

Index of judgments under HAMA 1956 are here.

Satpal Vs Suman and Ors on 31 May 2019

Posted on March 11, 2024 by ShadesOfKnife

A division bench of Punjab and Haryana High Court, relying on Vimalben, held as follows,

In the case of Vimalben Ajitbhai Patel (Supra), the Supreme Court has held that “maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation tomaintain a daughter-in-law arises only when the husband has died. Such an objection can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband has a share in the property. The property in the name of the mother-in-law canneither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to beenforced against such property”. While referring to Section 4 of the Act, the Supreme Court has further held that “Section 4 provides for a non obstanteclause. In terms of the said provision itself any obligation on the part of in-laws in terms of any text, rule or interpretation of Hindu Law or any customor usage as part of law before the commencement of the Act, are no longer valid. In view of the non obstante clause contained in Section 4, theprovisions of the Act alone are applicable. Sections 18 and 19 prescribe the statutory liabilities in regard to maintenance of wife by her husband andonly on his death upon the father-in-law, Mother-in-law, thus, cannot be fastened with any legal liability to maintain her daughter-in-law from herown property or otherwise”.

But subsequently in same page,

Insofar as awarding maintenance under Sections 21 and 22 of the Act is concerned, this Court while delivering a judgment in the case of “Nachhattar Singh Vs. Satinder Kaur and others” 2007(4) RCR (Civil) 826 has held that the father-in-law is liable to maintain grandchildren if they are unable to maintain themselves and the income of their mother/father is inadequate for their maintenance.
Thus in view thereof, we are of the considered opinion that both the minor children, who are the grandchildren of the appellant-Satpal, have rightly been awarded the amount of maintenance.

Satpal Vs Suman and Ors on 31 May 2019

Index of judgments under HAMA 1956 are here.

Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023

Posted on August 22, 2023 by ShadesOfKnife

A single judge passed this Restricted Order (only downloadable for litigants/advocates on the case),

From Paras 20 and 21,

Under DV Act, Magistrate is competent to pass final as well as interim orders. Sessions Court is appointed as appellate authority to entertain appeal against order passed by Magistrate. As per petitioner, appellate Court is not specifically vested with power to grant interim relief, thus, appellate court cannot pass interim order staying operation of impugned order. If it is held that under Section 29 appellate court is not bestowed with power to pass interim order against interim order because there is no specific power under Section 29, the appellate court would be denuded from power to pass interim order even against final order because there is no such specific power qua final order. Existence of power and use of power are two different dimensions of legal jurisprudence.
Matter needs to be examined from one more angle. The appellate court may or may not exercise power to pass interim order, however, if it is held that appellate court in terms of Section 29 has no power to pass interim order, it would amount to curtailing the powers of appellate court. It seems to be contrary to settled canons of law that appellate authority or court unless specifically barred can exercise all those powers which are vested in subordinate authority. It cannot be approved that Magistrate has power to pass interim order, however, appellate court has no power to pass interim order. Due to overburden, more often than not, appellate courts are unable to finally adjudicate appeal against interim order and if it is held that appellate court has no power to pass interim order, Magistrate may finally decide the issue and appeal would become infructuous.
In view of above-cited judgments and settled principles of law, this court is of the considered opinion that appellate court while exercising powers under Section 29 of DV Act has power to pass interim order.
21. In view of above facts and findings, it is hereby held:
i) Appeal under Section 29 of the DV Act is maintainable against interim order passed under Section 23 of the DV Act.
ii) Appellate Court while exercising power under Section 29 of DV Act has power to pass interim order.

Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023

Index of DV cases is here.

Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022

Posted on January 15, 2023 by ShadesOfKnife

A single judge bench of Punjab and Haryana High Court held that there is nothing wrong in initiating the Perjury proceedings against the Assistant Professor when she was caught lying about her job and income, just before filing the maintenance case.

From Para 10 and 11,

10. Admittedly, the petitioner joined as an Assistant Professor in Chitkara University, Rajpura on a monthly salary of Rs.28,000/- on 3.7.2017. Her petition under Section 125 Cr.PC was filed on 26.07.2017. During the entire litigation including when her application for interim maintenance was decided she did not disclose information about her job and her earnings and infact deliberately and intentionally to grab maintenance, submitted wrong information to the Court that she was unemployed. The only explanation offered by the petitioner is that she had given the documents to her counsel in the month of May 2017 to file the petition under Section 125 Cr.PC which was filed on 26.07.2017 because of which her joining on 3.7.2017 is not disclosed.
11. In my opinion, this explanation is completely falacious. The petitioner is an Assistant Professor and a highly educated person. At no stage of proceedings uptill her cross examination did she disclose that she was employed including when her application for interim maintenance was decided and Rs.5000/- was awarded to her. Assuming that the said fact was missing in her petition under Section 125 Cr.PC, the Court could have been informed during the course of proceedings that there had been change of circumstances regarding her obtaining employment. However, as has already been mentioned above, no such information was furnished and only the cross examination revealed her job and consequent salary. Thus it can safely be said that the possibility of her conviction was high and her actions were certainly deliberate and conscious to obtain maintenance.

Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022

Index of Perjury decisions is here.

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

Posted on November 2, 2022 by ShadesOfKnife

Similar to this Order here, same (judge!) division bench of High Court of Punjab & Haryana passed this Order too. Again, abuser gets divorce and 10 lakhs!!!

In our view, once criminal litigation is initiated between the parties it leads to a point of no return. And if it is a false case filed by the wife merely to harass and humiliate the husband and his family, then the resultant bitterness rarely leaves any room or reason for reconciliation. A perusal of the judgment at Annexure A-1 whereby the appellant and his family members have been acquitted of the charges under Section 406, 498-A 120-B IPC shows that ld. Trial Court has returned very categoric findings holding that the prosecution entirely failed to prove its case. DW-1 Baljinder Singh has stated on oath that he had participated in the marriage between the parties as mediator and nothing was demanded by the appellant or his family from the respondent or her parents. The learned SDJM, Patti in his judgment of acquittal has returned the finding that no medico-legal examination was led by the respondent wife to prove the alleged beatings that she had received at the hands of the appellant and his father.

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

Citations:

Other Sources:

XXX Vs YYY on 11 Oct 2022

Posted on October 21, 2022 by ShadesOfKnife

A division bench of Punjab and Haryana High Court gave alimony to abuser, without any basis!!!

From last page of judgment, (total absence of any basis/reason)

Before parting, even though the parties have lived together in matrimonial home only for nine months, and even though there is no child from their wedlock, and even though during this litigation admittedly the appellant has already paid Rs. 23 lacs to the respondent as maintenance yet, we deem it fit to grant her permanent alimony of a sum of Rs. 18,00,000/- (Rupees eighteen lacs only) as full and final settlement.

XXX Vs YYY on 11 Oct 2022 Redacted

Note: Redacted the names of parties in the judgment and the title and tag of this page to mask the names of parties, upon the request of wife on 2024/04/13.

Citations:

Other Sources:

Index is here. The wife knocked on the doors of the Apex Court here.

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Posted on October 6, 2022 by ShadesOfKnife

A single judge of PHHC held as follows:

From Paras 11-14,

11. As per the settled proposition of law as enumerated hereinabove, proceedings under Section 340 Cr.P.C. are not to be initiated in every case where offences are purportedly made out. In fact, the said proceedings are to be initiated only in a situation, where the Court considers it expedient in the interest of justice to make a complaint. This shows that such a course of filing a complaint will only be adopted, if the interest of justice requires and not in every case. In the present case, no such finding has been recorded, as has already been mentioned above and even otherwise, the dispute is between the parties, who are closely related being brothers.
12. In fact, one of the criteria for proceeding under Section 340 of the Cr.P.C. would be where due to the false statement, one party has succeeded in getting a favourable order, which otherwise, he would not have got. Therefore, if the false statement affects the very nature of the order passed by the Court, then, that itself can be one of the circumstances, where proceedings under Section 340 Cr.P.C. ought to be initiated. In the present case, assuming that a false statement had been made either in the written statement or by virtue of filing of affidavits, those pleadings/averments did not affect the fate of the case. In fact the petitioner did obtain a decree in his favour. Therefore, there is no apparent illegality in the orders dated 09.10.2015 (Annexure P-1) and 08.02.2017 (Annexure P-2).
13. Having examined the matter in its entirety, I also find that the dispute in question is between close relatives. Certain pleadings are filed in civil/criminal proceedings and the defendants in a civil proceeding take their defence, which in the present case was denying the right of ownership of the petitioner-complainant. Every person has a right to defend his case and he can take many defence pleas. Taking up a plea by itself would not amount to giving false evidence. Further, in the present case, in view of the discussion above, it would certainly not be expedient in the interest of justice to proceed against the respondents.
14. In view of the facts and circumstances mentioned hereinabove as also the relationship between the parties and the civil proceedings having culminated in favour of the petitioner, as such no advantage has been taken by the respondents by virtue of their allegedly false pleadings/affidavits. Therefore, it would certainly not be expedient in the interest of justice to initiate proceedings under Section 340 Cr.P.C.

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Index of Perjury cases here.

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022

Posted on October 5, 2022 by ShadesOfKnife

A division bench of PHHC held as follows, when a knife was in bed with non-husband but wants alimony from husband,

Learned counsel for the appellant has not been able to lead any evidence which could reverse the finding of extra-marital affairs of appellant-wife and respondent No.2. The enquiry report (Ex.P1) coupled with the evidence given by PW4-Rajbir Singh, PW5- Balwinder Singh and PW7-Mohammad Gulab, servant of the respondent-husband’s house consistently proved that appellant-wife was living in adultery.
The only question for consideration now is whether the appellant-wife is entitled for permanent alimony.

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022

Shades of Knife

True Colors of a Vile Wife

Category: High Court of Punjab & Haryana Judgment or Order or Notification

Asha Rani Vs Ranjit Singh on 11 Dec 2024

Jaspal Kaur alias Pinki and Ors Vs State of Punjab and Anr on 24 Apr 2023

Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010

Satpal Vs Suman and Ors on 31 May 2019

Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023

Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022

Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022

XXX Vs YYY on 11 Oct 2022

Nachhattar Singh Vs Rai Singh and Anr on 28 Jul 2022

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022