Taking cue from Geeta Mehrotra judgment here, Punjab High Court has quashed proceedings on relatives living far away in Canada taking a ground that no specific allegation are in the complaint.
Amarjit Kaur and Ors Vs Jaswinder Kaur and Ors on 15 May 2020Citations: [2]
Other Source links: https://indiankanoon.org/doc/12422589/
Relying on Supreme Court judgment here, High Court of Punjab and Haryana held that,
It may be noticed that though the said judgment has been delivered under the Special Marriage Act, 1954, yet the legal issue being the similar as is involved in the present case, we respectfully follow the said judgment.
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Citations: [2
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Punjab and Haryana High Court had held that, the cunning respondent levelled similar allegations in FIR under Section 498-A IPC were duly inquired by the police and it was found that petitioners No. 2 and 3 were innocent. So the DV case on both the parents was quashed.
Sachin Sharma and Ors Vs Radhika Sharma on 06 February 2013Citations: [2013 (2) R.C.R. (Criminal) 817],
Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/83272752/ or https://www.casemine.com/judgement/in/56099c51e4b01497113cd848
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Punjab and Haryana High Court has held thus,
Anoop and Ors Vs Vani Shree on 05 August 2014The term domestic violence encompasses a variety of criminal offences. These intra family offences are however are generally between immediate family members but not extended family members or non blood relatives. The phrase ‘domestic violence’ has to be understood in context of ‘domestic relationship and ‘shared household’, and therefore, the reliefs as aforesaid are meaningful only against the persons with whom the person aggrieved shares a ‘domestic relationship’ and a ‘shared household’. However, it has become an unfortunate trend to implead even the distant relatives in such like cases. To this extent at least, the law designed for protection of women is being misused for ulterior motives. It is often argued that the Act has given an undue advantage to the women and is most lethal weapon which women can use to exploit, extort and threaten not only the husband and his family but also his distant relatives. The law thus is being used to terrorise the husbands, their families and distant relatives and this phenomenon has now acquired the name of ‘Legal Terrorism’ and rightly so, given the extent of its misuse, particularly against the distant relatives of the husband as in the instant case.
Citations:
Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/56e66869607dba6b534329fe
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Similar to Kusum Sharma judgment here, Punjab and Haryana High Court also directed all Courts in the twin States and the Union territory of Chandigarh to insist upon affidavit regards the assets, incomes and expenditure of the parties to a matrimonial litigation.
Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020Citations:
Indiankanoon.org or Casemine link:
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Justice Fateh Deep Singh ji has begun his judgment with this,
The surmounting rise in the number of petitions under Section 482 Cr.P.C. challenging the processes being initiated by various Courts under the jurisdiction of this High Court for the matters dealing with the Protection of Women from Domestic Violence Act, 2005 (in short, ‘the Act’) and the subdued clamour that the provisions are discriminatory qua males and lopsided acknowledging of the rights of women vis-à-vis their men folk has led to the amalgamation and clubbing of all these petitions with an effort to clear the air and haze which has engulfed the interpretation of provisions of this Act since its inception and otherwise brings about more uncertainty and confusion.
In India though there existed laws to protect women from perpetrators of violence, in fact even the legal experts felt their inadequacy in dealing with the ever bourgeoning problem of domestic violence and which phenomenon was not being adequately dealt with. One cannot look the other way that even with the coming into force of the Act it has failed to cater to the needs of abuse of male child in the house though subsequently with the enlargement of definition of ‘Rape’ it has been addressed to some extent but not completely.
This legislation has remained in oblivion and indifferent to the Domestic Violence instances concerning men in domestic relationship and thus falls short of constitutional obligation as enshrined under Articles 14 and 15 of the Constitution and violates Legal Egalitarianism as well as Article 7 of Universal Declaration of Human Rights.
Being one in such a sphere, the Act has tried to concretely deal with the problems of domestic violence from feminist perspective of law for expeditious redressal of grievance irrespective of the economic, religious and ethnic affiliations of the women.
“Next to God we are indebted to women, first for life itself, and then for making it worth living” – Bovee C.N.
Epigrammatic writer of New York who lived in the 19th century and happens to be one of the members of Literary Circle popularly called “Saturday Evening Club of Boston” has penned these famous indelible lines as a tribute to the female form of homosapiens.
Our Constitution while introducing Gandhian Socialism, Secularism did keep in mind the concept of “Equality” and which became the basic feature of the Constitution and too was acknowledged by the Supreme Court of India in ‘Indra Sawhney vs. Union of India’ (2000) 1 SCC 168. In league with thoughts of great thinkers, the Constituent Assembly introduced Articles 21, 14 and 15, the latter as a special tribute to women and eliminating gender based discrimination. In spite of the same, a debate over the Equality is getting complicated. Since women are often misnomered as ‘Weaker Sex’ and therefore in under-developed countries including developing nations like ours, there is still huge gap in Gender Equality, more dominant in Rural than Urban scenario. The approaches in gender difference broadly fall in protectionist, sameness and compensatory outlook. The Universal Declaration of Human Rights had voiced its concern against discrimination and holding out that all human beings are born free with equal rights and dignity and thus, are all entitled to equal treatment. It was stressed to ensure equal rights to men and women. That is how Declaration on the Elimination of Discrimination against Women came into being and it is with this end in view United Nations resolved the member States to adopt appropriate legislation.
Now the main point starts,
The Protection of Women from Domestic Violence Act, 2005 is one of the most aggressive approach while enacting such a progressive
Act which is enacted in favour of women’s rights. Though a challenge was made it being ultra-vires of the Constitution but the Delhi High
Court in 2008 in ‘Aruna Parmod Shah vs. Union of India’ 2008 (3) RCR(Criminal) 191 brushed aside the stand that it was discriminatory to men as protection was afforded only to women. However, it cannot be ignored that less out of social need and more out of political compulsions, multiple Laws are being evolved which are lopsided heavily weighing in favour of women offering them multiple remedies for the same very grievance and for which the present Act is one. In spite of Article 15 of Part IV of ‘Convention on the Elimination of All forms of Discrimination against Women’ which came in force with effect from 3rd September, 1981 had resolved that all State parties shall accord to women equality with men before the law but it is not so in realm.
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Citations:
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Hon’ble High Court of Patna has quashed the false DV case of the cunning grand-daughter, holding that there is no domestic relationship as there is no shared household between them.
Aditi was just 17 years old when she filed the complaint. The complaint had been filed through her father Arun Garg being the natural guardian.
Om Parkash Syngal and others Vs Aditi Garg on 01 December, 2015
After Perjury proceedings were re-instated by HC here, knife filed a petition to turn RCR filed by husband into a MCD petition andconsequently Divorce is granted by High Court of Punjab and Haryana, after paying a settlement amount of Rs.1,25,000/-
Shashi Vs Sunny Bhumbla on 9 January, 2012
In this judgment from High Court of Punjab and Haryana, it was held that despite entering remarks in his judgment to the effect that perjury happened, the Dayaalu magistrate does not want to initiate any such proceedings of Perjury on the knife.
From second para,
While deciding the main petition, in paragraph No. 13 of the judgment it has been observed that “in support of her claim for interim maintenance under Section 24 of the Hindu Marriage Act, the respondent/applicant had made certain assertions, which were found to be totally false and the same had apparently been done by her in a deliberate manner. Consequently even an application for initiating suitable proceedings against her on account of her having submitted a false affidavit was also filed by the petitioner on 3.9.2008. Thereafter, the respondent did not press her claim for interim maintenance, but the same did not absolve her of the liability of the aforesaid lapse. This court, however, does not wish to initiate any such proceedings against the respondent with the hope that sooner or later, the parties may be in a position to resolve their dispute or else this young couple may adopt such other means so that they can part their ways in a peaceful manner and therefore, with a view to avoid undue complication of the matrimonial dispute, no action on account of submitting of the above false affidavit etc. is being initiated against the respondent.“
High Court has taken the magistrate to task and said that,
Therefore, all the ingredients of the offences of cheating, forging and perjury etc. are made out and consequently, the order passed by the learned trial Court in not initiating the proceedings under Section 195 read with Section 340 Cr.P.C. is illegal.
And further said that,
Sunny Bhumbla Vs Shashi on 25 January, 2010A glance through the impugned order would reveal that the learned trial Court has given a go by to the provisions of Section 340 Cr.P.C. The approach adopted by the learned trial Court is unwholesome and is depreciable. The impugned order is absolutely silent as to whether the application has been dismissed or allowed, if so for which reasons.
Indiankanoon.org link: https://indiankanoon.org/doc/1512317/
Basing on the landmark judgment here, Punjab High Court has struck down/quashed the pending 497 IPC case on the petitioner.
Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019