Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025

Posted on February 22, 2025 by ShadesOfKnife

A division bench of Apex Court passed this judgment whereby the marriage of parties is severed and Rs.25 Lakhs alimony was ordered to be paid to wife. Also since DV cases are quasi-criminal in nature, thus, there cannot be any justification to require the personal presence/appearance of the appellant in these proceedings.

From Para 18,

18. In the afore-mentioned complaint case, an application10 was filed by the respondent under Section 26 of the DV Act against the appellant, her mother-in-law, and their five other relatives. A notice was issued to the appellant vide order dated 21st July 2022. Subsequently, on 11th August 2022, the learned JMFC passed an interim order in favour of the respondent, prohibiting her eviction from the matrimonial home and directing the personal appearance of the appellant (respondent therein) and other respondents on the next hearing date. However, when the matter was listed again, the Court noticed that the appellant had not returned to India, and the concerned authorities were directed to initiate the extradition process against him.
We may observe that as the proceedings under the DV Act are quasi-criminal in nature, thus, there cannot be any justification to require the personal presence of the appellant in these proceedings. Thus, the learned Magistrate grossly erred while directing the appellant to remain personally present in the Court.

From Para 20,

20. It is apparent that the appellant’s inability to travel to India and appear in Miscellaneous Case No. 440 of 2022, filed by the respondent under Section 26 of the DV Act, stemmed from the impoundment of his passport, a circumstance beyond his control. Consequently, the order of the learned JMFC directing the initiation of extradition proceedings against the appellant as a consequence of his non-appearance, despite being aware of the fact of impounding of the passport of the appellant, is untenable and unsustainable in the eyes of the law. Otherwise also, as noted above, there is no requirement for the personal presence of any party in the proceedings under the DV Act, because they are quasi-criminal in nature and do not entail any penal consequences except when there is a breach of a protection order, which is the only offence provided under Section 31 of the DV Act.

From Para 26,

26. On the issue as to grant of divorce on the ground of irretrievable breakdown of marriage in the exercise of jurisdiction under Article 142(1) of the Constitution of India, this Court, in a very recent judgment of Rinku Baheti v Sandesh Sharda13, held that the factual analysis has to be undertaken in each case to determine as to what constitutes an ‘irretrievable breakdown’ while keeping in mind the non-exhaustive factors laid down in Shilpa Sailesh (supra).

From Para 31,

31. The filing of the aforesaid cases by the respondent-wife reflects her vindictive attitude towards the appellant and his family members and unambiguously reflects the bitterness that has seeped into the marital relationship. The tumultuous state of the marital relationship between the parties is quite evident, irrespective of the fate of the criminal complaints and the imputations made by the parties against each other. The passport of the appellant was also impounded by the concerned authorities, pursuant to the pending cases filed by the respondent.

From Paras 35-37,

35. Whatever may be the justification for the spouses living separately, with so much time having passed by any marital love or affection that may have developedbetween the parties seems to have evanesced. This is a classic case of irretrievable breakdown of marriage. The admitted long-standing separation, nature of differences, prolonged and multiple litigations pending adjudication, and the unwillingness of the parties to reconcile are evidence enough to establish beyond all manner of doubt that the marriage between the parties has broken down irretrievably and that there is no scope whatsoever for marriage to survive. Thus, no useful purpose, emotional or practical, would be served by continuing the soured relationship. On the basis ofthe above factual matrix, the present appears to be a case of irretrievable breakdown of marriage.
36. Apart from the irreconcilable status of the relationship between the parties, in the present case, another factor that has weighed with this Court in favour of the exercise of the power under Article 142(1)of the Constitution of India is that there is no child born from the wedlock and therefore, any direction to allowthe parties to part ways would only affect the parties themselves and not any innocent child.
37. Thus, this is a fit case warranting the exercise of the discretion conferred under Article 142(1) of the Constitution of India to dissolve the marriage between the parties on the grounds of irretrievable breakdown of marriage.

From Paras 42-43,

42. Before we conclude our discussion, we must note that the act of impounding the passport of the appellant by the concerned authorities of the Government of India was ex-facie illegal in the eyes of the law. In the present case, the appellant’s passport was impounded on the mere premise that the respondent has filed numerous cases before the various courts in India.
43. The law regarding the impounding of a passport of an individual has been settled by this Court in the case of Maneka Gandhi v. Union of India and Anr.16, wherein it was held that the rules of natural justice must be followed before impounding a passport under Section 10(3) of the Passports Act, 1967.

From Paras 45-46,

45. Further, this Court, in Rajesh Sharma v. State of U.P.17, while dealing with the question of arrest and fair investigation in a case alleging the offence of cruelty under Section 498A IPC, was of the view that in respect of persons ordinarily residing out of India impounding of passports or issuance of ‘Red Corner Notice’ should not be a routine.
46. Applying the afore-mentioned legal principles to the present case, we find that the act of impounding the appellant’s passport under Section 10 of the Passport Act, 1967, was carried out without granting the appellant an opportunity to be heard. This clear violation of the principles of natural justice renders the act of impounding the passport ex-facie illegal. Consequently, we hold that the concerned authorities should release the appellant’s passport within a period of one week from today.

Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025

Citations: [2025 INSC 254], [2025 LiveLaw (SC) 240]

Other Sources:

https://indiankanoon.org/doc/97306350/

https://www.caseciter.com/vishal-shah-vs-monalisha-gupta-2025-insc-254-domestic-violence-act-passport-impounding-irretrievable-breakdown-of-marriage-permanent-alimony/

Index of Domestic Violence Judgments is here. Divorce Judgments are here. Passport judgements are here.

Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025

Posted on February 12, 2025 by ShadesOfKnife

A full bench of Supreme Court passed this order to a reference from a division bench.

From Para 6,

6. The following questions arise for our consideration:
(i)Whether a spouse of a marriage declared as void by a competent Court under Section 11 of the 1955 Act is entitled to claim permanent alimony and maintenance under Section 25 of the 1955 Act?
(ii)Whether in a petition filed seeking a declaration under Section 11 of the 1955 Act, a spouse is entitled to seek maintenance pendente lite under Section 24 of the 1955 Act?

From Para 26,

26. An apprehension is the expression by the learned counsel for the appellant that if it is held that Section 25 of the 1955 Act also applies to void marriages, it will lead to a ridiculous result. He gave an example of a wife whose first marriage is subsisting, inducing another man to marry her. He also gave an example of a daughter getting married to her father. We must note that Sub-Section 1 of Section 25 uses the word “may”. A grant of a decree under Section 25 of the 1955 Act is discretionary. If the conduct of the spouse who applies for maintenance is such that the said spouse is not entitled to discretionary relief, the Court can always turn down the prayer for the grant of permanent alimony under Section 25 of the 1955 Act. Equitable considerations do apply when the Court considers the prayer for maintenance under Section 25. The reason is that Section 25 lays down that while considering the prayer for granting relief under Section 25, the conduct of the parties must be considered.

From Paras 27 and 28,

27. Section 24 confers a power on a matrimonial Court to grant interim maintenance in pending proceedings seeking a decree contemplated under the 1955 Act. The power is to be exercised pending the proceedings for a grant of a decree under Sections 9 to 13 of the 1955 Act. The conditions for applicability of Section 24 are:
(i) There must be a proceeding under the 1955 Act pending and
(ii) the court must come to a conclusion that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding.
26. Even if, prima facie, the matrimonial court finds the marriage between the parties is void or voidable, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned above are satisfied. The grant of relief under Section 24 is discretionary as the Section uses the word ‘may’. While deciding the prayer for interim relief under Section 24, the Court will always consider the conduct of the party seeking the relief. It provides for issuing a direction to pay a reasonable amount.

Final conclusions:

29. Accordingly, we answer the questions as follows:
a. A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. Whether such a relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties. The grant of relief under Section 25 is always discretionary; and
b. Even if a court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. While deciding the prayer for interim relief under Section 24, the Court will always take into consideration the conduct of the party seeking the relief, as the grant of relief under Section 24 is always discretionary.

Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025

Citations: [2025 INSC 197]

Other Sources:

https://www.livelaw.in/supreme-court/permanent-alimony-interim-maintenance-can-be-granted-even-when-marriage-is-void-under-hindu-marriage-act-supreme-court-283751

https://www.barandbench.com/news/litigation/spouse-of-void-marriage-under-hindu-marriage-act-entitled-to-permanent-alimonymaintenance-supreme-court

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=18508

https://lawtrend.in/hindu-marriage-act-alimony-and-maintenance-granted-even-if-marriage-is-void-supreme-court/

Index of Maintenance Judgements under HMA here.

Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023

Posted on February 7, 2025 by ShadesOfKnife

A division bench of Supreme Court held as follows, while relying on landmark judgments like

From Para 10,

10. On the question of burden in a petition for divorce, burden of proof lies on the petitioner. However, the degree of probability is not one beyond reasonable doubt, but of preponderance.

From Para 17,

17. For a decade and half, the parties have been living separately. As fairly stated at the Bar, the marriage does not survive any longer, and the relationship was terminated otherwise except by a formal decree of divorce. The status quo continues, awaiting an approval from this Court.

From Para 19,

19. The Trial Court and the High Court adopted a hyper-technical and pedantic approach in declining the decree of divorce. It is not as if the respondent-Husband is willing to live with the appellant–Wife. The allegations made by him against her are as serious as the allegations made by her against him. Both the parties have moved away and settled in their respective lives. There is no need to continue the agony of a mere status without them living together.

Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023

Index of Divorce judgments is here.

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Posted on January 30, 2025 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 45,

45. Despite concurrent findings of three courts as to the legitimacy of the Respondent, he and his mother maintain and proclaim to the world that the Appellant is his biological father. It must be underscored that theAppellant has maintained a consistent stance across all fora that he never had sexual relations with the Respondent’s mother. In fact, the dispute was assumed to have been put to rest in 2011, providing some relief to the Appellant, only to be reopened in 2015, once again making him face the brunt of the allegations. This constant pendulum-like state of affairs and unsubstantiated allegations must have, undoubtedly, had an adverse effect on the Appellant’s quality of life. In this backdrop, an order necessitating a DNA test based on mere allegations of adultery, would ultimately violate the Appellant’s right to dignity and privacy.

From Paras 69 and 70,

69. This convoluted case, spanning over two decades, has no doubt taken its toll on the parties involved and other relevant stakeholders. Given these
extenuating circumstances, at this stage, it must be closed for all intents and purposes.
70. Accordingly, we deem it appropriate to allow this appeal and set aside the Impugned Judgment of the High Court dated 21.05.2018 and of the
Family Court dated 09.11.2015, with the following directions and conclusions:
i. Legitimacy determines paternity under Section 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’;
ii. The Munsiff Court and the Sub-Judge Court possessed jurisdiction to entertain the Original Suit, which dealt with the question of the legitimacy of the Respondent;
iii. The Family Court, Alappuzha erred in reopening the Maintenance Petition when the self-imposed condition was not satisfied;
iv. The impugned proceedings, initiated by the Respondent, are barred by the principle of res judicata;
v. The proceedings in MC No. No. 224/2007 before the Family Court, Alappuzha stand quashed;
vi. Any claim by the Respondent based upon the perceived relationship of paternity qua the Appellant, stands negated; and
vii. The Respondent is presumed to be the legitimate son of Mr. Raju Kurian.

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Impugned Judgment:

https://www.casemine.com/judgement/in/5e977c0b4653d048ca2bb2dc

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

Posted on December 23, 2024 by ShadesOfKnife

A division bench of the Apex Court reiterated that no evidence could be led beyond pleadings.

From Para 15,

15. There is no quarrel with the proposition of law that no evidence could be led beyond pleadings. It is not a case in which there was any error in the pleadings and the parties knowing their case fully well had led evidence to enable the Court to deal with that evidence. In the case in hand, specific amendment in the pleadings was sought by the plaintiffs with reference to 1965 partition but the same was rejected. In such a situation, the evidence with reference to 1965 partition cannot be considered.

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

Posted on October 26, 2024 by ShadesOfKnife

A division bench of Apex Court held that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.

From Paras 11-13,

11. In the contextual situation, it is only appropriate to keep reminded of the observations of this Court in the decision in Preeti Gupta v. State of Jharkhand1. This Court observed that it is a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints and the tendency of over implication is also reflected in a large number of cases.
12. We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.
13. The upshot of the discussion is that the finding of guilt against the appellant by the courts below for the offence under Section 498-A, IPC, with the aid of Section 34, IPC, is absolutely perverse in view of the absolute absence of any evidence against him to connect him with the said offence in any manner.

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

N.Rajendran Vs S.Valli on 03 Feb 2022

Posted on September 26, 2024 by ShadesOfKnife

A division bench of the Apex Court granted divorce to the husband, not on the ground of cruelty by wife, but on the ground of irretrievable breakdown of marriage.

From Para 29,

29. Article 142 of the Constitution undoubtedly clothes this Court with a reservoir of power to pass orders as would reach complete justice to the parties. What comes to mind is the concept of irretrievable breakdown of marriage. Undoubtedly, though there have been reports of the Law Commission in this regard recommending changes in the law, as of today the statute does not provide for irretrievable breakdown of marriage as a ground. However, this Court has on a number of occasions exercised its power and granted dissolution of marriage on the ground of irretrievable breakdown of marriage based on Article 142. In this regard, learned counsel for respondent pointed out that this is not a case for exercising power under Article 142. He addressed this submission, reminding us of the conduct of the appellant throughout. He would submit that the respondent is completely without blame. She was always ready and willing. The findings as found by the High Court being confirmed, no occasion arises for this Court to exercise power under Article 142. We record this submission for as a prefatory remark to indicate that this is not a case where both parties are agreeable for a dissolution by way of irretrievable breakdown of marriage. But that then leads us to the question as to whether the consent of the parties is necessary to order dissolution of marriage on the ground of irretrievable breakdown. This again, is not res integra. We may notice that this Court has in a catena of decisions discussed this very aspect.

From Para 32,

32. Having found that consent of the parties is not necessary to declare a marriage dissolved, we cannot be unmindful of the facts as they exist in reality. There has been a marriage which took place on 31.10.2004. There is a child born in the said marriage. No doubt being in contravention of Section 15, it becomes a fait accompli but at the same time we do not reasonably perceive any possibility of the appellant and the respondent cohabiting as husband and wife. Whatever life was there in the marriage has been snuffed out by the passage of time, the appearance of new parties and vanishing of any bond between the parties. Not even the slightest possibility of rapprochement between the appellant and the respondent exists for reasons though which are entirely due to the actions of the appellant and for which the respondent cannot be blamed. The marriage between the appellant and the respondent has become dead. It can be described as a point of no return. There is no possibility of the appellant and the respondent stitching together any kind of a reasonable relationship as the tie between the parties has broken beyond repair and having regard to the facts of this case, we would think that it would be in the interest of justice and to do complete justice to the parties that we should pass an order dissolving the marriage between the appellant and the respondent.

From Para 34,

34. Accordingly, while we affirm the judgment of the High Court and refuse to grant a decree of dissolution on the ground of cruelty by the respondent, we in exercise of our power under Article 142 of the Constitution declare the marriage between the appellant and the respondent as dissolved. This will be on condition that the appellant will pay a sum of Rs.20,000,00/- (Rupees twenty lakhs) to the respondent by way of a demand draft within a period of eight weeks from today. We further make it clear that this will be without prejudice to all the rights available to the son who was born in the marriage between the appellant and the respondent under law in regard to property rights. Till the amount is paid as aforesaid, the appellant will continue to be liable to pay Rs.7000/- per month to the respondent.

N.Rajendran Vs S.Valli on 03 Feb 2022

Index of Divorce judgements is here.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Posted on September 13, 2024 by ShadesOfKnife

A division bench of Apex Court held as follows,

We have failed to comprehend the necessity of the direction of the High Court insisting for personal presence of the petitioner no.2 in Court in-person, despite being apprised that the petitioner no.2 has been suffering from severe medical conditions. From the materials placed on record we find that not only did the petitioner no.2 undergo an organ transplant in the recent past, he is afflicted by other ailments too calling for a surgery thus making it inadvisable for him to travel to Kolkata for attending court proceedings physically. That apart, the petitioner no.1 had physically appeared before the Court on 8th April, 2024 in deference to the order dated 31st January, 2024, yet, she too has been ordered to be produced in court by the police without apparent justification.
We are also at loss to comprehend as to why despite the advancement of science and technology and with the introduction of facilities for virtual hearing in the High Courts, the Court did not consider it desirable to grant liberty to the two petitioners to appear before it through the virtual mode.
The dispute that the High Court is seized of arises out of a marital discord between the spouses and the situation, prima facie, was not such so as to call for the Court’s insistence for personal presence of both the petitioners including the ailing petitioner no.2 by taking an arduous journey from a distant place like Mumbai despite his medical conditions. If the Court thought it fit to interact and bring about a settlement between the parties, an attempt to achieve it by allowing the petitioners to attend proceedings through the virtual mode ought to have been made.
The impugned order is bound to operate harshly against the petitioners. We expect the Court to exercise restraint unless any party repeatedly acts in breach of its order to undermine its dignity, prestige and majesty, thereby attracting the contempt jurisdiction. Exercise of discretion judiciously could have prevented the proceedings from reaching this Court.

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024

Posted on September 9, 2024 by ShadesOfKnife

Index of Perjury judgments is here.

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Posted on September 3, 2024 by ShadesOfKnife

A division bench of the Apex Court held as follows,

From Paras 7 and 8,

7. The question of law involved in these two appeals as to whether quashing of the FIR should have been refused for no other reason than that the investigating officer has filed the charge-sheet is no longer res integra. Decisions of this Court to such effect are legion. We may profitably refer to the decisions of this Court in Ruchi Majoo v. Sanjeev Majoo3, Anand Kumar Mohatta vs State (Govt. of NCT of Delhi) Home Department4 and Abhishek vs. State of Madhya Pradesh5.
8. On the authority of the aforesaid decisions, law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) thereof is filed, provided a satisfaction is reached, inter alia, that either the FIR and the charge-sheet read together, even accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR would in fact be an abuse of the process of law as well as of the Court given the peculiar circumstances of each particular case.

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024

Index of Quash judgments is here.

Shades of Knife

True Colors of a Vile Wife

Category: Supreme Court of India Judgment or Order or Notification

Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025

Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025

Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Srinivas Raghavendrarao Desai (Dead) By Lrs. Vs V.Kumar Vamanrao and Ors on 04 Mar 2024

Yashodeep Bisanrao Vadode Vs State of Maharashtra and Anr on 21 Oct 2024

N.Rajendran Vs S.Valli on 03 Feb 2022

Basudha Chakraborty Vs Neeta Chakraborty on 20 May 2024

Sunil Nayak @ Fundi Vs State of NCT of Delhi on 09 Sep 2024

Shaileshbhai Ranchhodbhai Patel and Anr Vs State of Gujarat and Ors on 28 Aug 2024