Supreme Court laid out this judgment to the extent of… Hindu woman marrying a Hindu man having a lawfully wedded wife is not entitled to maintenance.
From Para 8,
8. We therefore, hold that the marriage of a woman in accordance with the Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of s. 125 of the Code.
This is awesome judgment from Hon’ble Supreme Court that reaffirmed that When there is no relationship in the nature of marriage, no DV can apply.
iStory!
Ms. Indra Sarma, an unmarried woman, left her job and began a “live-in” relationship with Mr. V.K.V. Sarma for a period as long as 18 years, despite knowing that he was married. Mr. Sarma abandoned Ms. Sarma in a state where she could not maintain herself. Under the Protection of Women from Domestic Violence Act, 2005, failure to maintain a woman involved in a “domestic relationship” amounts to “domestic violence.” Two lower courts held that Mr. V.K.V. committed domestic violence by not maintaining Ms. Sarma, and directed Mr. Sarma to pay a maintenance amount of Rs.18,000 per month. Thereafter, on appeal, the High Court of Karnataka set aside the orders of the lower courts on the ground that Ms. Sarma was aware that Mr. Sarma was married and thus her relationship with him would fall outside the protected ambit of “relationship in the nature of marriage” under the Protection of Women from Domestic Violence Act, 2005. On further appeal, the Supreme Court, while affirming the High Court’s order, created an exception to the general rule. The Supreme Court clarified that a woman who begins to live with a man who is already married to someone else, without knowing that he is married, will still be considered to be in a “domestic relationship” under the Protection of Women from Domestic Violence Act, 2005; thus, the man’s failure to maintain her will amount to “domestic violence” within the meaning of the Act and she will be eligible to claim reliefs such as maintenance and compensation. This case is important because it established for the first time such an exception and calls for legislative action to protect women like Ms. Sarma whose contributions in a joint household are often overlooked.
Guidelines issues in the Judgment
55. We may, on the basis of above discussion cull out some guidelines for testing under what circumstances, a live-in relationship will fall within the expression “relationship in the nature of marriage” under Section 2(f) of the DV Act. The guidelines, of course, are not exhaustive, but will definitely give some insight to such relationships.
1) Duration of period of relationship Section 2(f) of the DV Act has used the expression “at any point of time”, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.
(2) Shared household The expression has been defined under Section 2(s) of the DV Act and, hence, need no further elaboration.
(3) Pooling of Resources and Financial Arrangements Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.
(4) Domestic Arrangements Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.
(5) Sexual Relationship Marriage like relationship refers to sexual relationship, not just for pleasure, but for emotional and intimate relationship, for procreation of children, so as to give emotional support, companionship and also material affection, caring etc.
(6) Children Having children is a strong indication of a relationship in the nature of marriage. Parties, therefore, intend to have a long standing relationship. Sharing the responsibility for bringing up and supporting them is also a strong indication.
(7) Socialization in Public Holding out to the public and socializing with friends, relations and others, as if they are husband and wife is a strong circumstance to hold the relationship is in the nature of marriage.
(8) Intention and conduct of the parties Common intention of parties as to what their relationship is to be and to involve, and as to their respective roles and responsibilities, primarily determines the nature of that relationship.
Citations: [AIR 2014 SC 309], [Manu/SC/1230/2013], [2014-1 LW.(Crl.) 129], [2013 SCC 15 755], [2014 SCC CIV 5 440], [2014 SCC CRI 6 593], [2013 SCC ONLINE SC 1042], [2013 KERLT 4 763], [2013 GUJ LH 3 720], [2014 AIC 133 225], [2014 ALR 102 711], [2014 LW 1 561], [2013 AIOL 781], [2014 AIR BOMR 1 615], [2014 ALLMR CRI SC 319], [2014 BOMCR CRI SC 1 496], [2014 JLJR SC 1 549], [2014 RCR CRIMINAL SC 1 179]
Other Sources:
https://indiankanoon.org/doc/192421140/
https://www.casemine.com/judgement/in/5609af32e4b0149711415ca2
The index page is here.
Hon’ble Supreme Court has clarified the legal position on whether an appellant can engage a private pleader to assist the Public prosecutor or Assistant Public prosecutor in court of sessions.
Citations:
Other Sources:
This landmark judgment from Justice R.F. Nariman and Justice Kurian Joseph at Hon’ble Supreme Court has struck down the words “adult male” appearing in Section 2(q) of the Act as discriminatory.
From Last Para,
46. We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted. We may only add that the impugned judgment has ultimately held, in paragraph 27, that the two complaints of 2010, in which the three female respondents were discharged finally, were purported to be revived, despite there being no prayer in Writ Petition No.300/2013 for the same. When this was pointed out, Ms. Meenakshi Arora very fairly stated that she would not be pursuing those complaints, and would be content to have a declaration from this Court as to the constitutional validity of Section 2(q) of the 2005 Act. We, therefore, record the statement of the learned counsel, in which case it becomes clear that nothing survives in the aforesaid complaints of October, 2010. With this additional observation, this appeal stands disposed of.
Citation: [2016 SCC OnLine SC 1118] or [(2016) 10 SCC 165]
Other Source links: https://indiankanoon.org/doc/114237665/
More than 5 years back, Supreme Court has actually held that Women can also be made respondents in a DV case here.
The index page is here.
Another wonderful Supreme Court judgment delivered by Justice Shri Dalveer Bhandari ji, quashing the false IPC 498A case due to no specific allegations on the accused.
32. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.
33. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband’s relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.
34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases.
35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately, a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon’ble Minister for Law & Justice to take appropriate steps in the larger interest of the society.”
Citation: [(2010) 7 SCC 667], [AIR 2010 SC 3363], [2010 SCC CR 3 473], [2010 SCALE 8 131], [2010 ALLMR CRI 0 2947], [2010 RCR CRI 4 45], [2010 CRLJ 0 4303], [2010 SCJ 6 609], [2010 AD SC 9 28], [2010 AIR SC 4975], [2011 MLJ CRI 2 89], [2010 JT 8 410], [2010 SLT 6 7], [2010 DMC 2 387], [2010 SUPREME 6 312], [2010 OCR 47 367], [2010 AIOL 501], [2010 ANJ SC 2 202], [2010 CRIMES SC 4 19], [2010 SCC 7 66], [2010 SCC CRI 3 473], [2011 AIC 99 149], [2010 GUJ LH 3 258], [2010 CRI LJ 4303]
Other Source links: https://indiankanoon.org/doc/46704/ or https://www.casemine.com/judgement/in/5609aee0e4b0149711414fdd
The Supreme Court bench has delivered this landmark judgment calling out the cherished two basic values of life i.e., `Satya’ (truth) and `Ahimsa’ (non-violence) in Indian Society and exclaimed that,
“In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.“
Other Sources :
https://indiankanoon.org/doc/198000498/
https://www.casemine.com/judgement/in/5609aed8e4b0149711414dd7
Citations: [2010 SCC CRI 1 324], [2010 SCC 2 114], [2009 SCALE 14 473], [2010 AIC 85 13], [2010 AIR SC SUPP 116], [2010 AIR SC 0 50], [2010 SCJ 1 863], [2009 JT 15 201], [2009 SLT 9 167], [2009 AIOL 1294], [2009 SUPREME 8 485], [2010 ALL LJ 1 536], [2010 MADLJ 2 483], [2010 AIR SCW 50]
Index of perjury case laws here.
Hon’ble Supreme Court has shown it’s disgust toward frivolous litigants in this case.
Relevant portions of the said judgment are as under:
“191. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault?…”
This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.
Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:
24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]
Other Sources :
https://indiankanoon.org/doc/1337239/
https://www.casemine.com/judgement/in/5609af03e4b014971141557d
Another previous judgment cited in this judgment is available here.
Index DV case laws is here.
Fraud on Hon’ble Court is always viewed seriously.
In this Supreme Court judgment, a mutual consent Divorce decree is set aside because knife says consent was obtained under pressure and threat.
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