A key legal point enunciated by Hon’ble Supreme Court in this judgment.
In Para 13,
Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act.
This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.
The grounds on which quash is done are
Indiankanoon.org link: https://indiankanoon.org/doc/125470413/
Citations: [(2012) 10 SCC 741]
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This judgment declares a criminal case of filed at a wrong jurisdiction and permits transfer of case to another court with proper jurisdiction to proceed with case.
One piece of valuable information is
We find that the offence of cruelty cannot be said to be a continuing one as contemplated by Sections 178 and 179 of the Code. We do not agree with the High Court that in this case the mental cruelty inflicted upon the respondent no. 2 “continued unabated” on account of no effort having been made by the appellants to take her back to her matrimonial home, and the threats given by the appellants over the telephone. It might be noted incidentally that the High Court does not make reference to any particular piece of evidence regarding the threats said to have been given by the appellants over the telephone.
One thing to note is the judge is directing to effectively transfer case on court with proper jurisdiction.
However, we consider it appropriate, in the interest of justice to permit the Court at Ambikapur to proceed with the trial of Criminal Case arising out of F.I.R. No. 798 of 2005 dated 31.12.2005, in exercise of powers conferred on this Court by Article 142 of the Constitution of India.
The high court judgment which was appealed over in this SC judgment is here.
Another such previous wonderful judgment is available here.
This is one of the judgments wherein a criminal case filed at wrong jurisdiction is directed to be transferred to a court with proper jurisdiction!! Interesting !!
We, therefore, are of the opinion that, interest of justice would be subserved, while setting aside the order of the High Court, if in exercise of our jurisdiction under Article 142 of the Constitution of India, we direct transfer of the criminal case pending in the Court of Chief Judicial Magistrate, Datia to the Court of Chief Judicial Magistrate, Jabalpur. We accordingly do so.
Another landmark judgment from Justice Dr. Arijit Pasayat as part of a three-judge bench.
Intro
Legal points enumerated by their Lordships are
The reportable version of judgment is here.
Citations : [2009 SCC 14 244], [2010 SCC CRI 1 1349], [2009 ECRN SC 2 1288], [2009 AIOL 261], [2009 JT 13 666], [2009 SCALE 5 1], [2009 SCR 3 326]
Other Sources :
https://indiankanoon.org/doc/1091787/
https://www.casemine.com/judgement/in/575fd328607dba63d7e6c4d8
Wonderful judgment from the Hon’ble Supreme Court whereby it is declared that filing a false complaint by Knife on husband and his family constitutes cruelty and this is sufficient ground a marriage can be dissolved.
The prosecution tried these tactics to counter the appeal from Husband
Hon’ble two-judge bench has destroyed this angle in Para 5.
The Respondent-Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C. It is not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them. This, it seems to us, is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the High Court that the criminal complaint was “ill advised”.
Final nail in the coffin:
Prosecution: the filing of the criminal complaint has not been pleaded in the petition itself by Husband
Supreme Court: the criminal complaint was filed by the wife after filing of the husband’s divorce petition, and being subsequent events could have been looked into by the Court.
This is also called as Counter blast.
In Para 7,
We unequivocally find that the Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty.
Citations: [2014 SUPREME 8 36], [2015 JLJR SC 1 114], [2014 JT 13 8], [2015 SCC CRI 3 400], [2015 RCR CIVIL SC 1 38], [2014 AIOL 702], [2015 ALLCC 90 808], [2015 ALLMR SC 2 435], [2015 ALR 108 742], [2015 AWC SC 1 80], [2015 SCSUPPL CHN 1 233], [2015 LW 4 671], [2015 OLR 1 267], [2015 PLJR 1 126], [2015 PLR 179 435], [2014 SCC 16 34], [2015 SCC CIV 3 415], [2014 SCC ONLINE SC 915], [2015 AIC 146 107]
Other Source links: https://indiankanoon.org/doc/175889126/ and https://www.casemine.com/judgement/in/5767b12be691cb22da6d57e4
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This is a wonderful judgement by the Apex Court with many useful legal points in regards to the modification of maintenance under section 125 of Criminal Procedure Code.
Legal points observed
This is the Divorce case of famous musician Mandolin U Shrinivas. Supreme Court affirmed that he faced mental cruelty at the acts of his Knife. Alimony of 50 Lakhs is also ordered by Justice Dipak Misra.
Shortly after, he died from a failed liver transplant operation in 2014.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
This Supreme Court judgment affirmed that Impotency of Husband is a valid ground that causes Physical and Mental cruelty on Knife and I also valid for maintenance under section 125(3).
Here again Supreme Court judgment where alimony was enhanced to the Knife.
Bad Behavior has blocked 1161 access attempts in the last 7 days.
