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True Colors of a Vile Wife

Category: West Godavari DV Cases

Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018

Posted on July 21, 2018 by ShadesOfKnife

In continuation from here, husband has filed an appeal which was partly allowed by Hon’ble Sessions Judge.

From Para 18,

The wife is examined as P.W.1 before the trial Court. P.W.1 categorically admitted in her later part of cross-examination that she did not produce any documentary proof to show that her parents paid an amount of Rs.3.00 Lakhs as dowry, gold ornaments weighing 15 sovereigns, gold chain weighing 7 sovereigns and a gold ring to the respondent/husband. If such is the case of the wife, how the lower Court directed the husband to return the alleged dowry amount of Rs.3.00 Lakhs to the wife within the stipulated period. The wife also failed to examine her parents, elders or her kith and kin to show that by the time of the marriage, they paid Rs.3.00 Lakhs to the husband towards dowry. Therefore, the direction given by the learned trial Court for return of dowry amount of Rs.3.00 Lakhs by the husband to the wife is not sustainable under Law and the said finding is not substantiated, since no cogent evidence found to believe presentation of dowry of Rs.3 lakhs.

Final order

The order of the lower Court with regard to return of dowry amount of Rs.3.00 Lakhs within three months from the date of its order and compensation amount of Rs.15.00 Lakhs within six months from the date of its order by the 1st respondent to the Complainant is hereby set aside.

Monthly maintenance of Rs.10,000/- is confirmed anyways, just another unclear aspect, as to why?

Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018

Index is here.

Posted in West Godavari DV Cases | Tagged Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari PWDV Act Sec 29 - Appeal Partly Allowed | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018

Posted on July 21, 2018 by ShadesOfKnife

In continuation from here, the knife filed for appeal requesting increase in monthly maintenance amount. It is dismissed by holding,

From Para 18,

The learned trial Court has discussed the provisions under the Domestic Violence Act and granted maintenance to the wife. The settled law is that if the wife has no means, unable to maintain herself, certainly, she is entitled for maintenance from her husband. But, in this case, the documents relied upon by the husband under Exs.D-3 to D-5 shows that the wife has got some means to maintain herself. The learned trial Judge after gone through the evidence let in by both the parties and the admissions made by them, considering the present cost of living conditions, granted maintenance to the wife. Under the above circumstances, I do not find any illegality or perversity in the impugned order whatsoever with respect to granting monthly maintenance to the wife.

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018

Index is here.

Posted in West Godavari DV Cases | Tagged Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar PWDV Act Sec 29 - Appeal Dismissed On Merits | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016

Posted on July 20, 2018 by ShadesOfKnife

I am going to start the first of the DV cases from West Godavari district with this case which resulted in a key judgment from Hon’ble Supreme Court wherein it was held that courts can allow amendments to the complaint so as to avoid multiplicity of cases and remove infirmities. Read it here. Later on, on 12 August, 2016, the trial court allowed some reliefs in this DV Case.

See the Bullshit reasoning given by magistrate

Admittedly, the parents of P.W.1 have no indigent status and they are financially stable. In such a case, it is likely that the parents of P.W.1 have paid the dowry amount to R.W.1 at the time of marriage. Dowry system is rampant in the Indian society even umpteen number of legislations. Therefore, the probability and plausibility factor coupled with the verbal testimony of P.W.1 impels the court to place implicit reliance upon the testimony of P.W.1 regardless of documentary evidence.

Some more BS sprinkled herein Para 9,

The substantial revelation from para 4 of the counter of R.W.1 is that “the complainant is a kondakapu which is schedule tribe by caste and with a lenient view the respondent married the complainant without taking dowry amount”. This material drives home the message that R.W.1 married P.W.1 on his own volition without any compulsion. On the other hand, it is not the case of the R.W.1 that P.W.1 disguised her caste. In such a case as to why R.W.1 averred in the counter that P.W.1 is a scheduled tribe by caste. In this context, the argument advanced by the learned counsel for the respondent has workable force and this averment is made in the counter with intent to inflict psychological trauma, sorrow, agony and pain to P.W.1.

Just because RCR under Section 9 of HMA is not filed, judge thinks offer of husband to continue marital ties if knife comes back, is highly pretentious and fake.

It is specifically pleaded in para 20 of the counter that R.W.1 would accord warm welcome to P.W.1, if she comes and joins him. In this context, the counsel for the respondent questioned P.W.1 whether she is willing to join R.W.1, on which she emphatically denied. If in truth R.W.1 has any transparent honesty and righteousness to continue the marital tie without snapping, he would have invoked the coercive provision as envisaged under section 9 of Hindu Marriages Act i.e., for restitution of conjugal rights, however R.W.1 is very much indifferent and inactive and did not offer any solemn explanation as to why he failed to resort to the provisions of section 9 of Hindu Marriages Act. This material makes me to understand that the offer of R.W.1 to continue the marital bond with P.W.1 is highly pretentious and fake.

In contrary, read this BS, when it was questioned, why knife didn’t file IPC 498A criminal case from Para 17 and 18,

The third limb of the argument canvassed by the learned counsel for the respondent is that, if in truth P.W.1 suffered low marital happiness on account of cruelty alleged to have been perpetrated by the respondent, surely she would have set the criminal machinery in motion under section 498-A IPC and this circumstance clearly points out that P.W.1 is guilty of matrimonial misconduct. In this contextual facts, regard must be had to the material forth came from the cross examination of R.W.1. During cross examination R.W.1 affirms that “He deposed in O.P. No.22/2010 on the file of Principal Senior Civil Judge’s Court that P.W.1 is tradition ridden woman and always prays the almighty and she is a big devotee“.

In general the woman who are orthodox and have a firm belief over traditions and old customs may not turn impulsive and aggressive and may not resort to criminals proceedings against their husbands believing that their family reputation will be marred irretrievably and irreplaceably. This material gives some formidable feedback to the court that P.W.1 is highly traditional lady and has traditional approach towards life and due to which reason she might not have lodged complaint against the respondent under section 498-A IPC.

One rule for husband and another philosophy for knife.

Another gem of dogshit here from Para 19. Enjoy…

P.W.1 candidly admits in the cross examination that “ I filed application under section 13 of Hindu marriages Act for seeking the dissolution of marriage on the file of Principle Senior Civil Judge, Eluru and the same was ended in dismissal”. In the normal scheme of things, no married woman who have grown up and marriageable children would not venture to walkout from the marriage and gets her marital life ruined, unless the home atmosphere in the matrimony is uncongenial. This material makes me cognizant that R.W.1 resorted to domestic violence in the shared household.

No application of mind, why this S13 application is dismissed!!!

From Para 20, this is the observation: From this material, it appeals to me that P.W.1 is very sensitive and gullible lady.

Read Para 23 for more fun-filled entertainment.

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016

Now, read the appeals filed by both husband (here) and wife (here). Entire Index is here.

Posted in West Godavari DV Cases | Tagged Baseless or Convoluted Judgment Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu No Territorial Jurisdiction PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance From Date of Order PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted | Leave a comment

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