web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Rijas MT Vs Hafseena M on 15 Nov 2023

Posted on January 31, 2024 by ShadesOfKnife

A single judge of Kerala High Court held as follow:

From Para 29-32, (Regarding issuing of arrest warrants without following procedure u/s 421 Cr.P.C.)

29. Now, coming to the next question regarding the failure of the Family Court in not following the procedure for levy of fines as contemplated under Section 421 of the Code.
30. Section 125 (3) extracted above, stipulates that in case of failure of a person to comply with an order to pay maintenance without sufficient cause, then for every breach, the Magistrate has to issue a warrant for levying the amount due in the same manner provided for levying fines.
32. It is well-settled in a whole line of precedents that the Courts shall not order a warrant of arrest against a defaulter, without following the procedure under Section 421 of the Code.

From Para 33,

33. Nonetheless, after the pronouncement of the celebrated judgment in Rajnesh v. Neha (supra), a revolutionary change has been brought in the procedure to be followed by the courts in dealing with the applications filed under Chapter IX of the Code. The Hon’ble Supreme Court has issued comprehensive procedural and normative directions streamlining the maintenance laws, inter alia, directing that the parties in a maintenance application have to file affidavits of disclosure of their assets and liabilities, which must be considered by Courts while deciding the application. It is also held that, in case of a dispute on the declaration made in the affidavits of disclosure, the aggrieved person can seek leave of the Court to serve interrogatories on the opposite side and seek production of relevant documents as provided under Order 9 of the Code of Civil Procedure, and in case a false statement or misrepresentation is made, the Court can initiate proceedings under Section 340 of the Code or for contempt of court.
34. In the instant case, the Family Court, following the directions laid down in Rajnesh v. Neha (supra), directed both parties to file their affidavits of disclosure in the original proceedings. The revision petitioner filed his affidavit stating that he had no movable or immovable properties. Again, on the execution side, the Family Court directed the first respondent to file an affidavit regarding the assets of the revision petitioner, and she reiterated that the revision petitioner had no assets or properties. Based on the affirmation in the affidavits, that the revision petitioner had no movable or immovable properties, the Family Court issued a non-bailable warrant against the revision petitioner. I do not find any error or illegality in the procedure adopted by the Family Court in the post-Rajnesh era. Once a party declares on oath that he has no movable and immovable properties, it would be an empty formality to follow the procedure under Section 421 because, ultimately, the enquiry by the revenue authorities would yield the same result as disclosed by the parties on solemn affirmation. The exposition of the law in Rajnesh was to remove the stumbling blocks in the procedure and the inordinate delay being caused in the disposal of maintenance applications and the enforcement of the orders. It is trite, that procedural laws are handmaids of justice. Therefore, the dispensation of the procedure under Section 421 of the Code, in a case where the respondent disclosed that he has no movable or immovable property, is justifiable and sustainable in law. In the emerged scenario post Rajnesh, I do not find any meaningful purpose in the Courts ritualistically following the procedure under Section 421, especially after the respondent states on oath that he has no property, other than to prolong the miseries of the persons living in vagrancy.

Rijas MT Vs Hafseena M on 15 Nov 2023

Index of Maintenance cases here.

Shades of Knife


Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 421 - Warrant for levy of fine Follow CrPC 421 For Maintenance Recovery Issue of Non-Bailable Warrant Not followed Guidelines in Rajnesh Vs Neha Judgment Rijas MT Vs Hafseena M | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
monapatelt Mona Patel 🇮🇳🐅🌳 @monapatelt ·
13 Jul

4 Indians who Seemed Foreign interference

🎯 1792 - Tippu Sultan invites Afghan ruler Zaman Shan to join forces to create Islamic State !

🎯 1947 - Nehru Seeks UN intervention in Kashmir !

🎯 2019 - Mamta asks UN to decide Indian Citizenship rules !

🎯 Kapil Sibal always…

Reply on Twitter 1944517657585488115 Retweet on Twitter 1944517657585488115 1656 Like on Twitter 1944517657585488115 2743 X 1944517657585488115
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
swathireddytdp Swathi Reddy @swathireddytdp ·
18h

మాకు గొడ్డలి గుర్తు కావాలి. ఎలక్షన్ కమిషన్ కు లేఖ రాసిన వైసిపి ఫౌండర్ శివకుమార్

Reply on Twitter 1944795484205232184 Retweet on Twitter 1944795484205232184 20 Like on Twitter 1944795484205232184 63 X 1944795484205232184
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
andhranexus Andhra Nexus @andhranexus ·
14 Jul

🚨 Pulasa season has begun in Godavari as muddy water entered the river.

Traders paying ₹5,000 in advance to get early stock. In Yanam, 1kg Pulasa was sold for ₹18,000.

Officials say overfishing is harming mother fish, reducing availability.
#AndhraPradesh #Godavari #Pulasa

Reply on Twitter 1944696380754432284 Retweet on Twitter 1944696380754432284 56 Like on Twitter 1944696380754432284 340 X 1944696380754432284
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
libsoftiktok Libs of TikTok @libsoftiktok ·
14 Jul

HOLY SHLIT

NYT confirms Fauci’s pardon was signed by autopen at the direction of an assistant

2

Reply on Twitter 1944597725552459816 Retweet on Twitter 1944597725552459816 5013 Like on Twitter 1944597725552459816 29447 X 1944597725552459816
Load More

Recent Posts

  • Ekta Kapur Vs Kunal Kapur on 21 May 2025 July 15, 2025
  • Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020 July 14, 2025
  • Evidence Act Sec 65 – Cases in which secondary evidence relating to documents may be given July 14, 2025
  • State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 July 14, 2025
  • Dowry Prohibition Officers of Andhra Pradesh working? July 13, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (3,008 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,444 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (2,371 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,797 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,684 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,390 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,178 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (1,023 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (961 views)
  • Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 (841 views)

Tags

Reportable Judgement or Order (405)2-Judge (Division) Bench Decision (376)Landmark Case (370)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (296)Catena of Landmark Judgments Referred/Cited to (275)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (61)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)

Categories

Supreme Court of India Judgment or Order or Notification (719)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (320)High Court of Andhra Pradesh Judgment or Order or Notification (180)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (107)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)Assorted Court Judgments or Orders or Notifications (50)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)Judicial Activism (for Public Benefit) (43)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (36)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2025 (6)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BCN (Barcelona) on 2025-07-22 July 22, 2025
    THIS IS A SCHEDULED EVENT Jul 22, 01:00 - 04:00 UTCJul 10, 15:00 UTCScheduled - We will be performing scheduled maintenance in BCN (Barcelona) datacenter on 2025-07-22 between 01:00 and 04:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CGB (Cuiaba) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:45 - 12:45 UTCJul 14, 16:33 UTCScheduled - We will be performing scheduled maintenance in CGB (Cuiaba) datacenter on 2025-07-17 between 08:45 and 12:45 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • CNF (Belo Horizonte) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:15 - 11:15 UTCJul 14, 16:35 UTCScheduled - We will be performing scheduled maintenance in CNF (Belo Horizonte) datacenter on 2025-07-17 between 08:15 and 11:15 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 177.220.192.44 | SD July 14, 2025
    Event: Bad Event | Total: 3,406 | First: 2020-05-01 | Last: 2025-07-14
  • 117.88.102.87 | SD July 14, 2025
    Event: Bad Event | Total: 1,148 | First: 2024-09-27 | Last: 2025-07-14
  • 177.220.192.43 | SD July 14, 2025
    Event: Bad Event | Total: 3,669 | First: 2020-04-21 | Last: 2025-07-14
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1610 access attempts in the last 7 days.

pixel