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True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Mukul Mittal Vs Sr. Superintendent at RPO Delhi on 02 Feb 2026

Posted on October 27 by ShadesOfKnife

A single Judge of Delhi High Court held as follows,

From Para 38,

38. The passport shall be renewed for the period specified in the Orders dated 03.02.2025 in W.P.(C) 6612/2025. Since no specific period / terms of renewal have been mentioned in the order dated 05.12.2024 in W.P.(C) 1215/2025 and order dated 23.12.2024 in W.P (C) 3597/2025, the passport shall be renewed only for a period of one year, as contemplated in GSR 570 (E) read with notification dated 10.10.2019 and Office Memorandum dated 06.12.2024. However, it shall be open to the petitioner to move an application before the Trial Court seeking that the passport be renewed for a longer period. Any order that may be passed by the said Trial Court on such an application shall necessarily be binding on the passport authorities.

Mukul Mittal Vs Sr. Superintendent at RPO Delhi on 02 Feb 2026

Citations:

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Index of Passport related Judgments is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Mukul Mittal Vs Sr. Superintendent at RPO Delhi Passport Renewal for 10 Years Passports Act Sec 6(2)(f) - Refusal of passports and travel documents etc | Leave a comment

Rama Vs Sandeep Purkayastha and Anr on 01 May 2025

Posted on October 24 by ShadesOfKnife

A JMFC at West/THC/Delhi held as follows,

Matter is listed for arguments on interim relief application.

Ld. Counsel for petitioner undertakes to file the supporting documents with the income affidavit during course of the day with advance copy to opposite side.

As the petitioner has not supporting documents petition in compliance of judgement of “Rajnesh vs. Neha, Crl. No.730/2020”. In the said judgment, it is clearly mentioned that the calculation of arrears for the maintenance will start from the date of application and not from the date of order. The said direction is given considering the fact that a bonafide and diligent petitioner should not be made to suffer because of delay caused by the respondent. The same in no way favours a party who herself fails to make the compliance. The petitioner has not disclosed her income for the purpose of grant of interim maintenance with the petition. The filing of income affidavit alongwith the petition goes in consonance with the judgment of Hon’ble Supreme Court because if the respondent does not file his income affidavit in time he is anyway at disadvantage because arrears will be given from the date of compliance by the petitioner. The application, without the affidavit, cannot be considered an effective application within the scope of “Rajnesh vs. Neha (Supra) and if not merely a “bunch of paper”, it is definitely not sufficient to grant interim maintenance. For this reason, petitioner cannot be allowed to stack up arrears because of her default as no party can take advantage of their own wrong. Therefore, the date of filing of income affidavit of the petitioner gains importance for the purpose of calculating the arrears. As there is lapse on the part of petitioner in complying the said judgment, it is made clear that arrears for the purpose of interim maintenance shall start from the date of compliance i.e., filing of the income affidavit and not from the date of application seeking interim maintenance.

Let the supporting documents be filed during the course of the day.

Rama Vs Sandeep Purkayastha and Anr on 01 May 2025

Citations:

Other Sources:

Blog Single


Index of Maintenance Order under DV Act is here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 23 – Interim Maintenance From Date of Filing Income Affidavit Rama Vs Sandeep Purkayastha and Anr | Leave a comment

Mahima Vs Ved Prakash Patel on 27 May 2024

Posted on October 24 by ShadesOfKnife

A single judge at Indore bench of Madhya Pradesh High Court held as follows,

From Paras 12-13,

12. Considering the monthly income of the respondent, 25% of the same would be around Rs.7,400/-. But the trial without considering the ratio observed by the Apex Court in the case of Kulbhushan Kumar (Supra) has awarded lesser amount for maintenance. Therefore, interim maintenance awarded by the learned trial Court is to be enhanced.
13. On perusal of the record, it appears that the petitioner had filed maintenance application in the month of November, 2021 and had filed affidavit on 25.04.2023 hence, the learned trial Court has awarded maintenance since 25.04.2023 which appears to be just and proper.

Mahima Vs Ved Prakash Patel on 27 May 2024

Citations:

Other Sources:

 


Index of Maintenance Judgments u/s 144 BNSS is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Interim Maintenance From Date of Filing Income Affidavit Mahima Vs Ved Prakash Patel | Leave a comment

Rakesh Sharma Vs Manju Devi and Ors on 12 May 2026

Posted on October 24 by ShadesOfKnife

A single judge at Jodhpur bench of Rajasthan High Court held as follows,

From Paras 9 and 10,

9. The courts cannot remain oblivious to the practical realities of life. An ordinary salaried employee cannot reasonably be expected to suddenly discharge arrears accumulated for 10 or 11 years at the rate of Rs.20,000/- per month. Such directions, instead of securing justice, may push the person liable to pay into financial ruin and perpetual indebtedness. This Court is further constrained to observe that if proceedings of maintenance remain pending for a decade and thereafter retrospective maintenance is awarded from the date of application, the very essence of “maintenance” stands diluted. The purpose of maintenance is to provide immediate support to avoid starvation and destitution. If the claimant has managed to sustain herself, survive and pursue litigation for all these years, then grant of huge retrospective arrears after lapse of a decade cannot be said to advance the object of immediate sustenance. Rather, it assumes the character of a monetary decree or financial compensation, which is beyond
the true scope of maintenance jurisprudence.
9.1 The delay in disposal of maintenance proceedings by the judicial system cannot become a tool for imposing crushing retrospective liabilities upon either party. Courts are expected to adopt a realistic, pragmatic and equitable approach while determining the commencement of maintenance. In the facts of the present case, this Court is of the considered view that the ends of justice would be adequately met if maintenance is directed to be paid from the date of the order instead of from the date of filing of the application. Such an approach would balance the rights of respondent No.1 to receive financial support with the financial capacity and practical limitations of the petitioner and would also preserve the true spirit and object underlying the law relating to maintenance.
10. This Court is of the considered opinion that the underlying rationale behind the aforesaid principle is to obviate the grave financial hardship which may be caused on account of imposition of huge retrospective maintenance liabilities accumulated during the prolonged pendency of maintenance proceedings. Such delayed adjudication often results in serious adverse consequences, inasmuch as the person concerned is suddenly burdened with discharge of substantial lump-sum arrears after several years, apart from the continuing obligation of monthly maintenance. The very object of maintenance jurisdiction is to provide immediate succour and to save the claimant from destitution and starvation. Maintenance proceedings, therefore, ought not to be permitted to linger indefinitely. In cases where such delay occurs, the responsibility cannot always be attributed solely to the parties and the systemic delay in adjudication also cannot be ignored. Consequently, directing payment of maintenance from the date of application, after inordinate delay in conclusion of proceedings, may in certain cases operate harshly and result in an excessively onerous financial burden, particularly upon a salaried person or a person having limited means, who is required to simultaneously clear accumulated arrears as well as continue making monthly payments.

Rakesh Sharma Vs Manju Devi and Ors on 12 May 2026

Citations:

Other Sources:

 


Index of Maintenance Judgments under DV Act is here.

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 23 - Interim Maintenance From Date of Order Rakesh Sharma Vs Manju Devi and Ors | Leave a comment

Brijesh Rajkumar Suri Vs Navita Brijesh Suri on 16 Sep 2026

Posted on October 20 by ShadesOfKnife

A division bench of Delhi High Court held as follows,

From Paras 22-24,

22. However, at this stage, it is imperative to note that the learned counsel for the appellant has also challenged the impugned order insofar as the monthly maintenance of Rs. 5,000/- per month has been awarded to the respondent from the date of filing of her application, i.e., from 08.01.2021. The challenge is on the ground that the respondent herself has admitted that she was employed as a sales helper in Bata showroom till June 2024 and thus, the finding of the learned Family Court in awarding maintenance w.e.f. 08.01.2021 is erroneous and liable to be set aside.
23. This Court finds merit in the aforesaid contention. Apart from the petition filed under Section 25 of the Guardian and Wards Act, 1860 on 08.01.2021 by the respondent/wife, wherein, she had stated that she is financially independent and thus capable of securing a future for her daughter, even as per the respondent’s affidavit dated 05.11.2024 filed before the learned Family Court, she stated that while she was employed as a sales helper in a Bata showroom on Saturdays and Sundays for an income of Rs. 7,000/- per month, she was ousted from her job in June 2024, as the owner of the showroom did not require extra staff. Hence, admittedly, at the time of filing of the maintenance application in 2021, the respondent was employed and earning.
24. Keeping in view the respondent’s employment from the period of March 2020 till June 2024, it is held that she is not entitled to the interim maintenance with effect from the date of filing of her application, i.e., 08.01.2021 up till June 2024 as granted by the learned Family Court.

Brijesh Rajkumar Suri Vs Navita Brijesh Suri on 16 Sep 2026

Citations:

Other Sources:

 


Highlights:

HMA Divorce filed in 2021 and Interim Order (HMA24) passed by Family Court in Nov 2024.
Mat.Appeal filed in High Court in 2024 and partly allowed in Sep 2026.


Index

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Brijesh Rajkumar Suri Vs Navita Brijesh Suri HM Act Sec 24 - Interim Maintenance Reduced | Leave a comment

G.Abdul Rafi Vs State of AP and Anr on 12 Aug 2026

Posted on October 18 by ShadesOfKnife

A single judge of AP High Court held that, When the charges under Sections 3 and 4 of the Dowry Prohibition Act have not been proved,it cannot be said that the allegation of torture can stand independently without the allegation of demand of dowry. Conviction u/s 498A IPC was set aside.

From Para 7.6

7.6 On a plain reading of the entire complaint/FIR, it appears that the allegation of torture was made against both A.1 and A.2 only for the demand of additional dowry. When the charges under Sections 3 and 4 of the Dowry Prohibition Act have not been proved, as observed by learned Appellate Court, it cannot be said that the allegation of torture can stand independently without the allegation of demand of dowry. That is to say, when there is an allegation of torture upon a married woman by her husband and relatives on account of a demand for additional dowry, after conclusion of the trial, if it appears that the demand for dowry has not been proved, the allegation of torture itself cannot stand independently.

and from Para 7.9 and 7.10,

7.9 Considering the entire aspect of the matter, I am of the view that in a criminal case, when there is a clear allegation of torture upon a married woman on account of a demand for additional dowry, and after trial it has been disproved that there were no demand for additional dowry, the sole allegation of torture, as alleged to have been meted out by the husband and his relatives, cannot stand alone; moreover, delay in lodging FIR was not explained by prosecution in this case.
7.10 Under the above observation, in my view, the conviction of A.1 under Section 498-A of IPC, solely on the basis of the allegation of torture without any demand for additional dowry, cannot be maintainable.

G.Abdul Rafi Vs State of AP and Anr on 12 Aug 2026

Citations:

Other Sources:

 


Highlights:

Conviction in 2008.
Appeal disposed in 2009.
Criminal Revision in 2026.

One more fake case. Quashed by APHC.
Shield Turned into Weapon.


Index of Quash Judgments is here.

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Abuse Or Misuse of Process of Court G.Abdul Rafi Vs State of AP and Anr IPC 498a - Not Made Out Legal Terrorism | Leave a comment

Sunanda and Anr Vs Bharat Naik on 31 Jan 2011

Posted on October 14 by ShadesOfKnife

A single judge of Karnataka High Court at Kalaburgi bench held as follows,

From Para 5,

5. I have perused the original records obtained from the Family Court. The order sheet dated 7.7.2005 reveals that on the said date of hearing 1st petitioner filed her affidavit in lieu other examination-in-chief and the Family Court received the same. It further reveals that the respondent was not present and his counsel was also absent on that day and that the distress warrant issued against the respondent for enforcing the interim order of maintenance was not received. Thus it is clear that the affidavit of the 1st petitioner as her examination-in-chief was received in the absence of the respondent and his counsel.

From Paras 8-10,

8. Further, Section 126(2) of Cr. P.C provides that all evidence to proceedings under Chapter IX of Cr. P.C shall be taken in the presence of the person against whom an order of payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases. Further proviso to sub-Section (2) of Section 126 Cr. P.C provides that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte.

9. As observed by me supra, on 7.7.2005 on which date the 1st petitioner filed her affidavit in lieu of her examination-in-chief, the respondent and his Counsel were not present. The order sheet does not reveal further that on that date of hearing, personal attendance of the respondent was dispensed with or that the Family Court was satisfied that the respondent, against whom an order of payment of maintenance was proposed to be made, was willfully avoiding service or willfully neglecting to attend the Court. Therefore, recording of the evidence for the petitioners by receiving the affidavit of the 1st petitioner therein in lieu of her examination-in-chief, in the absence of the respondent and his Counsel, is in violative of the mandatory provisions of Section 126(2) of Cr. PC and proviso to it.

10. Besides the above, the very filing of the affidavit in lieu of examination-in-chief of either the petitioner or the respondent, in a maintenance proceeding is also violative of provisions of Section 126(2) of Cr. PC inasmuch as, the said provision provides that the evidence shall be recorded in the manner prescribed for summons-cases. The receiving of affidavit in lieu of examination-in-chief of a witness is not prescribed under any of the provisions of Cr. P.C providing for recording of the evidence in summons-cases.

Sunanda Vs Bharat Naik on 31 Jan 2011

Citations:

Other Sources:

 


Index of Maintenance Cases here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 126 - Evidence Via Affidavit Not Allowed Sunanda Vs Bharat Naik | Leave a comment

Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020

Posted on October 13 by ShadesOfKnife

A single judge of AP High Court held as follows,

A careful reading of the above Section 126(2) CrPC makes it manifest that all evidence relating to the proceedings under Section 125 Cr.P.C. shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons- cases. Chapter-XX of the Cr.P.C. deals with trial of summons cases by Magistrates. It contains Sections 251 to 259 Cr.P.C. Section 254 thereof contemplates that the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
Therefore, a combined reading of Section 126(2) Cr.P.C. and Section 254 Cr.P.C. makes it absolutely clear that the evidence has to be taken up by the Court in such proceedings in the presence of the opposite party or when his presence is dispensed with in the presence of his pleader and recording evidence in the form of taking evidence affidavit is not contemplated and it is not permissible under law.

It is significant to note that clause (2) of Section 10 of the Family Courts Act, 1984, clearly mandates that the procedure contemplated under Cr.P.C. or the Rules made thereunder shall apply to the proceedings under Chapter IX of Cr.P.C. even before a Family Court. Therefore, even the Family Courts Act, 1984 also mandates that the procedure contemplated under Section 126(2) Cr.P.C. which is part of Chapter IX of Cr.P.C. in recording the evidence shall be followed when the proceedings under Section 125 Cr.P.C. are initiated before the Family Court.

Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr on 24 Apr 2020

Citations:

Other Sources:

 


Index of Maintenance Cases here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 126 - Evidence Via Affidavit Not Allowed Veerisetty Ramesh Babu Vs Veerisetty Ramadevi and Anr | Leave a comment

Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026

Posted on October 13 by ShadesOfKnife

A single judge of AP High Court held as follows,

In paras 8 and 9,

8. The first limb of the challenge relates to the manner in which evidence was received by the Trial Court. The answer to this issue must necessarily be gathered from the language employed in Section 126(2) Cr.P.C(Section 145 (2) of BNSS). The provision stipulates that “all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader.” The legislature has consciously employed the expression “shall”, thereby making the requirement mandatory in nature. The provision does not contemplate evidence being tendered by way of affidavits nor does it contain any enabling provision authorising the Court to substitute oral chief-examination with evidence affidavit.
9. The statutory mandate becomes more evident when Section 126(2) (Section 145 (2) of BNSS) is read harmoniously with Section 254 Cr.P.C(Section 277 of BNSS)., which prescribes the procedure for recording evidence in summons cases. Chapter IX of the Code envisages that evidence is to be adduced before the Court and recorded in the presence of the opposite party. Therefore, the procedure contemplated under Order XVIII Rule 4 CPC, which permits examination-in-chief by way of affidavit, cannot be imported into proceedings under Section 125 Cr.P.C(Section 144 of BNSS) in the absence of an express statutory provision.

Karnam Upendra Vs K Parameswari and Anr on 24 Mar 2026

Citations:

Other Sources:

 


Index of Maintenance Cases here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 126 - Evidence Via Affidavit Not Allowed Karnam Upendra Vs K Parameswari and Anr | Leave a comment

Nalla Balu @ Durgam Shashidhar Goud Vs State of Telangana and Anr on 10 Sep 2025

Posted on September 22 by ShadesOfKnife

A single judge of Telangana High Court issued following guidelines,

i. Verification of locus standi: Before registering any FIR for alleged defamation or similar offences, the police must verify whether the complainant qualifies as the “person aggrieved” in terms of law. Complaints by unrelated third parties lacking standing are not maintainable, except where the report concerns a cognizable offence.
ii. Preliminary inquiry in cognizable offences: Where a representation/complaint discloses a cognizable offence, the police shall, prior to registration of crime, conduct a preliminary inquiry to ascertain whether the statutory ingredients of the alleged offence are, prima facie, made out.

iii. High threshold for media post/speech-related offences: No case alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition shall be registered unless there exists prima facie material disclosing incitement to violence, hatred, or public disorder. This threshold must be applied in line with the principles laid down in Kedar Nath Singh v. State of Bihar, 1962 Supp (2) SCR 769, and Shreya Singhal v. Union of India, (2015) 5 SCC 1.

iv. Protection of political speech/post: The police shall not mechanically register cases concerning harsh, offensive, or critical political speech. Only when the speech amounts to incitement to violence or poses an imminent threat to public order may criminal law be invoked. Constitutional protections for free political criticism under Article 19(1)(a) of the Constitution must be scrupulously enforced.

v. Defamation as a non-cognizable offence: Since defamation is classified as a non-cognizable offence, the police cannot directly register an FIR or crime in such matters. The complainant must be directed to approach the jurisdictional Magistrate. Police action may follow only upon a specific order of the Magistrate under Section 174(2) of the BNSS.

24 NTR,J CRLPs_4905, 4903 & 8416_2025 vi. Compliance with arrest guidelines: In all cases, the police shall strictly comply with the principles laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed. vii. Prior legal scrutiny in sensitive cases: In matters involving political speech/post or other sensitive forms of expression, the police shall obtain prior legal opinion from the Public Prosecutor before registering an FIR, to ensure that the proposed action is legally sustainable.

viii. Frivolous or motivated complaints: Where a complaint is found to be frivolous, vexatious, or politically motivated, the police shall close the matter under Section 176(1) of the BNSS, citing absence of sufficient grounds for investigation.

Nalla Balu @ Durgam Shashidhar Goud Vs State of Telangana and Anr on 10 Sep 2025

Citations:

Other Sources:

https://indiankanoon.org/doc/25907023/


Supreme Court decision:

State of Telangana Vs Nalla Balu @ Durgam Shashidhar Goud and Ors on 02 Feb 2026

Sources:

https://indiankanoon.org/doc/175822160/


Index

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court cogni CrPC 482 – FIR Quashed Issued or Recommended Guidelines or Directions or Protocols to be followed Misuse of Police Powers Nalla Balu @ Durgam Shashidhar Goud Vs State of Telangana and Anr | Leave a comment

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