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Shades of Knife

True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Madras High Court held as follows,

From Paras 4 and 5,

4. The complaint has been filed under the provisions of the Protection of Women from Domestic Violence Act, 2005. The learned counsel appearing for the petitioners draws my attention to Section 12(5) of the Act which states that the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.

5. In this case, the complaint was filed way back in the year 2019. Keeping the petition pending for more than two years is not an acceptable state of affairs. The learned trial Magistrate is directed to dispose of D.V.C.No.11 of 2019 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021

Other Sources:

 


Connects to a PIL here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Suyalaly and Anr Vs Alphin Jeyasingh and Ors | Leave a comment

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Patna High Court held as follows,

In my previous order dated 10.04.2019 while calling for a report from the learned Sub-Divisional Judicial Magistrate, Katihar as to why any effective order has not been passed till date despite hearing the case on behalf of the parties on several dates, I had already indicated that the Protection of Women fromDomestic Violence Act, 2005 (for short ‘the Act’) has been enacted by the Parliament to provide more effective protection of the rights of women guaranteed under the Constitution.
Section 12(5) of the Act provides that the Magistrate shall endeavour to dispose of every application made under subsection (1) within a period of sixty days from the date of its firsthearing. Under the circumstances, keeping the matter pending for over two years is wholly unjustified.
In that view of the matter, I direct the learned Sub-Divisional Judicial Magistrate, Katihar to dispose of the complaint in accordance with law as early as possible preferably within six weeks from the date of receipt/production of a copy of the order.

Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019

Other Sources:

https://indiankanoon.org/doc/82362334/


Connects to a PIL here.

Posted in High Court of Patna Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Tillottama Kumari Vs State of Bihar and Ors | Leave a comment

Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Bombay High Court held as follows,

From Para 5, (some one tried hard to help the knife just so that she can reap the benefit of interim reliefs!)

5. Section 12(5) of the D.V. Act casts the obligation on the Magistrate to make every endevour to dispose of the application within a period of 60 days from the date of first hearing. The record itself speaks that in disregard to the statutory mandate, the Magistrate has adjourned the Matter for no reason. It is informed that the Magistrate has already passed the order of interim maintenance which is prevailing till date. It is submitted that the non-applicant/wife without prosecuting her main petition, is interested in deriving benefits of interim order.

From Para 6, why not?

6. Though it is prayed that the D.V. proceeding be dismissed for want of prosecution, however, the same course is not advisable. As on date, the non-applicant/ wife’s amendment application is on record which is to be responded. At this stage, only requirement is to issue certain directions to the Magistrate to expedite the proceeding. Certainly such direction would be in the interest of non-applicant/wife. The applicant/husband undertakes to file his reply to amendment application on the next date i.e. on 12.07.2022 itself.

From Para 7,

7. In view of above, learned Magistrate is directed to hear and decide the amendment application within one week from filing of reply and the non-applicant/wife shall file evidence-affidavit within one week thereafter. The Magistrate shall not grant adjournment to either of the parties barring exceptional situation. In any case, the Magistrate shall dispose of the D. V. Proceeding within three months from the date of filing of wife’s evidence-affidavit.

Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022

Other Sources:

https://indiankanoon.org/doc/105650848/


Connects to a PIL here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Mrugesh Wasnik Vs Shweta Mrugesh PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Telangana High Court held as follows (while dismissing the petition),

From Para 6,

6. Therefore, this Court is not inclined to interfere with the impugned order. However, considering the fact that the DVC is of the year, 2018, learned IV Additional Junior Civil Judge-Cum-XII Additional Metropolitan Magistrate, Kukatpally, Cyberabad is directed to dispose of DVC.No.4 of 2018 in accordance with law, as expeditiously as possible preferably within 60 days from the date of receipt of a copy of this order.

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Other Sources:

https://indiankanoon.org/doc/102447017/


Connects to a PIL here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Vani Santhosh Babu Vs Vijaya Laxmi Vani | Leave a comment

Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Rajasthan High Court held as follows,

On perusal of the certified copy of the order-sheets, it appears that the application under Section 12 of the Act was filed way-back on 08.09.2016. Counsel appeared on behalf of respondents No.1 & 4 on 05.12.2016 and the matter is still pending before the Court of Addl. Chief Judicial Magistrate No.1, Neem Ka Thana, Sikar whereas as per provisions of Section 12(5) of the Act mandates that the Magistrate shall endeavour to dispose of every application made under sub-section 12(1) within a period of sixty days from the date of its first hearing. In the present case, five months have been passed, but no effective proceedings have taken place in the present matter. It appears to be an abuse of process of law, looking to the way in which proceedings are taking place in the court concerned.
In view of above, direction is issued to the Court of Addl. Chief Judicial Magistrate No.1, Neem Ka Thana, Sikar to make every endeavour to conclude the proceedings within two months from the date of receipt of certified copy of this order.

Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018

Other Sources:

https://indiankanoon.org/doc/92995617/


Connects to a PIL here.

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court PWDV Act Sec 12(5) - Dispose In 60 Days Sushila Devi Vs Vikas Kumar Singhal And Ors | Leave a comment

Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Punjab and Haryana High Court held as follows,

The petitioners are permitted to be represented through a counsel and are not required to be personally present on each and every date of hearing unless until a special order is passed, warranting the appearance of the petitioners ( respondents in the complaint before the Magistrate). Relegating the petitioners to avail the alternative remedy, this petition is held to be not maintainable.
Disposed of with liberty to the petitioners to raise all the pleas before the court of competent jurisdiction. It is expected that the said court will expeditiously dispose of the matter taking into consideration the provisions of Section 12(5) of the Act.

Mewa Singh and others Vs Sukhjeet Kaur on 29 Apr 2013

Other Sources:

https://indiankanoon.org/doc/197445836/


Connects to a PIL here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Mewa Singh and others Vs Sukhjeet Kaur PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

B.Parvathi Vs State of AP on 7 May, 2020

Posted on September 6, 2022 by ShadesOfKnife

A reasoned judgment on maintainability of IPC 494 upon the Accused No.2 and the merits of discharge petition filed before Trial Court u/s 227 CrPC. It relies on AP State Amendment of 1992. But unfortunately, this judgment is Partly perverse as it goes against A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011 hence NOT to be relied up on.]

In Page 35,

Earlier the offence punishable under Section 494 IPC is a non-cognizable offence. The Legislative Assembly of the State of Andhra Pradesh by way of Andhra Pradesh Second Amendment Act 3 of 1992, amended the first schedule to Central Act 2 of 1974 i.e. the Code of Criminal Procedure, 1973 and made the offence under Section 494 IPC a ‘cognizable’ offence and a ‘non-bailable’ offence. The said Andhra Pradesh Second Amendment Act 3 of 1992 was reserved by the Governor of Andhra Pradesh on the 21.10.1991 for consideration and assent of the President. The Presidential assent was received on 10.02.1992 and the amendment was published on 15.02.1992 in the Andhra Pradesh Gazette Part IV-B (Ext.). Therefore, with effect from 15.02.1992 undoubtedly the offences punishable under Sections 494 and 495 IPC are cognizable offences in the State of Andhra Pradesh. So, the police officer can now register the case under Section 154 Cr.P.C. and can investigate the same under Section 156 Cr.P.C. The bar engrafted under Section 198(1) Cr.P.C. to take cognizance of the case under Section 494 IPC is on the Court and not on the police. So, in view of the fact that it is a cognizable offence, police can register the case on a report lodged with them to that effect and also investigate the case and file final report under Section 173(2) Cr.P.C. Now, the crucial question that arises for consideration is, whether Court can take cognizance of the case on such police report/ charge-sheet filed by the police or not in view of the express bar engrafted under Section 198(1) Cr.P.C. on the Court to take cognizance of the case except upon a complaint filed by the aggrieved party before it.

Perverse portion of the judgment, that goes against A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011

So, only when an allegation relating to the offence under Section 494 IPC is made by the aggrieved person to the Magistrate, then only the Court can take cognizance of the case. Certainly the Court cannot take cognizance of the case for the offence punishable under Section 494 IPC on a police report/charge-sheet filed by the police. Even though offence under Section 494 IPC is made “cognizable” offence as per amendment Act 3 of 1992, there is no corresponding amendment made to Section 198 Cr.P.C. Therefore, the bar under Section 198 Cr.P.C. still subsists. The legal position in this regard is not res nova and it has been clearly well settled.

B.Parvathi Vs State of AP on 7 May, 2020

Citations:

Other Sources:

https://indiankanoon.org/doc/194056755/


Index to Bigamy Judgments under Sections 494 and 495 of IPC is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act 1992 CrPC 227 - Discharged CrPC 227 - Exercise of Judicial Mind IPC 494 - Marrying again during life-time of husband or wife IPC 494 Compoundable Offence in Andhra Pradesh Perverse Order/Judgment | Leave a comment

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted as follows:

From Paras 3 and 4,

3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.
4. Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.
(2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.
(3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)-
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;
(b) shall be in writing;
(c) shall contain:-
(i) a brief description of each present;
(ii) the approximate value of the present;
(iii) the name of the person who has given the present; and
(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship.
(d) shall be signed by both the bride and the bridegroom.

5. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. It is only because the Courts are not insisting upon compliance with the relevant provisions of law while entertaining such complaints and action is taken merely on the statement of the complainant, without any verification that a large number of false complaints are pouring in.

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Justice Shiv Narayan Dhingra Misuse of Women-Centric Laws Neera Singh Vs State (Govt of NCT of Delhi) and Ors PIL - Dowry Givers should be Prosecuted | Leave a comment

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007

Posted on August 11, 2022 by ShadesOfKnife

Justice Shiv Narayan Dhingra ji highlighted the misuse of 498A IPC by some unscrupulous women.

From Para 7,

7. Now-a-days, it has become a tendency to make vague and omnibus allegations against every member of the family of the husband, involving everybody under Section 498A and 406 of the IPC by making one or the other allegations. Hence, it has become very necessary for the Courts to carefully scrutinize the allegations and to find out if the allegations made really constitute the offence and meet the requirements of law at least prima facie. The learned ASJ scrutinized the entire FIR and the statement of complainant and thereafter observed that no case was made out against these two minor girls. I have also gone through the record and find that except above allegations made by the complainant, no other role was assigned to these two minor girls (respondents).

Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Justice Shiv Narayan Dhingra Misuse of Section 498A of IPC Neera Singh Vs State (Govt of NCT of Delhi) and Ors | Leave a comment

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Posted on August 10, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

4. When there is a specific direction from this Court to dispose of the matter time bound, it is not known how the case is still pending. However, considering the request of the petitioner, the criminal petition is disposed of with the following directions:-
1) The Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to take up the case in D.V.C.No.61 of 2019 on day-to-day basis and to dispose of the same within a period of one month from the date of receipt of a copy of this order.
2) In case, the case is not disposed of within one month, the Court of X Additional Metropolitan Magistrate, Kukatpally, is directed to submit a report to the Registrar (Judicial) narrating the reasons as to why the case could not be disposed of.
3) The above direction is issued not only basing on the merits of the case, but also as Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, clearly mandates that the case has to be disposed of within a period of sixty (60) days from the date of its first hearing.

Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022

Connects to a PIL here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Naresh Kumar Yalla Vs State of Telangana PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

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  • 35.224.139.5 | SD July 16, 2026
    Event: Bad Event | Total: 6 | First: 2026-07-16 | Last: 2026-07-16
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