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True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Posted on April 13, 2021 by ShadesOfKnife

Taking input from Kerala HC judgment here, Gujarat High Court held that, any agreement which has terms against to Public Policy, is void and not enforceable in law. Such agreements which prohibit right of maintenance are also void.

From Para 9,

9 In any case, all such issues are now well settled by few decisions of different Courts

[1] Rajesh R Nair v. Meera Babu reported in 2013 Cri. L.J. 3153, wherein Division Bench of Kerala High Court has held that waiver of right to maintenance by an agreement is not permissible because such agreement would be void agreement as against public policy. It would amount to ousting of jurisdiction of Magistrate and Family Court to entertain maintenance claim which cannot be permitted by law. Therefore, such agreement being void would be unenforceable and hence claim for maintenance cannot be rejected on the basis of such agreement of waiver of right to maintenance.
[2] In Rishikesh Singh alias T.R. Singh v. Kiran Gautam reported in 2015 Cri.L.J. 126, Chhattisgarh High Court has confirmed that decree of divorce obtained by mutual consent would be no ground to deny maintenance until wife has not remarried after divorce. It is further held that even if wife is junior advocate, it cannot be held that she is able to maintain herself and, therefore, she would be entitled for the maintenance.
[3] Smt. Vanamala v. H.M. Ranganatha Bhatta reported in [1995] 5 SCC 299, wherein the Hon’ble Supreme Court has also taken the same view that wife, who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125[4] and thereby restored the order of the Sessions Court, which has concluded that wife was entitled to maintenance notwithstanding divorce by mutual consent and remanded the matter to the trial Court for determining quantum of maintenance. Thereby, the Hon’ble Supreme Court has set aside the order of the High Court which held that wife is not entitled to maintenance once she has divorced her marriage by mutual consent. It would be appropriate to recollect here that for coming to such conclusion, the Hon’ble Supreme Court has relied upon as many as three other decisions of different High Courts, which are quoted in such reported case and approved by the Hon’ble Supreme Court. Therefore, as on date, there are at least as many as five judgments including judgment of the Hon’ble Supreme Court, which confirm that a wife who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125 [4] of the Cr. P.C.

Varshaben Himantlal Vejani Vs State of Gujarat on 15 Jul 2016

Citations : [2016 SCC ONLINE GUJ 9136], [2017 AIC 172 524]

Other Sources:

https://mynation.net/docs/1095-2011/

https://www.casemine.com/judgement/in/5ac5e33e4a93261a1a744803

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Against Public Policy Catena of Landmark Judgments Referred/Cited to CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Reportable Judgement or Order Varshaben Himantlal Vejani Vs State of Gujarat | Leave a comment

Chegireddy Venkata Reddy Vs Government of Andhra Pradesh on 30 Jul 2020

Posted on April 5, 2021 by ShadesOfKnife

Long story short, AP HC says, if the Police do not register an FIR if information about a cognizable offence is reported, the remedies are as follows:

The remedies are under Section 154(3), 156(3) and Section 190 r/w.Sec.200 of Cr.P.C.

Chegireddy Venkata Reddy Vs Government of Andhra Pradesh on 30 Jul 2020

Citations :

Other Sources :


A 2-page judgment here which cites this judgment can also be used for same purpose. Saves 24 pages !!!

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 226 of The Constitution of India - Exhaust the other remedies at Lower Courts Catena of Landmark Judgments Referred/Cited to Chegireddy Venkata Reddy Vs Government of Andhra Pradesh Lalita Kumari Vs Govt.Of U.P. and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021

Posted on April 5, 2021 by ShadesOfKnife

Single-judge bench of AP HC held that, one cannot directly approach the High Court u/Article 226 of Constitution of India, if the Police do not register an FIR if information about a cognizable offence is reported relying on the case law from AP HC here.

The remedies are under Section 154(3), 156(3) and Section 190 r/w.Sec.200 of Cr.P.C.

Lingam Seetharammayya and Ors Vs State of AP and Ors on 16 Mar 2021
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 226 of The Constitution of India - Exhaust the other remedies at Lower Courts Chegireddy Venkata Reddy Vs Government of Andhra Pradesh CrPC 154 - Information in Cognizable Cases CrPC 156 - Police Officer's Power to Investigate Cognizable Case CrPC 190 - Cognizance of Offences by Magistrates CrPC 200 - Examination Of Complainant Lalita Kumari Vs Govt.Of U.P. and Ors Legal Procedure Explained - Interpretation of Statutes Lingam Seetharammayya and Ors Vs State of AP and Ors | Leave a comment

Masood Khan Vs. Millie Hazarika on 04 Mar 2021

Posted on April 3, 2021 by ShadesOfKnife

Disagreeing with a catena of judgements here, here, here, here, Single-bench of High Court of Meghalaya relied upon this landmark decision from Supreme Court here and held that a false DV case can be quashed u/s 482 CrPC.

From Paras 33, 34 and 33,

33. The argument of the learned counsel for the Respondent No. 2 in the opinion of this Court are valid as regard the nature and relief contemplated under the DV Act 2005, particularly those seen in Sections 18 to 22 which are civil in nature and can be sought for before any civil court, family court or a criminal court as provided under Section 26 of the said DV Act. However, the learned counsel has failed to notice that in Section 26 of the DV Act, the aggrieved person apart from a civil court or a family court, can seek the reliefs stated above even from a criminal court and in doing so, the aggrieved person would subject herself to the jurisdiction of a criminal court following the procedure of the Criminal Procedure Code.

34. In fact, Section 28 of the DV Act 2005 specifically provides that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as Section 31 shall be governed by the provisions of the Code of Criminal Procedure, though liberty was also given to the court to lay down its own procedure.

35. The applicability of the said provision of Section 28 of the said DV Act in criminal proceedings was emphasized by the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra) at paragraphs 138 and 139 where it has restated that the procedure to be followed shall be under the Code of Criminal Procedure.

From Paras 38, 39

38. It is also a fact that Section 482 Cr.P.C provides for inherent power on the High Court to make such order as may be necessary to give effect to any order under the Code and as stated above, proceedings under the DV Act being governed by the procedure under the Cr.P.C, therefore the logical conclusion would be that an application under Section 482 is maintainable qua order passed under Sections 12, 18, 19, 20, 21, 22 and 23 of the DV Act.
39. With due respect, the decisions of the Hon’ble Kerala High Court and the Madras High Court cited above and relied upon by the learned Counsel for the Respondent No 2, as far as the procedural aspects under the DV Act is concerned, would not stand the test in the light of the decision of the Hon’ble Supreme Court in the case of Satish Chander Ahuja (supra).

Masood Khan Vs. Millie Hazarika on 04 Mar 2021
Posted in High Court of Meghalaya Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Maintainability Masood Khan Vs. Millie Hazarika | Leave a comment

A. Subash Babu Vs State of A.P. and Anr on 26 Feb 2010

Posted on March 16, 2021 by ShadesOfKnife

AP High Court only quashed 498A IPC but not 494 IPC.

A. Subash Babu Vs State of A.P. and Anr on 26 Feb 2010

Citation : [2010 ALT CRI 2 56], [2010 CRI LJ 2523], [2010 SCC ONLINE AP 148], [2010 ALD CRI 1 562]

Other Sources :

https://www.casemine.com/judgement/in/56b48d37607dba348fff1e09

https://www.legitquest.com/case/a-subash-babu-v-state-of-ap-rep-by-public-prosecutor-another/13654


This judgment was set aside by Supreme Court here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision A.Subash Babu Vs State of A.P. and Anr CrPC 482 – IPC 498A Quashed Overruled Judgment | Leave a comment

Palla Shanthi Kiran Vs State of A.P. and Ors on 17 Jun 2020

Posted on March 14, 2021 by ShadesOfKnife

Relying on Chanmuniya case, Single-judge bench of AP High Court held that, in case of nullity of marriage under Section 11 or 12 of HMA, 125 CrPC cannot be invoked by knife.

Palla Shanthi Kiran Vs State of A.P. and Ors on 17 Jun 2020

Citations : [2020 ALT CRI 2 227], [2020 ALT 4 329]

Other Sources:

https://www.casemine.com/judgement/in/5f4398cd4653d009c1ff7665

https://www.legitquest.com/case/palla-shanthi-kiran-v-the-state-of-ap-and-ors/1C400E


The Lower Family Court dismissal order is here:

Palla Shanthi Kiran Vs Gadde Dileep on 29 Apr 2019
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Maintenance denied in a Null and Void ab Initio Marriage Palla Shanthi Kiran Vs State of A.P. and Ors Reportable Judgement or Order | Leave a comment

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021

Posted on March 11, 2021 by ShadesOfKnife

Anticipatory Bail was denied to the alleged corrupt Judicial officer by the single-judge bench of Bombay High Court

Archana Deepak Jatkar Vs State of Maharashtra on 03 Mar 2021
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Archana Deepak Jatkar Vs State of Maharashtra Corrupt Practices CrPC Sec 438 - Anticipatory Bail Denied Judiciary Antics Prevention of Corruption Act Sec 12 Prevention of Corruption Act Sec 7 | Leave a comment

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016

Posted on March 11, 2021 by ShadesOfKnife

Single Judge bench of Manipur High Court held as follows:

From Para 4,

[4] Although it is nowhere mentioned in the application that the same has been filed under the provisions of CPC, it is the provisions of Order 3 Rule 4(2) of CPC which provide that appointment of an Advocate shall be filed in the court and shall be deemed to be in force until determined with the leave of the court by a writing signed by the client or the Advocate as the case may be. An Advocate does not only represent his client but he is also an officer of the court. In any matter in which he is engaged, he has to assist the court till his vakalatnama is determined in accordance with law.

From Para 6,

The normal conduct of a client is that if he wishes to change his counsel for some reason or the other, he should approach him for return of the brief and to obtain “No Objection” from him. In case his counsel returns the brief, it is well and good and if he refuses to return the brief or refuses to give “No Objection”, the client may invoke the provisions of Order 3 Rule 4 of the CPC to redress his grievances. However, in the present case, the applicants have failed to that and without determining the appointment of their earlier counsel, Shri Ng. Kumar, Advocate, they had moved an application for deleting their names from the array of parties in the writ petition through another Advocate which is unfair and unreasonable on the part of the applicants. The moment an Advocate is engaged, a client is expected to be fair and reasonable to him and ought to give proper instructions accordingly. But in any case and for whatever reasons, the applicants have expressed their view that they don’t want Shri Ng. Kumar, Advocate to continue as their counsel and that a new Advocate be engaged in his place and since the Hon’ble Supreme Court in the said R.D. Saxena’s Case (supra) has categorically observed that for whatever reason, if a client does not want to continue the engagement of a particular Advocate, it would be a professional requirement consistent with the dignity of the profession that he would return the brief to the client and it is time to hold that such obligation is not only a legal duty but a moral imperative, this court is of the view that this application is liable to be allowed. In view of the above observations of the Hon’ble Supreme Court, it is the duty of Shri Ng. Kumar, Advocate to give “No Objection” so that the applicants could engage a new Advocate of their choice. If Shri Ng. Kumar, Advocate is of the view that the action of the applicants being unfair and unreasonable, has caused prejudice to his professional right and privilege as a counsel, it is open to him to seek appropriate relief and redress his grievance from an appropriate forum.

Ashem Shyamkesho Singh Vs Thokchom Ranjan Meetei on 08 Jul 2016
Posted in High Court of Manipur Judgment or Order or Notification | Tagged 1-Judge Bench Decision Accused Have Right To Change Advocate Advocate Antics Bar Council of India Rules Part IV Chapter-II Rule 39 CPC Order 3 Rule 4 - Appointment of Pleader Legal Procedure Explained - Interpretation of Statutes R.D. Saxena Vs Balram Prasad Sharma | Leave a comment

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

Posted on January 27, 2021 by ShadesOfKnife

 

Satish Ragde Vs State of Maharashtra on 19 Jan 2021

The Supreme Court Proceedings are here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Non-Reportable Judgement or Order POCSO Act Sec 7 - Sexual Assault Satish Ragde Vs State of Maharashtra Work-In-Progress Article | Leave a comment

Government of Andhra Pradesh Vs AP State Election Commission on 11 Jan 2021

Posted on January 21, 2021 by ShadesOfKnife

State Government of AP went to a single bench Judge seeking stay on the Elections Schedule for Panchayats in Andhra Pradesh. They got favourable order Staying the election schedule, thereby impacting the Model Code of Conduct for political parties.

Government of Andhra Pradesh Vs AP State Election Commission on 11 Jan 2021

This was set aside by a Division bench of the High Court here.


As usual, State Government moved Supreme Court.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Government of Andhra Pradesh Vs AP State Election Commission Stay Granted | Leave a comment

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