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True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015

Posted on October 15, 2018 by ShadesOfKnife

In this judgment of Hon’ble High Court of Andhra Pradesh, it was held that “the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions” in the petitions contesting the maintainability of 482 CrPC quash in DV Cases.

See Page 5, last para…

Needless to say if any appeal is filed by any of the petitioners herein, they can file for the period beyond one month with application invoking Section 14 of the Limitation Act before the learned Sessions Judge to entertain as it is of bonafide prosecution in this Court instead of proceeding by appeal before the Court of Sessions, within the sweep of Section 14 of the Limitation Act. Further, if any application is filed under Rule 37 of Criminal Rules of Practice or under Section 126(2) or Section 205 to represent through special vakalat or through advocate or for one to represent others as the case may be, the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions.

Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015

Citations: [2015 SCC ONLINE HYD 293], [2016 CCC 1 49], [2015 ALD CRI 2 764]

Other Sources:

https://indiankanoon.org/doc/110893807/

https://www.casemine.com/judgement/in/5e53212e46571b56b1ea70aa

http://document.manupatra.com/ap/2001-2004/ap2015/AP20151408152002271.htm


The bulk of the Criminal Rules of Practice, 1990 is available here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Criminal Rules of Practice Rule 37 - One Accused May Be Permitted To Represent Other CrPC 126 - Procedure CrPC 205 – Magistrate may dispense with personal attendance of accused Gaddameedi Nagamani Vs The State Of Telangana Landmark Case Not Authentic copy hence to be replaced Party In Person Series The Criminal Rules of Practice and Circular Orders 1990 (High Court of A.P.) | Leave a comment

Reema Aggarwal Vs Anupam And Others on 14 November, 2013

Posted on July 21, 2018 by ShadesOfKnife

Hon’ble High Court of Punjab and Haryana dismissed the revision of knife against the acquittal judgment of husband and others from IPC 498A due to many reasons as listed out by the learned Sessions Judge.

Reasons for acquittal of Husband:

#1 admission made by petitioner Reema in her cross-examination that earlier she was married to Vipin Kumar, and their marriage had not been dissolved by the court of competent jurisdiction. It was, therefore, held that since marriage was not dissolved legally, therefore, her marriage with accused Anupam was void ab initio.

#2 in a case of second marriage, no demand for dowry is usually put forward. It was further observed that petitioner Reema in her statement had not given any particulars or the details of the demands made nor she deposed that any amount was ever given by her to any of the accused.

#3 Raj Mani, the father of the petitioner, made a statement that there was a demand of Rs. 2 lacs from her daughter Reema by the respondents and a sum of Rs. 5,000/- was given by him to his daughter on two occasions. However, the learned trial Court observed that these allegations were levelled for the first time when the said witness deposed before the Court and was duly confronted with earlier statement where no such allegations were made by the father, who stated so for the first time while stepping into the witness box. The said fact assumes significance because the statement of father of the petitioner was also recorded after seven months of the occurrence for which there is no explanation as to why statement was recorded at a belated stage.

#4 it is in the statement of Dr. Rajesh Kumar that Reema was taken to Tagore Hospital, Jalandhar by her husband and in-laws. It was observed that it is also a circumstance which should weigh in favour of the accused as normally, a criminal will not take the patient to hospital to keep victim alive if he had any intention to kill the victim.

#5 it has come in the testimony of Dr. Rajesh Kumar that petitioner herself had told the doctor that she has consumed the acid orally. Thus, the first statement, which was made to the doctor, the petitioner had admitted categorically that she had taken acid orally, which falsifies the entire prosecution story

#6 in the testimony of Dr. Vijay Mahan that if acid is administered forcibly, it is likely to cause some effect on other parts of the body. The Court observed that it is a matter of common knowledge that when a small child do not drink milk and if it is poured into his mouth from glass forcibly, in such circumstances, milk would always spill over other parts of body. However, there was no injury on the tongue or any part of mouth except swelling over the lips, which negates the story of forcible administration of poison

#7 the acid alleged to have been recovered was not sent to the Chemical Examiner for test nor was it produced before the Court. The stomach were not preserved and sent to the Chemical Examiner. Thus, taking into account the above facts, delay in the registration of case, inconsistencies and discrepancies in the statements of witnesses that the learned trial Court acquitted the respondents/accused

Reema Aggarwal vs Anupam And Others on 14 November, 2013

Earlier Supreme Court decision is here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397/401 - Revision Reema Aggarwal Vs Anupam And Others Revision Dismissed | Leave a comment

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Posted on June 25, 2018 by ShadesOfKnife

Hon’ble of Andhra Pradesh High Court has allowed permission for a GPA of a petitioner, to represent the petitioner and depose on his behalf in the court of law.

In view of the above clear cut pronouncement, it is evident that a GPA holder can depose and also lead evidence on behalf of his principal.
Learned Family Court Judge also appears to have entertained an apprehension as to whether the Family Court can entertain an application presented by a legal practitioner in view of the provision contained in Section 13 of the Family Courts Act, 1984.
From the very preamble of the Family Courts Act, 1984, one would gather that every endeavour is required to be made by the Family Court to assist the parties in arriving at a speedy settlement of disputes relating to the marriage and/or family affairs. That explains the reason Section 9 of the said Act provided for an appropriate legal environment for settlement of the disputes in an amicable manner. The parties are not only required to be assisted, but also required to be persuaded by the Judge in arriving at a settlement while keeping in view the importance of protecting and preserving the institution of the marriage between the parties. To the extent possible, the Family Court is required to utilize its skills and wisdom gained over long period of time by careful study of the ills of the society and then finding suitable cure for them and hence, the Family court must try to bring about a reconciliation of the disagreements persisting between the parties. However, when two parties to a marriage come before a Family Court and ask for dissolution of their marriage by mutual consent under Section 13-B of Hindu Marriage Act, 1955, the Court is required to adjourn the motion moved by both parties by a period not earlier than six months, as per sub Section 2 of Section 13-B of the Hindu Marriage Act. Further, Sub Section 2 requires that the Court shall, on being satisfied, after hearing the parties and after making such enquiry as it thinks fit with regard to the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of such decree. Therefore, there may have been a genuine apprehension in the mind of the Family Court Judge as to whether there is any possibility of reconciliation between the parties or change of mind with regard to consent expressed earlier for such dissolution, when the petition is returned by it.
Keeping the very object behind the Family Courts Act, 1984, read with the spirit behind Section 13-B of the Hindu Marriage Act, the Family Court could have entertained the interlocutory application in as much as legal practitioners are not totally forbidden from rendering assistance to the Family Court. One of the reasons why Section 13 of the Family Courts Act, 1984, declared that no party to a suit or proceeding shall be entitled as of right to be represented by a legal practitioner sans technicalities or legal necessities, the parties must be helped by the Court to reconcile the disputes persisting between them. Unlike a traditional setup of the Court, where the Presiding Judge has to maintain not only an equiy distance between the parties to a lis, but also maintain a sense of impartiality towards the cause of both sides and essentially was required to maintain an arms length distance from the parties, in a Family Court, the Judge is donning the robes of a facilitator, a mentor and an expert counselor. A slight tilt in the approach to one of the parties in a Family Court, depending upon the facts and circumstances prevailing in the case and if the ends of justice would be better served by dosing so, is allowable. The emphasis being laid upon essentially preserving the institution and interest of the marriage and the welfare and well-being of the parties etc. Hence, the Family Court is entitled to receive, examine and act upon an affidavit filed by one of the parties before it, acting through a GPA. A petition moved in that regard is maintainable.

Finally,

I am, therefore, of the opinion that the Family Courts are entitled to ascertain the views of the parties and for that purpose adjourning a case by a reasonable period is not to be frowned upon. But, however, if one of the parties, like in the present case, appears before the Family court and expresses no objection for an affidavit of the other party to be taken on record and is not desirous of cross examining the deponent of the affidavit, the Family Court cam entertain, unhesitatingly any such move/application.
Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to preoccupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. ‘Skype’ is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired
about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information.

Dasam Vijay Rama Rao Vs M.Sai Sri on 17 June, 2015

Citations : [2015 ALD 4 757], [2015 ALT 5 150], [2015 AIR AP 191]

Other Sources :

https://indiankanoon.org/doc/123683887/

https://www.casemine.com/judgement/in/5608f8e1e4b01497111439d9

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocates Act Section 32 Dasam Vijay Rama Rao Vs M.Sai Sri Family Courts Act Sec 13 HM Act Sec 13B - Divorce by Mutual Consent Legal Procedure Explained - Interpretation of Statutes Private Person or GPA Holder To Act and Plead for Plaintiff Reportable Judgement or Order Skype facility | Leave a comment

Mamta Jaiswal Vs Rajesh Jaiswal on 24 March, 2000

Posted on May 29, 2018 by ShadesOfKnife

Wonderful judgment: Qualified and able-bodied knife will not be entitled for interim maintenance.

 

Mamta Jaiswal vs Rajesh Jaiswal on 24 March, 20001
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision HM Act Sec 24 - Interim Maintenance Denied Mamta Jaiswal Vs Rajesh Jaiswal | Leave a comment

Moodududla Srinivas Vs N.Usha Rani on 13 April, 2017

Posted on May 27, 2018 by ShadesOfKnife

In this Andhra Pradesh High Court judgment, Dr. Justice D Siva Sankara Rao ordered that as no relation exists in the nature of marriage, no maintenance is maintainable in section 125 as well as Domestic Violence Cases.

Moodududla Srinivas Vs Smt .N.Usha Rani on 13 April, 2017
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Denied Moodududla Srinivas Vs N.Usha Rani No Domestic Relationship Exists PWDV Act Sec 20 - Maintenance Denied | Leave a comment

Kiran Dhar Vs Alok Berman on 14 May, 2014

Posted on May 26, 2018 by ShadesOfKnife

This Allahabad High Court judgment also clarifies established below legal point in Maintenance case under section 125 of CrPC. It relies on Deoki here.

In the absence of any custom and in absence of any decree for divorce, it cannot be said that marriage between Alok Berman and Smt. Rani was dissolved, which goes to show that Alok Berman was still legally married husband of Smt. Rani, who was, admittedly, alive at the time of marriage of Smt. Kiran Dhar with Alok Berman, and the marriage between them was not annulled as per law.

Further,

26. Section 13 of Hindu Marriage Act clearly requires a petition either by the husband or the wife for dissolving the marriage by decree or divorce on the ground mentioned in Section 13 of Hindu Marriage Act. No other form of divorce has been recognized by Hindu Marriage Act. Annexure 5 is an agreement between Alok Berman and his earlier wife – Smt. Rani in which parties had signed a divorced deed in which they have stated that they are dissolving the marriage by this deed on the conditions mentioned in the deed. Condition no.6 is also very relevant in which she has stated that if either of the parties filed a divorce case in the Court, then another party will give consent to the divorce without making any objection.

27. It is not on record as to whether any suit for divorce was filed by Smt. Rani or not. In absence of any document and decree of divorce by the court, it can safely be presumed that no such application was moved by either of parties before the competent court for dissolution of marriage. In view of this, the only evidence of divorce is the document Annexure 5. This document has not seen the light of day during any divorce proceeding. Hindu Marriage Act does not recognize any divorce of such type. It has also not been averred and proved that there was such custom in the society of parties to recognize such type of divorce.

28. In the absence of any custom and in absence of any decree for divorce, it cannot be said that marriage between Alok Berman and Smt. Rani was dissolved, which goes to show that Alok Berman was still legally married husband of Smt. Rani, who was, admittedly, alive at the time of marriage of Smt. Kiran Dhar with Alok Berman, and the marriage between them was not annulled as per law.

29. In view of Sections 5 (1) and 11 of Hindu Marriage Act and also in view of decision of Apex Court in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) the marriage between Smt. Kiran Dhar and Alok Berman is void ab initio, and she is not entitled to maintenance.

30. It is also clear from the decision of Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and another (supra) that even if the second wife (Smt. Kiran Dhar) was not aware of first marriage of her husband with another woman, she is not entitled to any maintenance.

Smt.Kiran Dhar vs Alok Berman on 14 May, 2014

Citations: [2015 DMC ALL 2 357], [2014 ALLCC 86 807], [2015 ACR 1 945], [2014 ALR 106 405], [2015 CRIMES ALL 1 607], [2014 SCC ONLINE ALL 15005], [2015 ALL LJ 1 391], [2014 AIC 142 877], [2015 HLR 2 522]

Other Sources:

https://indiankanoon.org/doc/187951850/

https://www.casemine.com/judgement/in/56b492ff607dba348f003b0a

https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=158933

Posted in High Court of Allahabad 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 HM Act 11 - Void marriages Kiran Dhar Vs Alok Berman Maintenance denied in a Null and Void ab Initio Marriage No Domestic Relationship Exists Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008

Posted on May 26, 2018 by ShadesOfKnife

Another judgment this time from Bombay High Court, which says no cruelty proved in maintenance case under section 125 CrPC results in no maintenance to Knife.

This sentence in last para is not appreciable though.

However, the payment of maintenance allowance, if any, during the intervening period, is not refundable by her.

Note: This is how the false case filers are encouraged/supported by Judiciary in India.

Sanjay Sudhakar Bhosale Vs Khristina on 8 April, 2008

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Cruelty Not Proved CrPC 125 or BNSS 144 - Maintenance Denied Maintenance Sanjay Sudhakar Bhosale Vs Khristina | Leave a comment

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Posted on May 20, 2018 by ShadesOfKnife

In this Gujarat High Court order, Judge denied interim maintenance to Knife in DVC as she was already getting maintenance under Section 125 of CrPC.

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Citations:

Other sources:

https://indiankanoon.org/doc/802854/


Index of DV Judgments is here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Able To Maintain Herself CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Denied Hemlataben Maheshbhai Chauhan PWDV Act Sec 12 - Domestic Violence Application to Magistrate PWDV Act Sec 23 - Interim Maintenance Denied | Leave a comment

Bharat Hegde Vs Saroj Hegde on 24 Apr 2007

Posted on April 20, 2018 by ShadesOfKnife

Another Key Judgement from Delhi High Court elucidating the judicial principles required to be applied while deciding an Interim Maintenance application under Section 24 of Hindu Marriage Act 1955.

This is a case involving the son of Ex CM of Karnataka State of India, Mr. Rama Krishna Hegde.

Section 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.

It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.

Tax avoidance is the norm. Tax compliance is the exception in this country. Therefore, in determining interim maintenance, there cannot be mathematical exactitude.

The 11 factors for consideration are:

1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded u/s. 125 Cr.PC is adjustable against the amount awarded u/s. 24 of the Act.”

If the capital asset is an industrial property, a coffee plantation, an orchard or any other agricultural holding, there would be a presumption that the said capital asset is yielding some income. It is not presumed to be a dead asset.

But where the law requires a Judge to form an opinion based on a host of primary data, a Judge can formulate an opinion pertaining to the likely income from the capital assets of the husband.

It is a well recognized principle of law that where a person withholds vital information, a presumption arises against him that had he disclosed the information, the same would have been adverse to him.

Sh. Bharat Hegde vs Smt. Saroj Hegde on 24 April, 2007

Citations : 140 (2007) DLT 16

Other Sources :

https://indiankanoon.org/doc/260066/

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bharat Hegde vs Saroj Hegde HM Act Sec 24 - Interim Maintenance Granted Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Withhold Vital Information | Leave a comment

Rani Sethi Vs Sunil Sethi on 31 Mar 2011

Posted on April 20, 2018 by ShadesOfKnife

This is a verdict from Delhi High Court dismissing petition of the wife that is filed against the Trial court order to pay maintenance to Husband along with litigation expenses and a car for his usage !!

One should appreciate the detailed dissection made by the Hon’ble Court, of the financial information made available by parties in arriving at the conclusion.

The purpose of section 24 of Hindu Marriage Act is to provide support to a spouse who has no independent source of income and is incapable of maintaining himself/herself. It is trite law that the term “support” is not to be construed in a narrow manner so as to mean bare subsistence. It means that the other spouse, who has no independent source of income, is provided with such maintenance so as to live in a similar status as was enjoyed by them in their matrimonial home. It is the purpose of section 24 that the wife or the husband who has no sufficient source of income for her or his support or for the expenses of the proceedings must be provided with such reasonable sum that strikes equity between the spouses.

Rani Sethi vs Sunil Sethi on 31 March, 2011

The Supreme Court Judgment of Jasbir Kaur Sehgal (Smt.) v. District Judge, Dehradun & Others is available here.

The Delhi High Court judgment of Bharat Hegde v. Saroj Hegde is available here that talks about the 11 factors to be considered an application under section 24 of Hindu Marriage Act.


Index of Maintenance judgments under HMA are here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 227 - Power of superintendence over all courts by the High Court HM Act Sec 24 - Interim Maintenance Allowed HM Act Sec 24 - Interim Maintenance Allowed to Husband HM Act Sec 24 - Interim Maintenance Granted Rani Sethi vs Sunil Sethi | Leave a comment

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