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True Colors of a Vile Wife

Tag: 1-Judge Bench Decision

Sreenivas Motupalli Vs Anjana Taggarse Motupalli on 15 Oct 2024

Posted on August 26, 2025 by ShadesOfKnife

A single judge of Telangana High Court held that, ‘well educated and having so many properties and also having professional income doesn’t require interim maintenance‘.

From Para 17,

17. Petitioner herein made several allegations in the Divorce O.P which are to be decided after adducing of evidence by both the parties in the Divorce O.P as such this Court is not going into those aspects in detail. The issue before the Court is only regarding the granting of interim maintenance to wife and children before the trial Court. The respondent has no objection for granting of interim maintenance to the children and he is ready to pay the said amount but be he is not inclined to pay maintenance to the petitioner as she is well educated and having so many properties and also having professional income. Petitioner herself in her application stated regarding her qualifications, abilities and also regarding her professional career of 19 years she has represented many reputed clients as such it can be presumed that she has well established professional career. She also admitted that she was taking care of entire family with her own earnings. She herself stated that her mother gave two house properties in her name and she also stated that respondent transferred house at Jubilee Hills in favour of his father but still she is residing in the said house. Previously respondent was residing in one floor and in-laws in another floor but presently petitioner is residing with her children in the entire house property. She also stated that she is member of several clubs and she was teaching extracurricular activities in the clubs to her children. Even in the application, she stated that he was already paying the fee apart from that she requires interim maintenance of Rs.1,00,000/- and all the details of the expenses were given in the above paragraphs and it was also an admitted fact that respondent herein paid school fee and also incurred the expenses of the club for the children for the certain period. Respondent filed letter of withdrawal of nomination dated 03.03.2010 and extract of minutes of meeting of Board of Director of Krishna Godavari Power Utilities Ltd., held on 13.03.2010 to say that presently he is not working as Director. Even petitioner stated that he was not paid salary for seven years after the marriage as the company is a joint family company and father of the respondent is karta of the family. Petitioner did not state about the income details of the respondent on the ground that he has hidden certain factors from the beginning of the marriage. Trial Court granted interim maintenance of Rs.20,000/- per month to the petitioner and Rs.15,000/- per month to each of the minor children i.e., Rs.50,000/- in total and also directed to pay the said amount from the date of petition i.e., from November, 2010 to be payable on or before 6th of every month till the disposal of the O.P. The said order was passed on 27.06.2013 against the said order, this revision petition is preferred on 27.09.2013 and it is brought to the notice of the Court that so far he has not paid any maintenance to the children and not complied the order of the trial Court. Previously, women were financially dependent on the husband as they are not educated and not earning as such it was mentioned in the Laws that she should be maintained by the husband but the days are changed women are also highly qualified, working and earning and they can maintain themselves, therefore, it cannot be said that they are dependent on husband. Even in this case, the petitioner/wife is not dependent on respondent/husband as such granting of interim maintenance to her by the trial Court is not on proper appreciation of the fact and is liable to be set aside. Regarding the maintenance granted to the children this Court finds no reason to interfere with the same. Now children became majors. However, this Court is inclined to direct the respondent to pay entire arrears of maintenance till they attain the age of majority.

Sreenivas Motupalli Vs Anjana Taggarse Motupalli on 15 Oct 2024

Index of Maintenance judgments under HMA are here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision HM Act Sec 24 - Interim Maintenance Denied Sreenivas Motupalli Vs Anjana Taggarse Motupalli | Leave a comment

C.Amarnath Vs J.Remabarathi on 22 Aug 2025

Posted on August 25, 2025 by ShadesOfKnife

A single judge of Madras High Court held that a ‘Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance To Live Comfortably‘.

From Para 4,

4.Mr.T.Gowthaman, learned Senior Counsel appearing for the petitioner/husband would submit that the respondent is financially not only self sufficient, but also affluent and there is no necessity for the petitioner to pay any interim maintenance to his wife. However, insofar as the maintenance to his son, the petitioner does not challenge the award of maintenance and the learned Senior Counsel states that it is being paid without any default. According to the learned Senior Counsel, the challenge is only in respect of the award of interim maintenance to the wife. He would further submit that the Family Court has passed a mechanical order, without appreciating the pleadings in the maintenance application and the evidence adduced by the parties. He would further state that the very object of Section 24 of the Hindu Marriage Act is only to ensure that the respondent is able to sustain herself for a basic and decent living, including meeting of the litigation expenses that have been fastened upon her by the husband.

From Para 5,

5.The learned Senior Counsel would also rely on the dividends received by the respondent as a Director of M/s.Roentgen Scan World Private Limited and also her conduct in approaching the National Company Law Tribunal (NCLT), seeking for a restraint order to not release dividends to her. In this
connection, the learned Senior Counsel would state that the conduct of the respondent/wife is clearly malafide and only in order to make the claim for maintenance against the petitioner, the respondent has not only suppressed the huge income received by her as dividends from the Company, but also her approaching the NCLT and seeking an order for not releasing the amounts payable to her, which amounts to a self restraint order only in order to entitle her to claim maintenance from the petitioner/husband.

From Para 15,

15.It is however contended by the learned Senior Counsel for the petitioner that without even consulting the petitioner, the son has been admitted into an institution where the educational fees and expenses are sky high and for the arbitrary decisions of the respondent, the petitioner cannot be mulcted with liability. It is also seen that the respondent has properties standing in her name and even one of the properties that has been settled in her favour by her mother has been re-transferred to her father, pending the proceedings. The explanation offered by the respondent is that the father was the ostensible owner having brought to the property in the name of the mother and therefore, the respondent has settled the property in favour her father, does not appear to be bonafide. If really, the father was the ostensible owner having put in the entire sale consideration, while purchasing the property in the name of his wife, nothing prevented the mother to have straight away settled the property in favour of her husband, namely the father of the respondent. However, pending the proceedings, the settlement executed by the respondent in favour of her father clearly appears to be only in order to get over the objections of the petitioner that the respondent is affluent and owns valuable immovable properties. Even otherwise, the petitioner is having landed property in Thiruporur in the outskirts of city of Chennai where also the property prices have risen considerably.

From Para 16,

16.Further, the fact that the respondent has received substantial monies for the last three financial years is also not in dispute. The object of Section 24 is only for providing interim maintenance to the wife to enable her to get sufficient income to live a comfortable lifestyle. I do not see that the respondent is not possessed of such sufficient income already, warranting further monies from the petitioner by way of interim maintenance. In all fairness, the petitioner has stated that he is willing to meet the educational expenses of his son and has also complied with the order in I.A.No.2 of 2021. Even with regard to the award of Rs.30,000/- maintenance to the son, the petitioner has accepted the said order and has not even challenged the same. In the light of the above, I am not able to sustain the order of the Family Court awarding interim maintenance to the respondent/wife, which is wholly unnecessary in the light of the substantial income that has accrued to the respondent by way of dividends in Scan World and the fact that the respondent also owns valuable immovable properties.

From Para 19,

19.Even applying the ratio laid down in Rajnesh’s case, I do not find that the respondent requires any further amounts by way of interim maintenance to lead a comfortable lifestyle. In view of the aforesaid discussions regarding her holding of immovable properties as well as the substantial income by way of substantial dividends of the Company. The Family Court has already awarded maintenance, considering all the expenses that have been set out by the respondent and fixed the maintenance amount of Rs.30,000/- in support of the minor son and the same has not been challenged by the wife, seeking enhancement as well. The petitioner has also accepted the said order and has been paying a sum of Rs.30,000/- to the son, apart from also meeting the amount of Rs.2,77,000/-. The Family Court, after taking into account the assets and liabilities filed by both the parties, has only focused its attention on the requirement of the son, A.Anirudh and without any reasons or even discussion with regard to the specific averments regarding the ownership of immovable properties and income accruing from the Company by way of dividends, has straight away proceeded to award a sum of Rs.30,000/- to the wife as well. In view of the above, I am inclined to interfere with the order passed by the Family Court.

C.Amarnath Vs J.Remabarathi on 22 Aug 2025

Citations:

Other Sources:

THE HON’BLE MR. JUSTICE P.B.BALAJI CRP.No.2590 of 2025 & CMP.No.14720 of 2025 Dr.C.Amarnath ..Petitioner


Index of Maintenance cases is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision C.Amarnath Vs J.Remabarathi HM Act Sec 24 - Interim Maintenance Denied | Leave a comment

Ishwar Singhal and Ors Vs State of UP and Ors on 11 Jan 2022

Posted on July 24, 2025 by ShadesOfKnife

A single judge at Lucknow Bench of Allahabad High Court held as follows,

From Para 18,

18. In the present case, First Information Report No. 501 of 2019, under Sections 323, 354, 498A, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Mandion, District Lucknow was lodged on 14.06.2019 by the opposite party No.4 and during the course of investigation, FIR and its consequential proceedings were challenged before this Court, and thereafter, matter was referred to the Mediation and Conciliation Centre of this Court with the consent of counsel for the opposite party No.4 on the first date and it was successfully concluded and presently opposite party No.4 is enjoying her matrimonial life and residing with her husband and children. As in the case of Ram Lal Yadav (supra), this Court held that Investigating
Officer can not be restrained from arresting the accused of a cognizable offence. The Hon’ble Supreme Court in the case of Bhajan Lal (supra) and Ramawatar (supra) already held that FIR and its consequential proceedings can be quashed (u/s 482 Cr.P.C.), therefore, this Court is of the view that impugned FIR and its consequential proceedings is liable to be quashed in terms of settlement agreement of parties before Mediation and Conciliation Centre of this Court.

Ishwar Singhal and Ors Vs State of UP and Ors on 11 Jan 2022
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 – Quashed Due to Out-Of-Court Settlement FIR Quashed Due to Out-Of-Court Settlement Ishwar Singhal and Ors Vs State of UP and Ors | Leave a comment

Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020

Posted on July 14, 2025 by ShadesOfKnife

A single judge of AP High Court has set aside the 498A IPC conviction… one of the reasons being a Counterblast case.

From Para 23,

23) It is to be seen that, none of the witnesses clearly indicate as to when and also the nature of cruelty meted out to PW1. It is not as if A1 and PW1 lived only for a short period. The record shows that both of them lived together for more than three years. That being the position, some specific time period should have been mentioned with regard to the acts of harassment. Except saying that all the accused harassed, the evidence of PW1 to PW4 is silent as to the nature of harassment meted out to PW1. Whether it was beating or by any other method. The usage of word ‘harassed’ in loose manner, in my view, cannot be taken as amounting to cruelty, unless, the evidence disclosing the nature of the harassment falling within the meaning of cruelty as deposed in 498A IPC. Further, as observed earlier, the nature of harassment spoken to by PW1 to PW4 are inconsistent with each other. Each witness is improving the case. What is spoken to by one witness is not spoken to by another witness.

Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020

Index of Quash judgments here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Conviction Set Aside Dudekula Khasim Vs State of Andhra Pradesh | Leave a comment

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025

Posted on July 14, 2025 by ShadesOfKnife

A good judgment from this Magistrate, with legally-valid reasons and conclusions… and also directing perjury proceedings to be initiated…

From Para 26,

26. The first and foremost contention of the accused and their counsel is that FIR No: 488/2017 is barred by limitation, as such the court shall dismiss the proceedings and as per exhibit P1, the alleged last act of cruelty has taken place on 18.09.2012, so the limitation period was expired on 17.09.2015, but the report was given on 03.08.2017, therefore the proceedings are time barred u/s 468 Cr.P.C. while section 473 Cr.P.C provides an exception to bar of limitation, but its application is not automatic and there must be an explanation by the prosecution for such inordinate delay. Since the case is barred by limitation, the court is required to dismiss the proceedings. In support of his contention, he relied on the following judgments:
A. Kamlesh Kalra v. Shilpa Kalra & Ors. Reported in 2020 0 Supreme (SC) 605 wherein it was held that “ As regards, the finding recorded by the High Court in respect of complaint/FIR filed under Section 498A IPC, we are of the firm opinion that the same does not call for interference. In the facts of this case, it is clear that the FIR filed in this regard in 2015 was time barred, having been filed much more than three years after the separation of Manish Kalra(husband) and Shilpika Kalra (wife) and the filing of the divorce petition by the husband, both in 2009. In the facts of the case, the reasons given by the High Court for quashing the proceedings under section 498A IPC are justified and do not call for interference by this Court”.
B. Gudipati Mallikarjun Rao v. Gudiapati Saranya 2023 0 Supreme (A.P) 582 wherein it was held that “ In the circumstances, it would have to be held that the complainant, filed by the defacto complainant, is beyond the period prescribed under Section 468 of Cr.P.C”.
C. Arun Vyas & Anr. V. Anitha Vyas 1999 0 Crl LJ 3479 wherein it was held that “ the court cannot take cognizance of an offence under Section 498-A of IPC, if the FIR is time barred, unless the delay is properly explained and condoned under Section 473 of the CrPC”.
D. Korimerla Videesha Vs. State of A.P. wherein it was held that “ According to Rule 10 of the A.P. Dowry Prohibition Rules, any offence under Section 3 and 4 or any dispute under Section 6 of the Act shall be filed before expiry of one year and finalized within two years from the date of filing”.

From Para 28,

28. In the case on hand the alleged demand for additional dowry was finally made on 18.9.2012 and that is the last date of alleged harassment. Even if the evidence of P.W.1 that the matter is place before the elders in 2013 has taken into consideration, the report is given after 4 years of said incident. But the report was given on 03.08.2017 i.e after 4 years of alleged harassment. So it can be safely conclude that the report is barred by limitation and the court has no power to take cognizance.

From Paras 36-37,

36. He further submitted that the conduct of P.W.1 amounts to perjury and warrants initiation of appropriate proceedings u/s 340 Cr.P.C in order to uphold the rule of law and protect sanctity of justice delivery system. On perusal of the record it appears that after filing the petition under section 340 Cr.P.C., my learned predecessor in the office returned the petition with some objections and the said petition is represented. But the said petition is again returned with endorsement previous objections not complied with and at present the said petition is not pending before the court. Here it is pertinent to mention that after assuming charge of this court, the said petition did not come before me and I have not given any assurance to the
counsel for the accused as mentioned in his written arguments.
37. During the cross examination P.W.1 denied that she completed her B.Tech in the year 2012. As per the evidence of D.W.1, Professor and controller of examination, JNTU Kakinada, P.W.1 completed her engineering graduation in April 2012 and on 16.10.2012 the student collected her provisional certificate from the college and as per the college rules, they cannot produce the provisional certificate of the student unless it is applied by the student. The evidence of D.W.1 clinchingly proves that P.W.1 completed her B.tech in April 2012 from JNTU. The evidence on record shows she intentionally denied that she completed her B.tech in 2012 and she has given false evidence on oath. Hence, she is certainly liable for punishment for giving false evidence. Hence, the Superintendent of this court is directed to give report before 3rd Add. Chief Judicial Magistrate Court against P.W.1 for giving false evidence.

From Paras 39, 41 and 42,

39. Learned counsel for the accused further contended that despite clear admissions of P.W.1 about unregistered land sale deeds dated 31.05.2010, 27.06.2011, this court refused to mark the said photocopies solely on the ground that they were not originals and this refusal is patently erroneous and it is settled law u/s 65 (c) of Indian Evidence Act, the secondary evidence is admissible where the original is lost or not in the possession of the party and a proper foundation is laid.
41. To mark the photocopies of documents, the party who intends to mark shall explain where is the original and as to why he is marking the photocopies of the documents. If the document is with the other party, first he has to give notice to the other party and even after receiving notice the other party fails to produce the document, then he can mark the photocopy. If he lost the original then also he is entitled to mark the photocopy, but in the case on hand there is no material on record to show that the accused or prosecution has given notice to other party to produce the documents and that the originals were lost. Without complying the conditions of section 65 of Indian Evidence Act, blaming this Court that the decision of the court is erroneous is not acceptable.
42. Learned counsel for the accused mentioned in his written arguments that the non production of the original unregistered sale deeds was reasonably explained during cross examination and it was put to P.W.1 that since accused no longer had access to the original land sale deeds dated. 31.05.2010 and 27.06.2011 since the property was transferred to Ch. Appala Raju and the denial of suggestion does not itself negate the reasonable explanation offered by the accused. On perusal of entire cross examination of P.W.1 it appears no such suggestion was given to P.W.1. As such the
contention of counsel for accused that they have given reasonable explanation for not filing the originals is not at all acceptable.

State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025

Index of perjury judgments is here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Cases where Perjury Proceedings were initated Catena of Landmark Judgments Referred/Cited to Counterblast case CrPC 340 read with CrPC 195 Delay or Unexplained Delay In Filing Complaint Evidence Act Sec 65 - Cases in which secondary evidence relating to documents may be given Marking of Photocopies of Documents as Secondary Evidence Perjury - Initiate Prosecution Perjury Under 340 CrPC State of AP Vs Matham Vijaya Rao and Anr | Leave a comment

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Posted on June 25, 2025 by ShadesOfKnife

A single Judge of Madhya Pradesh High Court at Gwalior Bench held that one fundamental right under Constitution must yield to another and, the right to fair trial must yield to right to privacy.

From Paras 11 and 12,

11. In order to achieve its object to simplify the rules of evidence and procedure, Section 14 of the Family Courts Act provides for an exception to the general rule of evidence regarding admissibility of any report, statements, documents, information or matter, which it considers necessary to assist it and to deal with it effectively. Apparently, such a provision is made keeping in view the nature of cases which are dealt with by the Family Courts. Needless to mention here that Section 14 of Family Courts Act is a special legislation and by virtue of this provision, the strict principles of admissibility of evidence as provided under the Evidence Act have been relaxed.
12. A cumulative reading of Section 14 & 20 of the Family Courts Act, takes within its ambit the restricted applications of the provisions of the Evidence Act qua the documentary evidence which includes electronic evidence, whether or not the same is otherwise admissible. The only guiding factor is that the Family Court should be of the opinion that such evidence would assist the Court to deal with the matrimonial dispute effectively. It is the absolute power and authority of the Family Court either to accept or discard particular evidence in finally adjudicating the matrimonial dispute. However, to say that a party would be precluded from placing such documents on record and/or such documents can be refused to be exhibited unless they are proved as per Evidence Act, runs contrary to the object of Section 14 of the Family Courts Act.

From Paras 18 and 19, (No fundamental right under our Constitution is absolute)

18. By reading the dictum of Apex Court in the case of Sharda & Puttaswami (supra), it is evident that right to privacy is recognized as a fundamental right under Article 21 of Constitution, but the same is not an absolute right. In case of necessity, a law can be framed permitting invasion to life and personal liberty. Section 14 of Family Courts Act and Section 122 of Indian Evidence Act are some such statutory provisions which permits invasion to right to privacy. It is worth mentioning here that vires of either of the aforesaid provisions are not under challenge and, therefore, the same have to be deemed as valid, fair and reasonable.
19. Since no fundamental right under our Constitution is absolute, in the event of conflict between two fundamental rights, as in this case, a contest between the right to privacy and the right to fair trial, both of which arise under Article 21 of our Constitution, the right to privacy may have to yield to the right to fair trial. Reference in this regard can be made to the observations of a 5-Judge Constitution Bench decision of Apex Court in Sahara India Real Estate Corporation Limited Vs. Securities and Exchange Board of India reported in (2012)10 SCC 603

From Paras 20 and 21,

20. Reading the law laid down by Apex Court in the case of Sharda, Puttaswamy & Sahara India (supra), it comes out loud and clear that even though right to privacy has been recognized as a fundamental right, the same is not absolute and is subject to exceptions and limitations. While a litigating party certainly has a right to privacy, that right must yield to the right of an opposing party to bring evidence it considers relevant to court, to prove its case. It is a settled concept of fair trial that a litigating party gets a fair chance to bring relevant evidence before court. It is important to appreciate that while the right to privacy is essentially a personal right, the right to fair trial has wider ramifications and impacts public justice, which is a larger cause. The cause of public justice would suffer if the opportunity of fair trial is denied by shutting-out evidence that a litigating party may wish to lead, at the very threshold. Saying otherwise, would negate the specific statutory provision contained in Section 14 of Family Courts Act, which says that evidence would be admissible, whether or not the same is otherwise admissible under Evidence Act.
21. If it were to be held that evidence sought to be adduced before a Family Court should be excluded based on an objection of breach of privacy right then the provisions of Section 14 would be rendered nugatory and dead-letter. It is to be borne in mind that Family Courts have been established to deal with matters that are essentially sensitive, personal disputes relating to dissolution of marriage, restitution of conjugal rights, legitimacy of children, guardianship, custody, and access to minors; which matters, by the very nature of the relationship from which they arise, involve issues that are private, personal and involve intimacies. It is easily foreseeable therefore, that in most cases that come before the Family Court, the evidence sought to be marshaled would relate to the private affairs of the litigating parties. If Section 14 is held not to apply in its full expanse to evidence that impinges on a person’s right to privacy, then not only of Section 14 but the very object of constitution of Family Courts shall be frustrated. Therefore, the test of admissibility would only be the relevance. Accordingly, fundamental considerations of fair trial and public justice would warrant that evidence be received if it is relevant, regardless of how it is collected. The purpose of legislating Section 14 would be frustrated if it is to give way to right of privacy.

From Para 35,

35. In view of the discussion made above, this court is of the opinion that the Legislature, being fully aware of the principals of admissibility of evidence, has enacted Section 14 in order to expand that principle in so far as disputes relating to marriage and family affairs are concerned. The Family Court is thereby freed of restrictions of the strict law of evidence. The only test under Section 14 for a Family Court to receive the evidence, whether collected legitimately or otherwise, is based upon its subjective satisfaction that the evidence would assist it to deal effectually with the dispute.

From Para 38,

38. In view of the discussion made above, it is held that:
(a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected. The possible misuse of this rule of evidence, particularly in the context of the right to privacy, can be addressed by prudent exercise of judicial discretion by the Family Court, not at the time of receiving evidence but at the time of using evidence at the stage of adjudication;
(b) merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact. Admitting evidence is not even reliance by the court on such evidence. Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the
discretion of the court;
(c) the test of ‘relevance’ ensures that the right of a party to bring evidence to court, and thereby to a fair trial, is not defeated. What weight is to be given to evidence so brought-in, and whether or not the court ultimately relies upon such evidence for proof of a fact-in-issue or a relevant fact, is always in the discretion of the court.
(d) merely because a court allows evidence to be admitted, does not mean that the person who has illegally collected such evidence is absolved of liability that may arise, whether in civil or criminal law or both;
(e) such evidence must be received and treated with caution and circumspection and to rule-out the possibility of any kind of tampering, the standard of proof applied by a court for the authenticity and accuracy of a such evidence should be more stringent as compared to other evidence;

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Index of Divorce Judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Anjali Sharma Vs Raman Upadhyay BSA Sec 128 - Communications during marriage Catena of Landmark Judgments Referred/Cited to Disagrees with Views of Other High Court Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 Family Courts Act Sec 20 - Act to have overriding effect Illegally Obtained Evidence Admissible As Long As Relevant to Case | Leave a comment

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011

Posted on June 22, 2025 by ShadesOfKnife

A single judge of Gujarat High Court held a follows,

From Para 17,

17.Having said so, I cannot lose sight of the fact that nowhere under the Act learned Magistrate is permitted to pass final order of custody and any order that learned Magistrate can pass must have limited validity either in terms of time or happening of an event. Learned Magistrate cannot pass order granting permanent custody of the child to the aggrieved person.

From Para 20,

20.As pointed out by the counsel for the petitioner, the child has remained with the father since his birth. Child has remained with father exclusively since separation of husband and wife in May 2007. Three and half years have passed since then. He is stated to be studying in school at Ahmedabad. Wife has already instituted proceedings before the Sessions Court under the Guardian and Wards Act. She is stated to have also prayed for interim custody in such proceedings. In such proceedings detailed inquiry will be conducted. Both sides will have liberty to led evidence. Therefore, bypassing these proceedings, particularly, when the child has been with the father since May 2007 exclusively, I am of the opinion that learned Magistrate committed an error in granting temporary custody of the child to the mother. This part of the order therefore, requires modification.

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011

Court Kutchehry version:

Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors on 04 Feb 2011 (CK)

Citations:

Other Sources:

https://indiankanoon.org/doc/432251/

https://www.casemine.com/judgement/in/56091e7fe4b01497111b3b20

https://www.courtkutchehry.com/Judgement/Search/t/716336-dhaval-rajendrabhai-soni-vs-bhavini


Index of Domestic Violence Act judgments here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged 1-Judge Bench Decision Child Custody Given to Father Dhaval Rajendrabhai Soni Vs Bhavini Dhavalbhai Soni and Ors PWDV Act Sec 21 - Child Custody Order | Leave a comment

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8, 2025 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

Seerapu Shyamala Vs State of AP and Ors on 16 May 2025

Posted on June 7, 2025 by ShadesOfKnife

A single judge of AP High court deprecated Police calling parties to civil/land disputes for settlement talks.

From Para 3,

3. It is needless to mention that when there is a dispute with regard to a land, the police are not expected to enter into the dispute under any guise of amicable settlement of the land dispute. The police have no role to play in the settlement of land dispute. If at all there is any land dispute in between the parties, it is for the Civil Courts to entertain the dispute under Section 9 and 15 of the Code of Civil Procedure, 1908 and resolve the dispute. The legislative bodies like District Legal Service Authorities, Mandal Legal Service Authority, High Court Legal Service Authority and Andhra Pradesh State Legal Service Authority, can resolve the legal disputes. This kind of establishing or creating PLCF calls for settlement of land dispute would lead to multifarious litigation and create a kind of perplex in the minds of the litigants and mushroom further litigations. Therefore, respondent Nos.1 to 3 are directed not to entertain further civil issues like this under any name for settlement of the land dispute of the petitioner.

Seerapu Shyamala Vs State of AP and Ors on 16 May 2025
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Colourable Exercise of Power by Police Seerapu Shyamala Vs State of AP and Ors | Leave a comment

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Posted on June 5, 2025 by ShadesOfKnife

A single Judge of AP High Court (Erstwhile Combined High Court for TS and AP) held that Evidence must not be taken via Affidavit as per Sec 126(2) CrPC in a Sec 125 CrPC case.

From Para 6,

6. Undoubtedly the proceedings before the court below are under section 125 Cr.P.C., though it is registered as FCOP the petition is only under section 125 Cr.P.C., and the procedure followed by the Judge is only under section 126 Cr.P.C. clause [2] the Court shall take evidence 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; therefore, taking advantage of 126 [2] of Cr.P.C., the learned counsel for the petitioner contended that the affidavit of the respondent cannot be permitted to be taken as evidence, like summons cases, this question no more res integra. In V.D. Solomon’s case, supra-1, the learned single Judge after elaborately dealing with section 10 of the Family Courts Act and other provisions held that in maintenance cases the proceedings under section 125 Cr.P.C., the Court has to record the evidence as contemplated under section 126 [2] Cr.P.C., and affidavits cannot be received. In view of the law declared by this Court the procedure adopted by the Judge, Additional Family Court is irregular and contrary to law. This Court in exercise of the powers conferred under section 397 and 401 of Cr.P.C., can set aside the same. Accordingly, the order passed by the court below is set aside.

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Citations:

Other Sources:

https://www.casemine.com/judgement/in/5e96d23d4653d053645840b9

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=407102273000&Title=GOLLAMUDI-RAMESH-Vs.-MODUKURI-NAGAMANI—MODKURI-GETHA-NAGAMANI


Index of Maintenance Judges is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Evidence Via Affidavit Not Allowed CrPC 126 - Procedure Gollamudi Ramesh Vs Modukuri Nagamani and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

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