V.Bhagat Vs D.Bhagat on 19 November, 1993

Posted on May 15, 2018 by ShadesOfKnife

Another landmark judgment from Hon’ble Apex Court clearly defining the meaning of Mental Cruelty with respect to Divorce petition.

V. Bhagat vs D. Bhagat on 19 November, 1993

Citations : [1994 UJ SC 1 70], [1994 AIR SC 710], [1993 SCALE 4 488], [1994 SCC 1 337], [1994 BLJR 1 1], [1994 PUNJ LR 1 603], [1994 GLH 1 186], [1994 AN LT SC 1 14], [1994 BOMLR 96 360], [1994 ALT SC 1 14], [1994 ALR 23 77], [1994 LW 1 27], [1994 CIVILCC 558], [1993 JT SC 6 428], [1993 SUPP SCR 3 796], [1993 SUPPSCR 3 796], [1994 UJ 1 70], [1994 AIR 710]

Other Sources:

https://indiankanoon.org/doc/1848484/

https://www.casemine.com/judgement/in/5609ac91e4b014971140f2cb#20

The Index is here.

Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014

Posted on May 14, 2018 by ShadesOfKnife

This is the landmark judgment from Supreme Court asserting that ‘No automatic arrest’ in matrimonial cases. See here how this judgement has impacted the Bail-Jail industry.

“Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction;
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

Most important.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may
extend to seven years; whether with or without fine.

Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014

Citations: [2014 DLT 210 599], [2014 GLR 2 1848], [2014 CRIMES SC 3 40], [2014 OLR SC 2 562], [2014 KARLJ SC 4 177], [2014 AD SC 7 697], [2014 KCCR 3 1977], [2014 JT 7 527], [2014 AIOL 411], [2014 MPHT SC 4 81], [2014 RLW SC 3 2171], [2014 CCR SC 3 144], [2014 WLN SC 3 28], [2014 AIC 140 118], [2014 MPJR SC 4 55], [2014 JLJR SC 3 313], [2015 LW CRL 1 318], [2014 ALT CRI 2 457], [2014 RCR CRIMINAL SC 3 527], [2014 KHC 3 69], [2014 CRIMES SC 3 206], [2014 GLT SC 3 102], [2014 SLT 5 582], [2014 SCC 8 273], [2014 MLJ CRL SC 3 353], [2014 CRLJ SC 3707], [2014 AIR SCW 3930], [2014 SCC ONLINE SC 532], [2014 ACR SC 3 2670], [2014 SCJ 6 219], [2014 CRILJ 3707], [2014 GUJLR 2 1848], [2014 JT 9 55], [2014 SUPREME 5 324], [2014 DMC SC 2 546], [2014 GUJ LH 2 547], [2014 KERLT 3 143], [2014 ILR 5507], [2014 BOMCR CRI SC 3 362], [2014 SCALE 8 250], [2014 PLJR 3 314], [2014 AIR SC 2756], [2014 JCC SC 3 1529], [2014 KLJ 3 330], [2014 SCC CRI 3 449], [2014 SCSUPPL CHN 4 73], [2014 GLH 2 547], [2014 ALLCC 86 568], [2014 ILR KER 3 165]

Poongadi And Anr Vs Thangavel on 27 September, 2013

Posted on May 12, 2018 by ShadesOfKnife

Hon’ble Apex Court in this judgment re-iterated that the imprisonment for a monthly maintenance payment failure is 1 single month, for each violation.

From Para 6,

6. In another decision of this Court in Shantha v. B.G Shivananjappa 2005 4 SCC 468 it has been held that the liability to pay maintenance under Section 125 CrPC is in the nature of a continuing liability. The nature of the right to receive maintenance and the concomitant liability to pay was also noticed in a decision of this Court in Shahada Khatoon v. Amjad Ali 1999 5 SCC 672. Though in a slightly different context, the remedy to approach the court by means of successive applications under Section 125(3) CrPC highlighting the subsequent defaults in payment of maintenance was acknowledged by this Court in Shahada Khatoon.

From Para 8,

8. In view of the above, we are left in no doubt that the order passed by the High Court needs to be interfered with by us which we accordingly do. The order dated 21-4-2004 of the High Court is set aside and we now issue directions to the respondent to pay the entire arrears of maintenance due to the appellants commencing from the date of filing of the maintenance petition (MC No. 1 of 1993) i.e 4-2-1993 within a period of six months and current maintenance commencing from the month of September 2013 payable on or before 7-10-2013 and thereafter continue to pay the monthly maintenance on or before the 7th of each successive month. If the above order of this Court is not complied with by the respondent, the learned trial court is directed to issue a warrant for the arrest of the respondent and ensure that the same is executed and the respondent taken into custody to suffer imprisonment as provided by Section 125(3) CrPC.

Poongadi And Anr vs Thangavel on 27 September, 2013

Citations : [2013 SCR 9 862], [2013 AIR BOMR 6 775], [2013 SLT 8 113], [2013 SCALE 12 186], [2013 CRIMES SC 4 371], [2013 AIR SC 5764], [2014 AIR SC 24], [2013 BOMCR CRI SC 4 794], [2013 CRLJ SC 5006], [2014 SCC CRI 1 361], [2013 SCC 10 618], [2013 RCR CRIMINAL SC 4 504], [2013 RCR CIVIL SC 4 701], [2013 AIOL 65], [12013 SUPREME 7 254], [2013 SCC ONLINE SC 893], [2013 GUJ LH 3 363], [2013 CTC 6 338], [2013 AIC 131 58], [2014 ECRN 1 720], [2014 AD SC 7 511], [2013 ALLCC 83 973], [2014 ALT CRL AP 1 299], [2013 DMC 3 460], [2014 GLR SC 3 2005], [2013 JLJR 4 575], [2014 LW CRL 1 69], [2013 NCC 2 840], [2014 PLJR 1 52], [2014 SCJ 1 797], [2013 AIR SCW 5764]

Other Sources :

https://indiankanoon.org/doc/5626322/

https://www.casemine.com/judgement/in/5609af2de4b0149711415baa

Index of maintenance cases under sec 125 CrPC are here.

Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017

Posted on April 14, 2018 by ShadesOfKnife

UPDATE 1:

SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says No To ‘Welfare Committees’

https://www.livelaw.in/breaking-sc-modifies-the-earlier-directions-issued-to-prevent-misuse-of-498a-ipc-says-no-to-welfare-committees/

UPDATE 2:

Few directions given in this judgment are held to be erroneous. Here is the new article.

https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/

UPDATE 3:

In Shivangi Bansal Vs Sahib Bansal on 22 Jul 2025, Division Bench of Apex Court restored the Family Welfare Committees.

The detailed order is available here.

Guidelines issued by Hon’ble Supreme Court:

After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Supreme Court has issued the following directions;

Part 1.

(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

Part 2.

Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

Part 3.

In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

Part 4.

If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

Part 5.
In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

Part 6.

It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;

Part 7.

Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

Part 8. These directions will not apply to the offences involving tangible physical injuries or death.

Read the complete judgment here.

Rajesh Sharma & ors. Vs State of UP and Anr on 27 July, 2017

Citations: [2017 SCC ONLINE SC 821], [2017 AIR SC 3869], [2017 AJR 4 408], [2017 ALLMR CRI 3526], [2017 ALLCC 100 927], [2017 ACR 2 2225], [2017 ALT CRL AP 2 393], [2017 ALD CRL SC 2 568], [2017 BOMCR CRI 3 677], [2017 CGLJ 3 573], [2017 CCR SC 3 211], [2017 CTC 4 667], [2017 DMCSC 2 747], [2017 GLH 2 818], [2017 GLR 3 2430], [2017 ILR KER 3 425], [2017 JLJR 3 180], [2017 JCC 3 1919], [2017 KHC 4 163], [2017 KLJ 3 861], [2017 MLJ CRL 3 602], [2017 PLJR 3 240], [2017 RLW SC 3 2266], [2017 RCR CRIMINAL 3 836], [2017 SCALE 8 313], [2017 SCJ 7 94], [2017 UC 3 1601], [2017 WLN SC 3 81], [2018 SCC 10 472], [2019 SCC CRI 1 3012017 SCR 9 529], [2017 GUJ LR 3 2430], [2017 GUJ LH 2 818], [2017 AIC 177 224], [2017 CRIMES 3 268], [2017 ECRN 3 381], [2018 CRI LJ 3593

Indiankanoon.org link: https://indiankanoon.org/doc/182220573/

News Article:

http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

Shades of Knife

True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

V.Bhagat Vs D.Bhagat on 19 November, 1993

Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014

Poongadi And Anr Vs Thangavel on 27 September, 2013

Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017