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True Colors of a Vile Wife

Tag: 498A Case Dismissed Earlier

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Posted on December 9, 2019 by ShadesOfKnife

Apex Court has held that after acquittal from IPC 498A case, husband can file for divorce under the ground of Cruelty.

Telangana High Court said that,

14…..

Merely because the respondent has sought for maintenance or has filed a complaint against the petitioner for the offence punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by the respondent amounts to cruelty.”

The Supreme Court disapproved of this view.

The above observation of the High Court cannot be approved. It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now.

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Citations : [2019 SCC ONLINE SC 1595], [2019 (6) CTC 587]

Other Sources:

https://indiankanoon.org/doc/60266171/

https://www.casemine.com/judgement/in/5e01d7a18ef1524a1e205ef8


The High Court of Telangana decision that got set aside is here.


Index of all Domestic Violence Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 498A Case Dismissed Earlier Acquitted in IPC 498A Divorce granted on Cruelty ground HM Act 13 - Divorce HM Act 13 - Divorce Granted to Husband HM Act 13 - Divorce Granted to Husband on Acquittal from IPC 498A case IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Rani Narasimha Sastry Vs Rani Suneela Rani Sandeep Pamarati Sensational Or Peculiar Cases

P.Sugunamma And Others Vs State Of A.P. on 19 January, 2015

Posted on October 15, 2018 by ShadesOfKnife

This is a quash judgment from Hon’ble High of Andhra Pradesh, wherein the DVC on relatives of husband are quashed on grounds that there is ‘no shared household’ and ‘no domestic relationship’ conditions.

5. ( i) Coming back to the facts of the case, all the petitioners are residents of Prakasam District whereas the respondent is a resident of Hyderabad. There is nothing on record to show that the present petitioners had any domestic relationship and lived together with the 2nd respondent in a shared household at any point of time. Further after the proceedings in Crime No.204 of 2010 were quashed by this Court, by orders dated 04.10.2012, the present DV case is filed by the 2nd respondent.
6 . Viewed thus, this Court finds that the petitioners have made out valid and sufficient grounds to quash the proceedings against them in D.V.C.No.18 of 2012 on the file of VI Metropolitan Magistrate, Medchal, Ranga Reddy District.
7. Accordingly, the Criminal Petition is allowed. Consequently, the proceedings against the petitioners herein in D.V.C.No.18 of 2012 on the file of VI Metropolitan Magistrate, Medchal, Ranga Reddy District are hereby quashed.

P.Sugunamma And Others Vs State Of A.P. on 19 January, 2015

Indiankanoon.org link: https://indiankanoon.org/doc/196776515/

Citation:


Earlier 498a case that was quashed is available here.


The index page is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 498A Case Dismissed Earlier No Domestic Relationship Exists No Shared Household P.Sugunamma And Others Vs State Of A.P. PWDV Act - DV Case Quashed Same Allegations in IPC 498A and DVC Sandeep Pamarati | Leave a comment

Chandra Sukanya Devi Vs Chandra Srinivasulu on 18 November, 2014

Posted on July 9, 2018 by ShadesOfKnife

This DVC is dismissed as there is earlier IPC 498A which was dismissed based on Hon’ble Andhra Pradesh High Court judgment in Markapuram Siva Rao & Others Vs State of Andhra Pradesh on 30 April, 2013.

Chandra Sukanya Devi Vs Chandra Srinivasulu on 18 November, 2014

Citation:

Indiankanoon.org or Casemine link:


The index page is here.

Posted in Prakasam DV Cases | Tagged 498A Case Dismissed Earlier Chandra Sukanya Devi Vs Chandra Srinivasulu PWDV Act - Dismissed On Merits Same Allegations in IPC 498A and DVC Sandeep Pamarati | Leave a comment

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