web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Archana Sharma Vs Mukesh Kumar Sharma

Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014

Posted on January 14, 2019 by ShadesOfKnife

Another thieving knife bites the dust. No alimony for the knifeĀ  due to the conduct of the knife. Hon’ble Allahabad HC delivered this judgment.

From the perusal of the impugned judgment, we also find that after the examination-in-chief of the respondent, no cross-examination was done for a period of three years and as such having no other alternative, the Court closed the opportunity of cross-examination.

And then,

A perusal of the record further indicates that the appellant also moved an application for summoning the witnesses, which was rejected by the learned court below on 28.05.2004. This order was never challenged by the appellant and as such the same attained finality. An application for amendment of the written statement was also moved by the appellant, which was also rejected on 16.01.2004 and this order also became final as the same was not assailed before any Court. In view of above facts that the appellant did not cross-examine the respondent and also did not produce any evidence, the evidence adduced by the respondent stood un-rebutted. The learned court below has relied upon the evidence of the respondent on the ground that the appellant did not rebut the evidence of the respondent either by cross-examination or by adducing any other evidence. However, the law is that even if the evidence of the respondent remains un-rebutted and the appellant does not produce any evidence in defence, it is the duty of the Court to examine the evidence on record and come to a conclusion as to whether the cruelty as alleged by the respondent has been proved and such cruelty is to such an extent that the marriage between the parties should be dissolved by means of a decree of divorce.

Filing false FIR,

The appellant also lodged a false FIR against the respondent and other members of his family with false allegations of demand of dowry etc. upon which the police conducted the investigation and finally submitted final report. This fact is not disputed by the appellant. However, the appellant filed objection against the submission of the final report of the police upon which the Magistrate summoned the respondent and he had to seek bail from the Court of Judicial Magistrate. The Judicial Magistrate after the trial acquitted the respondent and other members of his family, who were falsely implicated in the said case but they had to undergo mental stress for several years before the court.

Alleged alimony demand for divorce,

The learned court below also tried to amicably settle the dispute by calling upon them before the court but the appellant did not agree without being paid a handsome amount by the respondent. The appellant also moved an application for payment of Rs.70,000/- as alimony and it was clearly mentioned in the said application that she would accept the divorce only in case the aforesaid amount is paid to her. This prima-facie indicates that the appellant instead of making any efforts towards amicable settlement always insisted for the alimony.

Here is another para,

Whenever an effort was made for reconciliation, the appellant demanded a handsome amount to settle the matter. Thus, the conduct of the appellant was such that the learned court below did not find it proper to award any permanent alimony. The learned court below on the basis of the evidence has come to the conclusion that the appellant was getting only Rs.3,875/- per month after deduction. The appellant on the other hand was getting salary of Rs.5,631/- per month from Sahara India Office. The learned court below has also found that as required by the Rules, the appellant did not submit any details of her income and keeping in view the income of the appellant as well as that of respondent and also taking into account the conduct of the appellant, she was not entitled for any permanent alimony.

Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014

Indiankanoon.org link: https://indiankanoon.org/doc/9174631/

Citation:

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Archana Sharma Vs Mukesh Kumar Sharma HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband HM Act 25 - Permanent Alimony Denied HM Act Sec 14 - No Petition For Divorce Within One Year | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • P Amutha Vs Gunsekaran on 23 Dec 2022 December 1, 2023
  • Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 December 1, 2023
  • Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 December 1, 2023
  • Sanjay Bhalkar Vs State of Maharashtra on 13 Jan 2020 November 27, 2023
  • Omprakash Sahni Vs Jai Shankar Chaudhary and Anr on 02 May 2023 November 26, 2023

Most Read Posts

  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (4,464 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,974 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,881 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,801 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,766 views)
  • Shilpashree J.M. Vs Gurumanjunatha .A.S. on 19 Jun 2023 (1,755 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (1,465 views)
  • Anshu Gupta Vs Adwait Anand on 09 Aug 2023 (1,184 views)
  • Asfaq Alam Vs State of Jharkhand and Anr on 31 Jul 2023 (962 views)
  • Niharika Kundu Vs Shankar Ghosh on 12 Sep 2023 (892 views)

Tags

Reportable Judgement or Order (360)Legal Procedure Explained - Interpretation of Statutes (347)Landmark Case (334)2-Judge (Division) Bench Decision (300)Catena of Landmark Judgments Referred/Cited to (234)Work-In-Progress Article (216)1-Judge Bench Decision (196)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (88)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (58)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (41)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)HM Act 13 - Divorce Granted to Husband (35)Advocate Antics (35)PWDV Act 20 - Maintenance Granted (33)

Categories

Supreme Court of India Judgment or Order or Notification (664)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (162)High Court of Delhi Judgment or Order or Notification (120)High Court of Bombay Judgment or Order or Notification (96)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (59)General Study Material (55)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)Assorted Court Judgments or Orders or Notifications (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)District or Sessions or Magistrate Court Judgment or Order or Notification (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (27)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Online RTI Portal for State of Andhra Pradesh
  • A. GIRI KUMAR, National Resource person To act on Online RTI Portal for State of Andhra Pradesh
  • Akif on Lifecycle Stages of a Maintenance Case under Section 125 CrPC
  • ShadesOfKnife on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
  • Adv. Dipankar Saha on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Archives of SoK

  • December 2023 (3)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • HKG (Hong Kong) on 2023-12-13 December 13, 2023
    THIS IS A SCHEDULED EVENT Dec 13, 19:00 - 23:00 UTCNov 29, 09:40 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-13 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • BKK (Bangkok) on 2023-12-12 December 12, 2023
    THIS IS A SCHEDULED EVENT Dec 12, 17:00 - 23:00 UTCDec 1, 13:41 UTCScheduled - We will be performing scheduled maintenance in BKK (Bangkok) datacenter on 2023-12-12 between 17:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • HKG (Hong Kong) on 2023-12-11 December 11, 2023
    THIS IS A SCHEDULED EVENT Dec 11, 19:00 - 23:00 UTCNov 29, 09:20 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-11 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 122.8.186.32 | S December 2, 2023
    Event: Bad Event | Total: 2 | First: 2023-12-02 | Last: 2023-12-02
  • 103.37.242.20 | SW December 2, 2023
    Event: Bad Event | Total: 46,716 | First: 2014-12-04 | Last: 2023-12-02
  • 194.87.31.119 | S December 2, 2023
    Event: Bad Event | Total: 4 | First: 2023-11-25 | Last: 2023-12-02
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 831 access attempts in the last 7 days.

pixel