Another dirty judgment, this time from High Court of Delhi.
Tag: Baseless or Convoluted Judgment
Inder Singh Vs Sumitra on 05 August, 2019
Do you know how to misinterpret laws? Don’t know? Learn from this judgment from Delhi High Court.
From Paras 12-16,
12. Second proviso to sub section (1) to Section 125 Cr.P.C. stipulates grant of interim maintenance. Reading of second proviso does not in any manner indicate that making of an application seeking interim maintenance is a pre-condition for grant of interim maintenance.
13. The Third proviso to sub section (1) to Section 125 Cr.P.C. stipulates disposal of an application for grant of interim maintenance within a time bound manner.
14. If the second and third proviso to sub section (1) to Section 125 Cr.P.C are read keeping in view the very object of the statute, it shows that there is no requirement stipulated by the statute for making an application for grant of interim maintenance pending consideration of the petition under section 125 Cr.P.C. and the Court would be empowered to pass an order assessing interim maintenance even in a case where no such application has been filed by the person claiming maintenance. However, where such an application is made, the same would have to be disposed of by the Trial Court within the time stipulated therein.
15. If a narrower interpretation were to be given to the provision i.e. that an application is a pre-condition for grant of interim maintenance, the same would militate against the very object of the scheme of providing maintenance to a dependant, who is unable to maintain himself/herself, where the person who has sufficient means has refused or neglected to maintain the dependant. (Author: How?)
16. Keeping in view the beneficial object of the statute, it is held that the filing of an application seeking interim maintenance would not be a precondition for grant of interim maintenance pending consideration of the petition seeking maintenance under section 125 Cr.P.C.. It would be open to the trial court to grant interim maintenance, in the facts and circumstances of the case, pending consideration of the application for grant of maintenance under section 125 Cr.P.C.
Have you ever heard the words: misinterpreting, idiotic, biased, pre-judged, cunning? Sounds applicable to this judgment?
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Rajbir @ Raju and Anr Vs State of Haryana on 22 November, 2010
Here the Supreme Court judges are advising the lower courts as such,
“We further direct all trial Courts in India to ordinarily add Section 302 to the charge of section 304B, so that death sentences can be imposed in such heinous and barbaric crimes against women.”
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Vikas Bhutani Vs State & Anr on 17 May, 2019
In this Delhi High Court Judgment, it was held that both orders under 125 CrPC and PWDV Act are to be paid by husband Vikas. Woww
Hope he will get relief in Supreme Court.
State of Maharashtra Vs Rajesh Laxman Kedar on 10 September, 2018
A judgment from a magistrate from Dhule, in Maharastra. See the bullshitting of this judge,
From Para 13,
It is the defence of accused persons that there are contradictions and omissions in the evidence of witnesses. Whatever these witnesses have stated is on the information gathered from the informant. It is very natural considering the nature of the charge. In the circumstances, the evidence of the informant is pivotal and the evidence of relative witnesses which has corroborative value always revolves around her evidence. Hence, evidence of such relative witnesses cannot be discarded by branding them as hearsay. Aftermath I have no hesitation to conclude that there is reliable corroboration from these so called interested witnesses.
From Para 14,
Learned advocate for accused persons urged that no independent witness is examined by prosecution and the investigation officer is also not examined. The offence of cruelty generally occurs within the four boundaries of the house. Under these circumstances, non examination of any independent witness can certainly be spared.
Para 17 will give you vomiting,
In the case in hand, informant was ousted from her matrimonial house on 11-02-2009 and she has lodged complaint on 14-02-2009. But she has mentioned in her evidence that, after accused persons had ousted her, she went to railway station and waited their for whole night, in the morning, she went at her elder son’s school to meet him but as her husband and her mother-in-law had prevented her from meeting her son she came back at her parent’s house. Her matrimonial house is at Mumbai and her maternal house is at Dhule, she has lodged report against accused persons at Dhule City Police Station. In view of all the above explanation, in my opinion delay is satisfactorily explained by informant.
Never mind the jurisdiction. Supreme Court’s Yours truly has already destroyed the jurisdiction with weird illogic here.
From Para 18, more vomiting,
With due respect to Hon’ble High Court, in the present case in hand, the alleged ill-treatment was occurred to informant till year 2009 and witnesses deposed during the trial in year 2013 to 2017, it would be too pedantic to state the exact dates. Hence, in my opinion, non disclosure of such dates would not be that material in the peculiar circumstances of the case as witnesses have correctly mentioned all the incidents of physical and mental cruelty. As well as in respect of the earlier discussion, offences under Section 498A occurs within four corners of the house, hence it is not expected from any neighbour to narrate the ill treatment suffered by informant by her husband and in laws. . And if for the sake of argument we accept that, her neighbours knew about the ill treatment to her by her husband and in laws, but a prudent man can conclude that a neighbor will not come and give evidence against his neighbors for the lady who is not living with his neighbour from years together.
Here goes 212 CrPC down the drain… Ahh this is womenland…
From Para 19,
With due respect to Hon’ble High Court, the above mentioned case laws are not applicable to the case in hand. In present case, informant and her witnesses have specifically deposed about the physical and mental torture as well as unlawful demand of money by accused persons and furthermore her torture on non fulfilling the unlawful demands by accused persons with corroboration. Not a single witness has deposed contrary to prosecution story regarding it. Hence, it constrains me to believe the version of informant and her witnesses
More diarrhea in Para 20,
It is also the defence of accused persons that, she herself has left company of accused no.1. She has filed divorce petition in the Court. The informant also accepted the contention of divorce in her cross examination. But while considering the situation in the Indian culture, when a marriage was performed with zeal and enthusiasm and a bride had left her parental house, it would be difficult to believe that she would leave company of her husband without any reason. Even in todays so called modern society, thereturn of daughter from matrimonial house is treated as a stigma. Considering these general factors, whenever the allegations of cruelty is made, the conduct of the parties, motive intention and other circumstances of the case etc. always needs to be kept in mind because, what amounts of cruelty is nowhere defined. It needs to be waited considering the facts of each and every case differently. However, once the unlawful demands are proved, it materially strengthens the prosecution story. Merely by saying that the informant left company of her husband on her own would not give probability to the defence of husband. He has to offer some plausible explanation on this point. Moreover, when it has emerged on record that even after partying ways with accused no.1, the informant from last 9 years or so is still residing at her parental house. There appears no other reason for her to leave her matrimonial life only because she doesn’t want to cohabit with accused no.1. It is pertinent to note that her elder son was with accused persons and one daughter is with her at the time she left her matrimonial house. Having regard to the Indian culture again a mother cannot leave her son without any strong reason. Only filing petition for divorce in the court will not mean that she was not ill treated by accused persons. Therefore, in my view, additional onus lies on the shoulder of the husband who is accountable to certain extent when his wife leaves his company by contending alleged ill-treatment.
From Para 25, vomiting about 406 IPC (No entrustment, No list of jewelry, To whom, When)
It is pertinent to note that there is no bar of filing criminal case for embezzlement of her jewelery. It is the admitted position of law that the jewelery and ornaments wore by bride at the time if her marriage are her Stridhana. It is nowhere come on record that accused no.1 had returned the jewelery to informant during the pendency of this case. Hence, I came to the conclusion that prosecution has proved section 406 of Indian Penal Code, which accused no.1 cannot rebute.
And some liberal diarrhea gyan delivery from Para 30,
The incidents of cruelty to wives is increasing day by day all over the country. The greed of her husband and relatives is unending and due to this many women has to suffer a lot, many times the greed of her husband and in laws is satisfied at the cost of her life. It is necessary to eradicate such tendency of unlawful demand of money and cruelty to a married woman. Hence, deterrence is must to curb such tendency of society. Therefore, I am not inclined to extend the provision of Probation of Offenders Act, 1884 to him.
You can read the rest of junk below.
Rupali Devi Vs State of UP and Ors on 09 April, 2019
A clear attempt to link circumstances to a pre-judged conclusion by Hon’ble CJ of India himself. At best, this is just an attempt to let go off one of the many grounds husband’s can take in their Discharge and Quash petitions, going against such landmark precedents.
If this assumption is allowed to continue, ablanaris will claim, her hubby dear comes in her dreams and molests, threatens, harasses, violates her & thereby it is a continuing offence as per Black&White Dictionary and attracts 179 CrPC squarely, and consequently your’s truly will wag their tails (heads may be) to it too.
One Gem from this Judgment:
Even the silence of the wife may have an underlying element of an emotional distress and mental agony.
Alright. Little bit of difficulty in travel involved. We will use 20 other grounds, Mr. CJI. We also have clubbing of cases judgment and many more judgments on our side.
Frankly speaking, one has to see the caveat laid by Supreme Court in this judgment. Only when the Prosecution can establish that there was threat to the life and/or limb of the knife due to which the false case if institute out side the Jurisdiction, where the alleged offence has happened as mentioned in the Complaint, this judgment can be gainfully invoked.
The Key element is this “compelled the wife to leave the matrimonial home and take shelter with her parents“. As long as the Prosecution documents do not prima facie exhibit the above criteria, the ground of Territorial Jurisdiction is still a valid ground to see Discharge or Quash from a false case.
Go here.
My Note:
This is a bad judgment because, we all know the complainant may invoke Zero FIR at her place of residence/parental/shelter home which may be transferred to the location where there is actual territorial jurisdiction to the alleged offence. Or the parents or relative or any good Samaritan can file a report under sec 154(1) to a nearby police station, and again that PS has to register a Zero FIR. Moreover, the complaint’s case is fought by the State via Public Prosecutor and the Chief examination is done via affidavit these days and even that may be one of the instances when the complaint has to appear before Court. Due to technological advances which are expedited by COVID-19 pandemic, even the oath taken at such instance can be made via Video conference. Even the Cross can be conducted via Video conference.
Then what was the need to muddle the sacred principle of territorial jurisdiction enshrined under CHAPTER XIII provisions of Cr.P.C.?
Citations: [2019 SCC 5 384], [2019 SCC ONLINE SC 493], [2019 AIR SC 1790], [2019 KLJ 2 601]
Other Source links:
https://indiankanoon.org/doc/78252061/
https://www.legitquest.com/case/rupali-devi-v-state-of-uttar-pradesh/11C400
https://www.casemine.com/judgement/in/5cb00bc54a9326247ab05a22
Deepak Laxminarayan Verma Vs State of Maharashtra on 1 April, 2016
In this order from Bombay High Court, it is ruled out that based on evidence that knife is working, inferences cannot be taken for the income being earned. Similar situation when reversed, husband’s property/business are expected to give returns and that can be inferred and ass-umed.
Wah bhai High Courat. Tumhaaraa kaarname kamaal ki hey.
[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]
Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016
I am going to start the first of the DV cases from West Godavari district with this case which resulted in a key judgment from Hon’ble Supreme Court wherein it was held that courts can allow amendments to the complaint so as to avoid multiplicity of cases and remove infirmities. Read it here. Later on, on 12 August, 2016, the trial court allowed some reliefs in this DV Case.
See the Bullshit reasoning given by magistrate
Admittedly, the parents of P.W.1 have no indigent status and they are financially stable. In such a case, it is likely that the parents of P.W.1 have paid the dowry amount to R.W.1 at the time of marriage. Dowry system is rampant in the Indian society even umpteen number of legislations. Therefore, the probability and plausibility factor coupled with the verbal testimony of P.W.1 impels the court to place implicit reliance upon the testimony of P.W.1 regardless of documentary evidence.
Some more BS sprinkled herein Para 9,
The substantial revelation from para 4 of the counter of R.W.1 is that “the complainant is a kondakapu which is schedule tribe by caste and with a lenient view the respondent married the complainant without taking dowry amount”. This material drives home the message that R.W.1 married P.W.1 on his own volition without any compulsion. On the other hand, it is not the case of the R.W.1 that P.W.1 disguised her caste. In such a case as to why R.W.1 averred in the counter that P.W.1 is a scheduled tribe by caste. In this context, the argument advanced by the learned counsel for the respondent has workable force and this averment is made in the counter with intent to inflict psychological trauma, sorrow, agony and pain to P.W.1.
Just because RCR under Section 9 of HMA is not filed, judge thinks offer of husband to continue marital ties if knife comes back, is highly pretentious and fake.
It is specifically pleaded in para 20 of the counter that R.W.1 would accord warm welcome to P.W.1, if she comes and joins him. In this context, the counsel for the respondent questioned P.W.1 whether she is willing to join R.W.1, on which she emphatically denied. If in truth R.W.1 has any transparent honesty and righteousness to continue the marital tie without snapping, he would have invoked the coercive provision as envisaged under section 9 of Hindu Marriages Act i.e., for restitution of conjugal rights, however R.W.1 is very much indifferent and inactive and did not offer any solemn explanation as to why he failed to resort to the provisions of section 9 of Hindu Marriages Act. This material makes me to understand that the offer of R.W.1 to continue the marital bond with P.W.1 is highly pretentious and fake.
In contrary, read this BS, when it was questioned, why knife didn’t file IPC 498A criminal case from Para 17 and 18,
The third limb of the argument canvassed by the learned counsel for the respondent is that, if in truth P.W.1 suffered low marital happiness on account of cruelty alleged to have been perpetrated by the respondent, surely she would have set the criminal machinery in motion under section 498-A IPC and this circumstance clearly points out that P.W.1 is guilty of matrimonial misconduct. In this contextual facts, regard must be had to the material forth came from the cross examination of R.W.1. During cross examination R.W.1 affirms that “He deposed in O.P. No.22/2010 on the file of Principal Senior Civil Judge’s Court that P.W.1 is tradition ridden woman and always prays the almighty and she is a big devotee“.
In general the woman who are orthodox and have a firm belief over traditions and old customs may not turn impulsive and aggressive and may not resort to criminals proceedings against their husbands believing that their family reputation will be marred irretrievably and irreplaceably. This material gives some formidable feedback to the court that P.W.1 is highly traditional lady and has traditional approach towards life and due to which reason she might not have lodged complaint against the respondent under section 498-A IPC.
One rule for husband and another philosophy for knife.
Another gem of dogshit here from Para 19. Enjoy…
P.W.1 candidly admits in the cross examination that “ I filed application under section 13 of Hindu marriages Act for seeking the dissolution of marriage on the file of Principle Senior Civil Judge, Eluru and the same was ended in dismissal”. In the normal scheme of things, no married woman who have grown up and marriageable children would not venture to walkout from the marriage and gets her marital life ruined, unless the home atmosphere in the matrimony is uncongenial. This material makes me cognizant that R.W.1 resorted to domestic violence in the shared household.
No application of mind, why this S13 application is dismissed!!!
From Para 20, this is the observation: From this material, it appeals to me that P.W.1 is very sensitive and gullible lady.
Read Para 23 for more fun-filled entertainment.
Now, read the appeals filed by both husband (here) and wife (here). Entire Index is here.
Velpula Kalyani Vs Velpula Venkata Rao on 4 December, 2017
It seems, the burden of proof is pushed onto the husband who has to prove that he didn’t commit DV. This is the essence of this judgment.
Note: The husband was acquitted in the IPC 498A case filed by Knife. Here is the judgment.
Pathan Bazidhunnisa Vs Shaik Shafiul Rahman on 21 July, 2016
Another sh_t of judgment here. Read this entire Para 9 for the entertainment.
As seen the allegations of the petitioner, she was being demanded by the Respondents for want of additional dowry. But there is no proof for that. This Court feels that demanding additional dowry is not an offence. As far as the Domestic Violence Act is concerned, to deal the said offence, there is a separate legislation is enacted. But the quantum of mental agony which an innocent woman faced when she is not in a position to meet the financial requirements of the husband shall have to be understand in the prospective of legislation. The petitioner stated in her evidence that the Respondents harassed her for want of additional dowry. For asking the proof of Domestic Harassment against a woman, is not feasible in all the circumstances. It is depend upon the circumstances of a party. When the husband demands additional dowry, the demand must be took place inside the wall and no third party will have an opportunity to witness the said demand. Logically no husband demands the dowry or other articles in front of others. Obviously, any demand for want of dowry will be took place within four corners of the wall. For proving that fact, evidence may not require. The victim evidence itself is sufficient to prove her case. It is not a standard proof of believing of a particular fact. It is depend upon the circumstances. When the allegation of harassment was depicted by the petitioner herself, the demeanor of the witness manner which she speaks will play a vital role in deciding the case. Because, no third party will have an opportunity to see the harassment alleged to be happened against the petitioner. Therefore, this court feels that Pw1 evidence is alone sufficient to prove her version. If the respondents really did not commit any offence, they should come to the court and defend the case. But the defendants did not choose to put forth their defence in any manner. They fail to attend before this court in all hearing dates. In view of the no challenging the testimony of witness, this court holds the issue in favor of petitioner.
