Another dirty judgment, this time from High Court of Delhi.
R D Vs B D on 31 July, 2019Tag: PIL – CrPC 125 Must Go From Statute Book
Monica Morton Vs Durgesh Kumar Pal on 01 August, 2019
Learn how to let perjury go unchecked at the highest level Court in India.
Monica Morton Vs Durgesh Kumar Pal on 01 August, 2019Citations: [
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I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Shome Nikhil Danani Vs Tanya Banon Danani on 22 July, 2019
The order granted by Delhi High Court holding that maintenance is to be paid by husband in both 125 CrPC as well as PWDV Act 2005, is not disturbed by Apex Court.
Shome Nikhil Danani Vs Tanya Banon Danani on 22 July, 2019Delhi High Court order is here.
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
Shome Nikhil Danani Vs Tanya Banon Danani on 11 April, 2019
This judgment from Delhi High Court says, maintenance is payable by husband in both 125 CrPC and later on under PWDV Act 2005.
Shome Nikhil Danani Vs Tanya Banon Danani on 11 April, 2019Reproduced 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
Shabnam Parveen Vs The State of West Bengal & Ors on 24 November, 2017
High Court of Calcutta (appellette side) has held that u/s 36 of PWDV Act, PWDV Act provisions are in addition to existing laws and basing that argument held that since the complainant (Shabnam Parveen) and the respondent are mohammaden, the respondent, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner
Shabnam Parveen Vs The State of West Bengal & Ors on 24 November, 2017Indiankanoon.org link: https://indiankanoon.org/doc/33442063/
Reference: https://www.livelaw.in/muslim-father-in-law-no-obligation-maintain-sons-widow-dv-act-calcutta-hc-read-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
CrPC 125 Must Go From Statute Book. The Prayer
The prayers section should give anyone interested in this PIL, a fair understanding on the attack vector. The detailed analysis is available here. The Thought journey began here.
- Strike down/amend/alter appropriately and sufficiently, the set of Sections 125 to 128 of Code of Criminal Procedure so as to be made applicable to divorced women only, as they are the only class of citizens, who are not covered by the later special enactments in DV Act 2005 and Senior Citizens 2007.
Only the divorced women should be allowed to file for maintenance under Section 125(1) Cr.P.C. along with a copy of the divorce decree. All other classes of citizens those that are in married, widowed, marriage-like relationships, children (both legitimate and illegitimate), parents (senior citizens, adoptive parents, step parents should be barred to file for maintenance under Section 125(1) Cr.P.C. as they are covered by the later special enactments in Section 20(1)(d) of DV Act 2005 and Senior Citizens 2007. Allowing them multiple/ dual reliefs via special laws over and above general law, under same set of facts/allegations against same respondents, is nothing but legally allowing/approving to lead to Res Judicita and this Honorable Court has sufficient power and duty to do the substantial equity and justice.
- Strike down/amend/alter appropriately and sufficiently, the following provisions of 20(1)(d) of DV Act 2005, so as to remove the violative words/phrases – “including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974)”. This follows from the prayer #1 above and is in consequence to the same and helps to strike down the malice/violation of fundamental rights of Senior Citizens, caused by these words/phrases.
- Strike down/amend/alter appropriately and sufficiently, the Senior Citizens Act 2007 so as to remove the violative words/phrases caused by the malice/violation of fundamental rights of Senior Citizens, caused by this words/phrases.
- Section 9(2), hard Ceiling of Maximum monthly maintenance of only Rs.10,000/- in cash can be granted by RDO who is Maintenance Officer.
- Per Section 5(4), Statutory limit imposed on time taken to dispose of the case, which is 90 days.
- This has to be 30 days as in other maintenance laws.
- Per Section 16(1), Any senior citizen or a parent, as the case may be, aggrieved by an order of a
Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal
Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.- This has to be 30 days as in other maintenance laws.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under all these three enactments, in every such case, where the Complainant seeks interim relief of maintenance allowance, invoke the time limit for case disposal available in the statute, mandatorily.
E.g.:
- a) For every application filed under Sec 125(1)(d) of Cr.P.C, invoking second proviso seeking interim relief of maintenance, mandatory invocation of invoking third proviso under Sec 125(1)(d) of Cr.P.C, disposing of the interim maintenance case in 60 days, should be a must.
- b) For every application filed under Sec 23 of DV Act 2005 seeking interim relief of maintenance, mandatory invocation of Sec 12(5) disposing of the main DV application under Sec 12(1) in 60 days, should be a must.
This effectively caters to the needs of the genuine victims with timely relief and hampers the mischief played by fraudulent complainants. They cannot seek one relief of Interim maintenance and not seek another relief of disposal in 60 days. This has to be viewed with an eye of suspicion.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under Section 125 Cr.P.C. enactments, to convert/transfer every such case filed by a non-divorcee/any child(or)children, into a case under DV Act 2005 and dispose of same as per Section 12(5) within 60 days, under the powers of Supreme Court, High Court and Sessions Court u/s 406, 407 and 408 Cr.P.C. respectively, as the case may be.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under Section 125 Cr.P.C. enactments, to convert/transfer every such case filed by any parent(s) or a Senior Citizen, into a case under Senior Citizens Act 2007 and dispose of same as per Section 5(4) within 60 days.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to the Respondents to formulate a comprehensive maintenance enactment, catering to the needs of all the members within a family, who live in a domestic relationship and under a roof of a shared/common household, without discriminating to only certain classes of citizens such as Senior Citizens in India.
- Giving effect to Article 15(1) of Constitution of India is equally important as to giving effect to Article 15(3).
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.
Vikas Bhutani Vs State & Anr on 17 May, 2019
Article 20 of the Constitution of India
20. Protection in respect of conviction for offences
Article 20(2) : It is protection against Double Jeopardy in Criminal cases.
Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015
In this Dipak Misra dole out judgment, even the judicially separated folks are also within the ambit of Aggrieved person. The Hon’ble Supreme Court rejected the view taken by lower courts and held that the status of the parties did not become different due to a decree of judicial separation. There is a distinction between the decree for divorce and the decree of judicial separation. So, the finding of the lower courts, that the parties having been judicially separated, the appellant had ceased to be an aggrieved person, is “wholly unsustainable”.
Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015Citations: [2016 AJR 1 545], [2016 ALD CRL SC 1 46], [2016 CALLT SC 1 17], [2016 JCC SC 1 31], [2016 JLJR 1 93], [2016 LW 3 193], [2016 NCC 1 239], [2016 PLJR 1 158], [2016 SCC 2 705], [2016 WLN SC 1 52], [2015 AD SC 12 101], [2015 CCR SC 4 256], [2015 CRIMES SC 4 384], [2015 DMC SC 3 823], [2015 KLT SC 4 999], [2015 SCALE 12 521], [2015 UC 3 2229], [2015 JT 11 132], [2015 SLT 8 675], [2015 AIOL 4593], [2016 CRLJ SC 330], [2016 SCC CRI 1 810], [2015 SCC ONLINE SC 1229], [2016 GUJ LH 1 1], [2016 AIC 157 198], [2016 ALLCC SC 92 443], [2016 CGLJ SC 1 105], [2016 RCR CRIMINAL SC 1 152], [2016 RCR CIVIL SC 1 151], [2016 SCC CIV 2 223]
Other Source links:
https://indiankanoon.org/doc/124775488/
https://www.casemine.com/judgement/in/5790b3ede561097e45a4e4ac
The index page is here.
Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018
The cunning knife’s appeal against interim maintenance dismissal is again dismissed by Session’s Court.
Vidhya B.G Vs Yeshwanth Kumar on 15 September, 2018This is based on the landmark judgment from Karnataka High Court here.