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True Colors of a Vile Wife

Tag: Civil Courts Decisions Binding Criminal Courts

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Posted on May 11, 2024 by ShadesOfKnife

A single judge of Madras High Court at Madurai Bench, held as follows,

From Paras 22 and 23,

22. In view of Section 41 of the Indian Evidence Act, 1872, if once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. This Court cannot sit in an appeal over the said decree for divorce granted by the Civil court, when the same has not been challenged by the aggrieved party. There can be no difference between a decree on contest and an ex-parte decree, since, like a decree on contest, an ex-parte decree is also a decree passed on proof of the claim made by means of sufficient evidence. It is well known that though simply because the defendant has remained ex-parte, the Court shall not grant decree, unless the claim made in the plaint is proved, by means of evidence either oral or documentary or both. In the case on hand, therefore, there can be no doubt that the decree for divorce granted by the Civil court in favour of the petitioner is sufficient proof that the respondent was living in adultery. When once such a decree is in force, it is not possible for this Court to take a different view contrary to the decree granted by the Civil court. Therefore, I hold that besides, oral evidence let in, in this case, the decree granted by the Family Court clearly goes to prove that the respondent is living in adultery and thus, she suffers from the disqualification to claim maintenance from the petitioner.
23. In view of the foregoing discussion, I hold that the learned Principal Sessions Judge was not right in reversing the order of the Trial Court and therefore, the order of the learned Principal Sessions Judge impugned in this Criminal Revision Case is liable to be set aside.

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Index of Maintenance judgements u/s 125 CrPC is here.

Tagged 1-Judge Bench Decision Civil Courts Decisions Binding Criminal Courts CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife M.Chinna Karuppasamy Vs Kanimozhi | Leave a comment

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015

Posted on July 24, 2018 by ShadesOfKnife

Hon’ble High Court of Rajasthan, has quashed the order of taking cognizance in 498A case and also the FIR. Very good and reasoned judgment.

 

Both husband and knife file separate divorce petitions one after another and then filed MCD too, which got allowed.

 

Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No.3 on 16 April, 2015
Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts CrPC 482 - Quash CrPC 482 – Criminal Proceeding Quashed Dr. Rajneesh Satyadev Rajpurohit Vs Magistrate No. Same Allegations in IPC 498A and Divorce Sandeep Pamarati | Leave a comment

Decisions of Civil Courts are binding on the Criminal Courts

Posted on April 16, 2018 by ShadesOfKnife

Listed here are Judgments in support of legal point

Decisions of Civil Courts are binding on the Criminal Courts

  1. Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
  2. Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016
  3. Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002
  4.  
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Civil Courts Decisions Binding Criminal Courts Legal Procedure Explained - Interpretation of Statutes | Leave a comment

Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016

Posted on April 15, 2018 by ShadesOfKnife

AP High Court delivered this Quash verdict reiterating that ‘Decisions of Civil Courts are binding on the Criminal Courts‘

 

Battula Siva Nageshwar Rao Vs Jasti Venkateswara Rao & Another on 31 March, 2016

 

Read about Section 383 of IPC by clicking here.

Read about Section 427 of IPC by clicking here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts CrPC 482 - Saving of inherent powers of High Court IPC 383 - Extortion Quash | Leave a comment

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Posted on April 15, 2018 by ShadesOfKnife

This is from Punjab and Haryana High Court in a 498A, 406 case.

IPC 498a Not Made Out

The Civil Court in the divorce proceedings filed by Complainant has also held that the allegations levelled against the defendants that they had demanded the dowry and harassed the complainant have been found false.

This Court is of opinion that in such a short span of 13 days, demand of dowry, as has been alleged by the petitioner, could not have been made by the respondent or his family members.

This Court is conscious of a fact that in these days when the number of divorce petitions are increasing in our society, this is one of the easiest allegations to level against the husband by the wife. It is easy to level it but it is very difficult to prove the same.

Judge has allowed the divorce on the ground that the marriage between the parties is a dead marriage.

IPC 406 Not Made Out

There is no specific allegation in the complaint regarding the entrustment of dowry articles as to whom the articles were given. When there is no specific allegation, the charge cannot prove.

Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002

Citations: [2

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Civil Courts Decisions Binding Criminal Courts IPC 406 - Not Made Out IPC 498a - Not Made Out Not Authentic copy hence to be replaced Work-In-Progress Article | Leave a comment

Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970

Posted on April 15, 2018 by ShadesOfKnife

Here is the landmark Supreme Court judgement reiterating that ‘Decisions of Civil Courts are binding on the Criminal Courts‘

 

Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Civil Courts Decisions Binding Criminal Courts Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. Landmark Case | Leave a comment

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