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True Colors of a Vile Wife

Tag: Dr.Praveen R Vs Dr.Arpitha K S

Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016

Posted on July 4, 2022 by ShadesOfKnife

After wasting opportunities given, the knife moved an application to file Counter but husband opposed it at Karnataka High Court.

From Paras 3-6,

4. However, insofar as the position of law as to whether the opportunity to file the objection statement can be granted subsequent to the expiry of the period as provided under Order 8, Rule 1 of CPC has in fact been stated by the Hon’ble Supreme Court wherein, it is held that it is only directory and not mandatory. The said decision in Salem Advocate Bar Association -vs- Union of India has also been referred to by the Court below.

From Para 5, (Pass an ex-parte order, what are you waiting for?)

5. In the instant case, though the petitioner contends that the respondent has not putforth any justifiable reasons seeking such opportunity, what cannot be lost sight is that the instant case is a matrimonial dispute where personal allegations would be made by the parties. If that be so, unless such personal allegations as made are controverted and thereafter evidence is available before the Court below, the Court in any event cannot come to an appropriate conclusion. Therefore, if in that light, when it is seen that the petition filed by the petitioner is for annulment of the marriage under Section 12 of the Hindu Marriage Act, 1955, it is more so that the petition averments would have to be controverted and thereafter a conclusion is to be reached. Therefore, in that circumstance, in any event, the Court below was justified in allowing the application and taking on record the objection statement.

Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016

Citations :

Other Sources :

https://indiankanoon.org/doc/135443264/


Index here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CPC Order 8 Rule 1 - Written Statement Dr.Praveen R Vs Dr.Arpitha K S HM Act 12 - Voidable marriages No Consummation of Marriage | Leave a comment

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Posted on June 26, 2022 by ShadesOfKnife

Single bench of Karnataka High Court nailed the perjuror, A medical doctor.

From point c of Para 4,

c) The vehement contention of Mr. Jhadhav, learned Sr. Adv. that a Police investigation is launched against the petitioner-husband for producing copies of IT Returns and other documents of the respondent and therefore, till after its completion, no action for the commission of alleged perjury can be initiated, is bit difficult to countenance, more particularly, when the authenticity of these documents is not disputed even before this Court; in fact the Court below too has recorded a specific finding to this effect; the said Police investigation has nothing to do with perjury allegedly committed by the respondent; act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted.
e) Lastly, heavy reliance placed by Mr. Jhadhav on the decision of Apex Court in V.K.Gupta’s case supra, does not much come to his rescue; there are some observations in the said ruling that recognize greater degree of discretion with the Courts in deciding application of the kind, is true; however, that cannot be construed as a discretion of the Moguls; the sages of law like Lord Halsbury have said that discretion means according to rules of reason & justice; the reason assigned by the Court below for holding petitioner’s subject application to be premature, is unsustainable to say the least; the view of the learned trial Judge that petitioner can move similar application subsequently offends sense of justice; applications of the kind need to be considered on merits at the earliest point of time so that a loud message goes to the unscrupulous section of the litigant public as to what would befall the perjuring parties.

Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021

Citations :

Other Sources :

 

https://www.legitquest.com/case/dr-praveen-r-v-dr-arpitha/1FC5DB

Kar HC | “Act of perjury is treated as a heinous offence in all civilized societies”; Delay in consideration of such complaints can pollute the fountain of justice

https://www.livelaw.in/news-updates/karnataka-hc-perjury-complaints-not-to-be-deferred-wifes-false-maintenance-claim-181709


Index here.

 

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Dr.Praveen R Vs Dr.Arpitha K S Perjury - No need to await Perverse Judicial Order Perjury Under 340 CrPC | Leave a comment

Dr.Praveen R Vs Dr.Arpitha K S Cases

Posted on June 26, 2022 by ShadesOfKnife

Here are the list of cases filed by these people…

  1. Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016 – In a ‘Annulment of marriage due to consummation of marriage by wife’ case, High Court granted opportunity to file the Written Statement/Counter.
  2. Dr.Arpitha K.S. Vs Dr. Praveen R on 16 Jun 2020 – DVC was part allowed due to bad cross-examination.
  3. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 – Perjury allowed.
    • (Master Page for Perjury Judgments here)
  4. Dr.Arpitha K.S Vs Dr.Praveen R on 03 Mar 2022 – Compromised and settled. All cases withdrawn.
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Dr.Praveen R Vs Dr.Arpitha K S No Consummation of Marriage | Leave a comment

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