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True Colors of a Vile Wife

Tag: PWDV Act Sec 29 – Appeal Dismissed On Merits

Harbans Lal Malik Vs Payal Malik on 29 July, 2010

Posted on December 25, 2018 by ShadesOfKnife

This is the Delhi High Court judgment from Shri. Shiv Narayan Dhingra, affirming that in a DV case, respondent can be other family member other than husband and are liable for relief mentioned under Monetary Relief u/s 20 of PWDV Act.

Punch Statement:

The girl and the parents of the girl knew it very well that they had selected a person for marriage with whom the girl was going to live abroad and the matrimonial home and the shared household was going to be outside India. This act of marrying a person settled abroad is a voluntary act of the girl. If she had not intended to enjoy the fat salary which boys working abroad get and the material facilities available abroad, she could have refused to marry him and settled for a boy having moderate salary within India. After having chosen a person living abroad, putting the responsibility, after failure of marriage, on the shoulders on his parents and making them criminals in the eyes of law because matrimonial ties between the two could not last for long, does not sound either legally correct or morally correct. How can the parents of a boy who is working abroad, living abroad, an adult, free to take his own decisions, be arrayed as criminals or respondents if the marriage between him and his wife failed due to any reason whatsoever after few years of marriage. If the sin committed by such parents of boy is that they facilitated the marriage, then this sin is equally committed by parents of the girl. If such marriage fails then parents of both bride and groom would have to share equal responsibility. The responsibility of parents of the groom cannot be more. Shelter of Indian culture and joint family cannot be taken to book only relatives of boy. A woman’s shared household in India in such cases is also her parents’ house where she lived before marriage and not her in-laws’ house where she did not live after marriage.

Another one here:

I am surprised that the Courts below did not give weight to the judgment of New Jersey where parties lived for 7 ½ years but assumed jurisdiction under Domestic Violence Act because of the pure temporary residence (as pleaded by her) of wife in Delhi who is otherwise resident of Hissar. The Court of ASJ wanted that the order of the Court of MM should be honoured by the US while the Court here would not honour a decree of Court of USA where the husband and wife lived for 7 ½ years.

Harbans Lal Malik Vs Payal Malik on 29 July, 2010

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Definition of Family Harbans Lal Malik Vs Payal Malik Justice Shiv Narayan Dhingra Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(q) – ‘Adult Male’ Words Struck Down by SC - Any Person Can Be Respondent In PWDV Case PWDV Act Sec 29 - Appeal Dismissed On Merits | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018

Posted on July 21, 2018 by ShadesOfKnife

In continuation from here, the knife filed for appeal requesting increase in monthly maintenance amount. It is dismissed by holding,

From Para 18,

The learned trial Court has discussed the provisions under the Domestic Violence Act and granted maintenance to the wife. The settled law is that if the wife has no means, unable to maintain herself, certainly, she is entitled for maintenance from her husband. But, in this case, the documents relied upon by the husband under Exs.D-3 to D-5 shows that the wife has got some means to maintain herself. The learned trial Judge after gone through the evidence let in by both the parties and the admissions made by them, considering the present cost of living conditions, granted maintenance to the wife. Under the above circumstances, I do not find any illegality or perversity in the impugned order whatsoever with respect to granting monthly maintenance to the wife.

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018

Index is here.

Posted in West Godavari DV Cases | Tagged Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar PWDV Act Sec 29 - Appeal Dismissed On Merits | Leave a comment

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