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Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act Sec 12 – Domestic Violence Application to Magistrate

Sharnavva @Kasturi Vs Shivappa on 18 Apr 2023

Posted on July 24 by ShadesOfKnife

A single judge at Kalaburagi bench of Karnataka High Court held as follows,

From Para 10,

10. The Appellate Court ought not to have gone into the validity of the marriage between the petitioner and the respondent, unless and until the validity of the marriage has been challenged by the respondent before the appropriate Court and it is nullified by the competent Court having jurisdiction to pass such order. The Courts while dealing with the maintenance matters, either under Section 12 of the Act or under Section 125 of Cr.P.C. should not go into the validity of the marriage. However, the Court may peruse the evidence of the wife as to whether she is able to maintain herself or not. Once the trial Court appreciated the evidence and passed an order of maintenance, the appellant Court may either modify it or set aside the same in case it is found that the wife is able to maintain herself. If any order passed by the appellant Court regarding the validity of the marriage or otherwise, it dehors its jurisdiction. In the present case, the Appellant Court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the Act, which is beyond its jurisdiction and hence, it is liable to be set aside.

Sharnavva @Kasturi Vs Shivappa on 18 Apr 2023

Citations:

Other Sources:


Index is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Baseless or Convoluted Judgment PWDV Act Sec 12 - Domestic Violence Application to Magistrate Sharnavva @Kasturi Vs Shivappa | Leave a comment

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Posted on April 29, 2022 by ShadesOfKnife

Relying on Supreme Court judgment here, Single bench of Rajasthan High Court at Jodhpur held that non-citizen women residing in India temporarily also are classified as ‘aggrieved person’.

It is noted that as per section 2(a) of the Act of 2005, the definition of ‘aggrieved person’ is given and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before the trial court under the Act of 2005.

Not only this, section 12 of the Act of 2005 provides that even an aggrieved person can prefer an application through protection officer seeking the relief under the Act of 2005.

The fact that the respondent No.2 is resident of Jodhpur for last about 25 years and after having solemnized marriage with the petitioner, the incident which is reported in the complaint also took place at Jodhpur and therefore, in view of definitions enumerated under sections 2 (a) and 12 of the Act of 2005, it is held that the application preferred by the respondent No.2 before the trial court is maintainable. The observations of the Supreme Court in the case of Shyamlal Devda & Ors. V/s Parimala reported in AIR 2020 SC 762 also fortifies the fact of maintainability of the application under section 12 of the Act of 2005 in the present case. Para 10 of the judgment rendered in the case of Shyamlal Devda.

A plain reading of Act of 2005 also reveals that protection under this Act is also extended to the persons who are temporarily resident of India being covered under the definition of aggrieved person as per section 2 (a) of the Act of 2005.
Even Article 21 of the Constitution of India extends the benefit of protection not only to every citizen of this country, but also to a “person” who may not be a citizen of the Country. Article 21 states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Therefore, looked at from that angle, a person aggrieved i.e. respondent No.2 is very much entitled to get protection of section 12 of the Act of 2005.

Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021

Citations:

Other sources:

https://indiankanoon.org/doc/80330536/


Index of DV cases here.

Posted in High Court of Rajasthan Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case PWDV Act 2(a) - Non citizen woman is also an Aggrieved Person PWDV Act Sec 12 - Domestic Violence Application to Magistrate Robarto Nieddu Vs State of Rajasthan and Anr Shyamlal Devda and Ors Vs Parimala | Leave a comment

Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010

Posted on April 1, 2022 by ShadesOfKnife

A Bench at Goa of Bombay High Court, held that, Issues may be framed after Hearing Both Parties in a DVC.

From Para 13,

13. In civil proceedings after perusing the claim and the reply or written statement, issues are framed. Issues are framed when a material proposition of fact or law is affirmed by one party and denied by the other. The object of framing issues plays a distinguished role in a civil proceeding and the whole object is to direct the attention of the parties to the principal questions on which they are at variance and they are required to be framed for the purpose of having the material points in controversy rightly decided, and to bring a finality in the litigation. Unless proper issues are framed, a party who suffers a Judgment on the basis of findings not based on proper issues may have a legitimate grievance to contend that because of such non framing of issues he has been denied the opportunity of leading proper evidence for rebutting relevant facts. Issues can be of fact or of law and the duty is that of the Court to frame the issues. An issue can also be framed on the basis of the reliefs. Although in cases of this nature where there are no pleadings as such and the applications are filed in the prescribed form by ticking the reliefs sought, it would be desirable that the Court after hearing both the parties frames issues on the basis of the reliefs sought by the Petitioner so that each can meet the case of the other and avoid such orders of remand. If this procedure is followed there is no question of any of the reliefs going unnoticed and undecided, like the case at hand. This can also reduce the controversy between the parties, in case the columns in the application, were ticked earlier without much application of mind. 

Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010

Citations :

Other Sources :

https://www.casemine.com/judgement/in/5b683c3b4a932645d86ec147

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order PWDV Act - Framing of Issues after Hearing Both Parties PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

Jennifer Arul Vs Michael Arul

Posted on March 28, 2021 by ShadesOfKnife

 

This is the contempt proceeding under which husband was sent to 3 months simple/civil imprisonment for failing to pay maintenance.

Jennifer Arul Vs Michael Arul on 22 Mar 2021

This is the Review Petition filed by wife

Jennifer Arul Vs Michael Arul on 12 Dec 2018

 

Michael Arul Vs Jennifer Arul on 26 Oct 2017

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu Case

Posted on November 14, 2020 by ShadesOfKnife

Here is the list of the cases fought by this couple. It is just a hilarious case that there are 11 Respondents arraigned in this case. Go figure!

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 : (SC says, amendments in petitions can be allowed, before Court takes cognizance of the case)
  2. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016 : (Trial Court doles of relief after relief supported by BS)
  3. Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018 : (Husband files appeal at Sessions; return of dowry amount of Rs.3.00 Lakhs and compensation amount of Rs.15.00 Lakhs set aside; despite no evidence for DV, but Monthly maintenance of Rs.10,000/- is confirmed anyways)
  4. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018 : (Wife files appeal at Sessions seeking enhancement in monthly maintenance; Dismissed)
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Amendment In Criminal Case Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu PWDV Act Sec 12 - Domestic Violence Application to Magistrate Summary Post | Leave a comment

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Posted on October 27, 2018 by ShadesOfKnife

A peculiar case where the knife filed DV Case on in-laws alone, excluding her husband. The brother-in-law of the knife filed a complaint to police that knife has been filing false cases and police filed a case under IPC 182 after permission from SSP. Knife moved High Court for quash of this case and it was dismissed for lack of merits. Now Supreme Court has set aside this order of High Court and allowed the knife’s petition for quash.

From Para 14,

The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot submit a report that no case is made out. The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. After such enquiry, the Investigating Agency may form a definite opinion and file report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act.

This is where the judge takes a tangential swipe at a DV case to 498A case. Quite peculiar indeed.

Santosh Bakshi Vs State Of Punjab And Ors on 30 June, 2014

Citations : [2015 ALD CRL SC 1 518], [2014 SCC 13 25], [2014 SCC CRI 5 517], [2014 SCC ONLINE SC 495], [2014 AIR SC 2966], [2014 AIC 140 58], [2014 CRI LJ 4069], [2014 AIOL 394], [2014 BOMCR CRI SC 3 426], [2014 CRLJ SC 4069], [2014 JLJR SC 3 263], [2014 JT 8 574], [2014 RCR CRIMINAL SC 4 175], [2014 SCALE 8 226], [2014 AIR SC 4417], [2014 ALT CRI 3 314], [2014 SCJ 8 179], [2014 AIR SCW 4417]

Other Sources :

https://indiankanoon.org/doc/181157487/

https://www.casemine.com/judgement/in/5609af4ce4b0149711416147

https://advocatespedia.com/Santosh_Bakshi_vs_State_Of_Punjab_And_Ors_on_30_June,_2014


The High Court order that is set aside is given below.

Santosh Bakshi Vs State Of Punjab And Others on 12 July, 2013

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate Reportable Judgement or Order Santosh Bakshi Vs State Of Punjab And Ors Sensational Or Peculiar Cases | Leave a comment

Ravuri Sujatha Vs Hanumantha Rao on 29 August, 2016

Posted on June 28, 2018 by ShadesOfKnife

In this case Knife claims to be wife of respondent and he denies same. In this context, this application was moved to receive some documents by the court. and Hon’ble court has held that the documents are received on the record of the case with subject to their proof, relevancy and admissibility.

 

Ravuri Sujatha Vs Hanumantha Rao on 29 August, 2016

Continue here.

Posted in Prakasam DV Cases | Tagged PWDV Act Sec 12 - Domestic Violence Application to Magistrate Ravuri Sujatha Vs Hanumantha Rao | Leave a comment

Shambhu Prasad Singh Vs Manjari on 17 May, 2012

Posted on May 21, 2018 by ShadesOfKnife

This judgment from Delhi High Court clarifies that

a Magistrate, when Petitioned under Section 12 (1) is not obliged to call for and consider the DIR before issuing notice to the respondent. However, if the DIR has already been submitted, that should be considered, in view of the proviso to Section 12 (1).

Shambhu Prasad Singh vs Manjari on 17 May, 2012
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Domestic Incident Report is Optional in Case Under PWDV Act PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

Posted on May 20, 2018 by ShadesOfKnife

In this Gujarat High Court order, Judge denied interim maintenance to Knife as she is already getting maintenance under Section 125 of CrPC.

 

Hemlataben Maheshbhai Chauhan Vs State of Gujarat on 21 October, 2010

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Able To Maintain Herself CrPC 125 - Interim Maintenance Denied CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 125(3) - No Automatic Arrest on Failure To Pay Maintenance Hemlataben Maheshbhai Chauhan PWDV Act Sec 12 - Domestic Violence Application to Magistrate PWDV Act Sec 23 - Interim Maintenance Denied | Leave a comment

Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.

Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:

24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011

Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]

Other Sources :

https://indiankanoon.org/doc/1337239/

https://www.casemine.com/judgement/in/5609af03e4b014971141557d


Another previous judgment cited in this judgment is available here.


Index DV case laws is here.

Posted in Supreme Court of India 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 Inderjit Singh Grewal Vs State Of Punjab and Anr IPC 191 - Giving false evidence IPC 193 - Punishment for false evidence IPC 40 - “Offence” IPC 43 - “Illegal” Landmark Case Legal Procedure Explained - Interpretation of Statutes Mutual Consent Divorce Order Quashed Perjury - Approached Court with Unclean Hands Protection of Women from Domestic Violence Act 2005 PWDV Act - 1 Year Limitation From Date Of Last Offence PWDV Act Sec 12 - Domestic Violence Application to Magistrate | Leave a comment

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