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Shades of Knife

True Colors of a Vile Wife

Tag: HM Act 25 – Permanent Alimony Denied

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022

Posted on October 5, 2022 by ShadesOfKnife

A division bench of PHHC held as follows, when a knife was in bed with non-husband but wants alimony from husband,

Learned counsel for the appellant has not been able to lead any evidence which could reverse the finding of extra-marital affairs of appellant-wife and respondent No.2. The enquiry report (Ex.P1) coupled with the evidence given by PW4-Rajbir Singh, PW5- Balwinder Singh and PW7-Mohammad Gulab, servant of the respondent-husband’s house consistently proved that appellant-wife was living in adultery.
The only question for consideration now is whether the appellant-wife is entitled for permanent alimony.

Sangeeta Sekhri Vs Sharat Sekhri and Anr on 27 Sep 2022
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband HM Act 25 - No Maintenance or Alimony To Adulterer Wife HM Act 25 - Permanent Alimony Denied Sangeeta Sekhri Vs Sharat Sekhri and Anr | Leave a comment

Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar on 19 October, 2012

Posted on March 23, 2019 by ShadesOfKnife

Cunning knife did drama in court seeking huge alimony but learned Judges of Hon’ble High Court of Andhra Pradesh showed her the door and levied costs for lying to court and filing false affidavits.

From Para 30,

On necessary analysis we find it difficult to accept these observations as it appears that the legislative intendment in framing Section 18 of HAM Act and Section 25 of HM Act are quite different. This is born out from the fact that Section 18 of HAM Act is intended for granting divorce to a wife when her marriage with her husband has been subsisting against her husband subject to the limitations provided therein, whereas Section 25 of HM Act is intended for granting maintenance to a divorced wife or husband subject to their conduct. No doubt, “wife” includes a divorced wife under normal parlance, but the question of awarding maintenance to her either as a wife or divorced wife should be within the legislative intendment or spirit. In other words, when the legislature framed Section 18 of HAM Act in the context of providing maintenance to a wife against her husband while their marriage has been subsisting, that is quite different from its intention in framing Section 25 of HM Act, the provisions of which are made applicable only to a divorced wife or husband subject to the conduct of himself or herself. The interpretation made in the decision cited to treat a wife who is not a divorcee and the wife who is a divorcee on equal footing for the purpose of awarding maintenance under Section 18 of HAM Act does not appear to be logical.

Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar on 19 October, 2012

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Guntamukkala Naga Venkata Kanaka Durga Nagamani Vs Guntamukkala Eswar Sudhakar HAM Act 18 - Interim Maintenance Denied HM Act 25 - Permanent Alimony Denied Sandeep Pamarati | Leave a comment

Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014

Posted on January 14, 2019 by ShadesOfKnife

Another thieving knife bites the dust. No alimony for the knife  due to the conduct of the knife. Hon’ble Allahabad HC delivered this judgment.

From the perusal of the impugned judgment, we also find that after the examination-in-chief of the respondent, no cross-examination was done for a period of three years and as such having no other alternative, the Court closed the opportunity of cross-examination.

And then,

A perusal of the record further indicates that the appellant also moved an application for summoning the witnesses, which was rejected by the learned court below on 28.05.2004. This order was never challenged by the appellant and as such the same attained finality. An application for amendment of the written statement was also moved by the appellant, which was also rejected on 16.01.2004 and this order also became final as the same was not assailed before any Court. In view of above facts that the appellant did not cross-examine the respondent and also did not produce any evidence, the evidence adduced by the respondent stood un-rebutted. The learned court below has relied upon the evidence of the respondent on the ground that the appellant did not rebut the evidence of the respondent either by cross-examination or by adducing any other evidence. However, the law is that even if the evidence of the respondent remains un-rebutted and the appellant does not produce any evidence in defence, it is the duty of the Court to examine the evidence on record and come to a conclusion as to whether the cruelty as alleged by the respondent has been proved and such cruelty is to such an extent that the marriage between the parties should be dissolved by means of a decree of divorce.

Filing false FIR,

The appellant also lodged a false FIR against the respondent and other members of his family with false allegations of demand of dowry etc. upon which the police conducted the investigation and finally submitted final report. This fact is not disputed by the appellant. However, the appellant filed objection against the submission of the final report of the police upon which the Magistrate summoned the respondent and he had to seek bail from the Court of Judicial Magistrate. The Judicial Magistrate after the trial acquitted the respondent and other members of his family, who were falsely implicated in the said case but they had to undergo mental stress for several years before the court.

Alleged alimony demand for divorce,

The learned court below also tried to amicably settle the dispute by calling upon them before the court but the appellant did not agree without being paid a handsome amount by the respondent. The appellant also moved an application for payment of Rs.70,000/- as alimony and it was clearly mentioned in the said application that she would accept the divorce only in case the aforesaid amount is paid to her. This prima-facie indicates that the appellant instead of making any efforts towards amicable settlement always insisted for the alimony.

Here is another para,

Whenever an effort was made for reconciliation, the appellant demanded a handsome amount to settle the matter. Thus, the conduct of the appellant was such that the learned court below did not find it proper to award any permanent alimony. The learned court below on the basis of the evidence has come to the conclusion that the appellant was getting only Rs.3,875/- per month after deduction. The appellant on the other hand was getting salary of Rs.5,631/- per month from Sahara India Office. The learned court below has also found that as required by the Rules, the appellant did not submit any details of her income and keeping in view the income of the appellant as well as that of respondent and also taking into account the conduct of the appellant, she was not entitled for any permanent alimony.

Archana Sharma Vs Mukesh Kumar Sharma on 22 September, 2014

Indiankanoon.org link: https://indiankanoon.org/doc/9174631/

Citation:

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Archana Sharma Vs Mukesh Kumar Sharma HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband HM Act 25 - Permanent Alimony Denied HM Act Sec 14 - No Petition For Divorce Within One Year | Leave a comment

Mr M Vs Mrs M on 7 February 2014

Posted on August 25, 2018 by ShadesOfKnife

In this very good divorce judgment from Hon’ble High Court of Bombay, it is held that the knife caused metal cruelty on husband and his parents for the following reason,

  1. the Appellant established that the Respondent could not substantiate the allegations of cruelty in the criminal case. Even the allegations of cruelty made by the Respondent in the written statement in the present case could not be established by her;

  2. The Appellant and his family members were required to attend Criminal Court on 56 different dates from the year 2001 to 2004. Considering the manner in which the criminal case proceeded, the Appellant and his family members were subjected to humiliation, trauma and agony as set out in the deposition of the Appellant;

  3. The Respondent made a very serious defamatory allegation against the Appellant, both in the written statement and in her evidence, that due to ill treatment by the Appellant, she started suffering from arthritis. The Respondent made no efforts to substantiate the said allegation. Thus, the Respondent made unfounded defamatory allegation against the Appellant;

  4. Not only that the Respondent did not substantiate the said allegation, even the cause of death of her father was not brought on record. Even this allegation is an unfounded defamatory allegation;

Mr M Vs Mrs M on 7 February, 2014

Citations:

Other Source links:


The Index for Defamation Judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 199 - Defamation Divorce granted on Cruelty ground HM Act 13 - Divorce Granted to Husband HM Act 25 - Permanent Alimony Denied IPC 499 - Defamation Mental Cruelty Mr M Vs Mrs M Sandeep Pamarati Work-In-Progress Article | Leave a comment

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