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Tag: Justice K C Bhanu

R.Rambilas Vs Anita and Anr on 16 Mar 2009

Posted on May 30 by ShadesOfKnife

Hon’ble Justice K.C. Bhanu had delivered this judgment.

From Paras 4-5,

(4) THE main contention of the learned counsel for the petitioner is that, the first respondent/wife had given up her right to seek maintenance as per agreement dated 16. 11. 1998 and therefore, continuation of the proceedings in the maintenance case is nothing but abuse of process of Court.
(5) ON the other hand, the learned counsel for the first respondent contended that, even a divorced wife is entitled for maintenance; that, the agreement and the divorce were obtained by playing fraud; that, even if any such agreement is there, that will not preclude the first respondent herein from claiming the maintenance. In support of his contention, the learned Counsel relied upon various decisions, which will be referred to, at appropriate time.

From Para 12,

(12) THE learned Counsel for the first respondent also placed strong reliance on a decision in Bai Tahira v. AH Hussain Fissalli Chothia and another, AIR 1979 sc 362, wherein it is held thus : (Para 10)
“the last defence, based on Mehar payment, merits more serious attention. The contractual limb of the contention must easily fail. The consent decree of 1962 resolved all disputes and settled all claims then available. But here is a new statutory right created as a projection of public policy by the Code of 1973, which could not have been in the contemplation of the parties when in 1962, they entered into a contract to adjust their then mutual rights. No settlement of claims which does not have the special statutory right to the divorcee under Section 125 can operate to negate that claim.”

Closure from Paras 14-15,

(14) THEREFORE, from the above decisions, it is clear that, even if there is an agreement which would defeat the provisions of any law, the same cannot be used as a defence in a proceedings under section 125 Cr. P. C.
(15) IN view of the above decisions, it is clear that even if there is such an agreement where under and whereby the parties relinquished her right to maintain, it would not be a bar to file a petition under section 125 Cr. P. C. and therefore, the maintenance case is maintainable and question of quashing the same does not arise.

R.Rambilas Vs Anita and Anr on 16 Mar 2009

Citations : [2009 ALD CRI 1 855]

Other Sources :

https://www.casemine.com/judgement/in/56ea70a6607dba369a6ee51e

https://www.lawyerservices.in/R-Rambilas-Versus-Anita-2009-03-16

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Justice K C Bhanu Legal Procedure Explained - Interpretation of Statutes R.Rambilas Vs Anita and Anr Reportable Judgement or Order | Leave a comment

Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 2012

Posted on June 15, 2020 by ShadesOfKnife

Justice K C Bhanu from AP High Court has held as follows in one of the shortest and cleanest Judgments I have read:

From Para 5,

5. Under Section 3 of the Act if any person, after the commencement of this Act gives or takes or abets the giving or taking of dowry, he shall be punishable. It does not contemplate a demand or coercion or threat made by one person to another for the purpose of giving or taking dowry. Therefore, this provision makes it clear that giving or taking of dowry by any person is an offence. But Section 7(3) of the Act reads thatĀ  notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act. Therefore, Section 3 of the Act is controlled by cl. (3) of Section 7 of the Act. Ordinarily, the personĀ  aggrieved by the offence is the person directly affected or injured. The person aggrieved by the offence is the accused in C.C.No.95 of 2010 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, but not the complainant or the witnesses. Therefore, statement made by a person aggrieved by the offence is any one of the accused, but not the complainant. Hence, Section 7 (3) of the Act has no application to the present facts of the case. In this view of the matter, the petition is liable to be dismissed.

Kudarathullah Khan Vs The State of Andhra Pradesh on 21 March 2012

Citations:

Other Source links:

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged DP Act 3(1) - Giving Taking or Abet to Give or Take is Crime DP Act 7(3) - Protection for Aggrieved Person from Prosecution Justice K C Bhanu Kudarathullah Khan Vs The State of Andhra Pradesh PIL - Dowry Givers should be Prosecuted | Leave a comment

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