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True Colors of a Vile Wife

Tag: Justice Shiv Narayan Dhingra

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Posted on May 15 by ShadesOfKnife

Hon’ble Delhi High Court had issued certain guidelines to be followed for issuing Look Out Circulars.

A. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.

B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

C. The person against whom LOC is issued must join investigation by appearing I.O or should surrender the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

D. LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Citations : [2010 JCC 4 2401], [2010 ILR DEL 6 706], [2010 DMC 2 666], [2010 CCR 4 134], [2010 SCC ONLINE DEL 2699]

Other Sources :

https://indiankanoon.org/doc/26846768/

https://www.casemine.com/judgement/in/56ea8d9d607dba371ebca94a

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Issued or Recommended Guidelines or Directions Justice Shiv Narayan Dhingra Landmark Case Legal Procedure Explained - Interpretation of Statutes Look Out Circular Notices Reportable Judgement or Order Sumer Singh Salkan Vs Asstt Director and Ors | Leave a comment

Rampyari and Ors Vs Ms Kamlesh on 09 Mar 2010

Posted on October 21, 2020 by ShadesOfKnife

Justice Shri Shiv Narayan Dhingra ji fined 25K INR to be paid to the Respondent, due to the delay tactics employed by Petitioner/her Advocate in dragging on the case…

Rampyari and Ors Vs Ms Kamlesh on 09 Mar 2010
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Fine For Delay Tactics Justice Shiv Narayan Dhingra Prevent Delays In Court Proceedings Rampyari and Ors Vs Ms Kamlesh | Leave a comment

Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010

Posted on June 14, 2020 by ShadesOfKnife

Justice Dhingra held as follows

From Para 4,

4. A perusal of Domestic Violence Act shows that Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws. While, the Act specifies the duties and functions of protection officer, police officer, service providers, magistrate, medical facility providers and duties of Government, the Act is silent about the duties of husband or the duties of wife. Thus, maintenance can be fixed by the Court under Domestic Violence Act only as per prevalent law regarding providing of maintenance by husband to the wife. Under prevalent laws i.e. Hindu Adoption & Maintenance Act, Hindu Marriage Act, Section 125 Cr.P.C – a husband is supposed to maintain his un-earning spouse out of the income which he earns. No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage. If the husband was BSc. and Masters in Marketing Management from Pondicherry University, the wife was MA (English) & MBA. If the husband was working as a Manager abroad, the wife with MBA degree was also working in an MNC in India. Under these circumstances, fixing of maintenance by the Court without there being even a prima facie proof of the husband being employed in India and with clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary to law and not warranted under provisions of Domestic Violence Act.

From Para 5,

5. We are living in an era of equality of sexes. The Constitution provides equal treatment to be given irrespective of sex, caste and creed. An unemployed husband, who is holding an MBA degree, cannot be treated differently to an unemployed wife, who is also holding an MBA degree. Since both are on equal footing one cannot be asked to maintain other unless one is employed and other is not employed. As far as dependency on parents is concerned, I consider that once a person is grown up, educated he cannot be asked to beg and borrow from the parents and maintain wife. The parents had done their duty of educating them and now they cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves.

From Para 6,

6. It must be remembered that there is no legal presumption that behind every failed marriage there is either dowry demand or domestic violence. Marriages do fail for various other reasons. The difficulty is that real causes of failure of marriage are rarely admitted in Courts. Truth and honesty is becoming a rare commodity, in marriages and in averments made before the Courts.

Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010

Citations: [2010 DRJ 118 385], [2010 DLT 171 644], [2010 RCR CRI 7 1287], [2010 AD DEL 7 615], [2011 CIVCC 1 209], [2010 DMC 2 574], [2010 SCC ONLINE DEL 2912], [2011 ILR DEL 1 58],

Other Source links: https://www.casemine.com/judgement/in/56090d69e4b0149711179b26

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Justice Shiv Narayan Dhingra PWDV Act Sec 23 - Interim Maintenance Order Set Aside Sanjay Bhardwaj and Ors Vs The State and Anr | Leave a comment

Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008

Posted on January 18, 2020 by ShadesOfKnife

My favorite Judge, Shri Shiv Narayan Dhingra ji had delivered this gem of an order.

9. Before parting with this case, I consider it necessary to pen down that one of the reasons for overflowing of Court dockets is the frivolous litigation in which the Courts are engaged by the litigants and which is dragged as long as possible. Even if these litigants ultimately loose the lis, they become the real victors and have the last laugh. This class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts must be made to pay the sufferer not only the entire illegal gains made by them as costs to the person deprived of his right and also must be burdened with exemplary costs. Faith of people in judiciary can only be sustained if the persons on the right side of the law do not feel that even if they keep fighting for justice in the Court and ultimately win, they would turn out to be a fool since winning a case after 20 or 30 years would make wrong-doer as real gainer, who had reaped the benefits for all those years. Thus, it becomes the duty of the Courts to see that such wrong-doers are discouraged at every step and even if they succeed in prolonging the litigation due to their money power, ultimately they must suffer the costs of all these years long litigation. Despite settled legal positions, the obvious wrong-doers, use one after another tier of judicial review mechanism as a gamble, knowing fully well that dice is always loaded in their favour, since even if they lose, the time gained is the real gain. This situation must be redeemed by the Courts.

Padmawati and Ors Vs Harijan Sewak Sangh and Ors on 06 November 2008

Citations: [154 (2008) DLT 411],

Other Source links: https://www.casemine.com/judgement/in/56e66a48607dba6b53436039


The appeal filed at Supreme Court is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Justice Shiv Narayan Dhingra Legal Terrorism Padmawati and Ors Vs Harijan Sewak Sangh and Ors Perjury - Forged Evidence or False Statements on Oath or False Affidavit Submitted Perjury Under 340 CrPC

Kaveri Vs Neel Sagar and Anr on 25 October, 2010

Posted on December 30, 2019 by ShadesOfKnife

Shri Shiv Narayan Dhingra ji again comes to the rescue of a mother and a brother from the false case laid by cunning sister, who didn’t claim that she is unable to maintain herself.

Kaveri Vs Neel Sagar and Anr on 25 October, 2010

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/141414000/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Able To Maintain Herself Inability to Maintain Self Not Testified Justice Shiv Narayan Dhingra Kaveri Vs Neel Sagar and Anr

Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010

Posted on December 17, 2019 by ShadesOfKnife

The US-Resident Dumbo filed DV Case to grab up her father’s property that he had made into the name of his grandson. Shri Shiv Narayan Dhingra ji of Delhi High Court has delivered this judgment wherein the false claim of a woman was crushed due to lack of Shared Household criteria by showing her, her right place and dismissed this Appeal.

Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010

Citations: [2010 (118) DRJ 707], [MANU/DE/1946/2010], [2010(7) RCR(Criminal) 1145]

Indiankanoon.org link: https://indiankanoon.org/doc/176922704/


Index of all Domestic Violence Cases is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Justice Shiv Narayan Dhingra No Shared Household PWDV Act - Misuse For Property Vijay Verma Vs State NCT of Delhi and Anr

Bhupender Singh Mehra Vs State NCT of Delhi and Anr on 8 October, 2010

Posted on July 21, 2019 by ShadesOfKnife

Shri SN Dhingra ji has held that Magistrate is mandatorily supposed to “to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the “respondent” as given in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 and then only issue notice to them.”

 

Bhupender Singh Mehra Vs State NCT of Delhi and Anr on 8 October, 2010

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Bhupender Singh Mehra Vs State NCT of Delhi and Anr Domestic Incident Report is Not Optional in Case Under PWDV Act Justice Shiv Narayan Dhingra

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

Niraj Trivedi Vs State on 4 January, 2008

Posted on July 13, 2018 by ShadesOfKnife

Another of Shri justice Shiv Narayan Dhingra’s awesome judgments from Hon’ble Delhi High Court. If no cause of action occurred in the jurisdiction of a police, the police may register the case but should transfer the case to the police station with correct jurisdiction.

 

Niraj Trivedi Vs State on 4 January, 2008
Posted in High Court of Delhi Judgment or Order or Notification | Tagged FIR Transferred Instead Of Quash On Jurisdiction Justice Shiv Narayan Dhingra Niraj Trivedi Vs State | Leave a comment

Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007

Posted on July 11, 2018 by ShadesOfKnife

Shri Justice Shiv Narayan Dhingra has delivered this wonderful judgment, clearly affirming that as per settled principles of law, if a FIR quash was requested which was filed at a wrong jurisdiction, the duty of the police SHO is to transfer it to the police station where the correct jurisdiction holds.

Sonu and others Vs Govt. of NCT of Delhi and another on 10 October, 2007

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court FIR Transferred Instead Of Quash On Jurisdiction Justice Shiv Narayan Dhingra Sonu and others Vs Govt. of NCT of Delhi and another | Leave a comment

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