web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Landmark Case

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Posted on August 10, 2018 by ShadesOfKnife

Hon’ble Supreme Court held that perjury proceedings initiated by Trial Court and High Court does not suffer from any infirmity and as such the petitions were dismissed,

As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement 1 to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001.

Another gem of the mindset of some women and her family members

Learned counsel for the petitioner stated that being a girl of tender age, she was pressurized by her mother and uncle to give a false report. This is at variance with the statement made in court during trial to the effect that she had not reported anything to the police.

Purpose of Section 344, Cr.P.C.

The purpose of enacting Section 344, Cr.P.C. corresponding to Section 479-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as ‘the Old Code’) appears to be further arm the Court with a weapon to deal with more flagrant cases and not to take away the weapon already in its possession. The object of the legislature underlying enactment of the provision is that the evil of perjury and fabrication of evidence has to be eradicated and can be better achieved now as it is open to the courts to take recourse to Section 340(1) (corresponding to Section 476 of the Old Code) in cases in which they are failed to take action under Section 344 Cr.P.C.

Conditions to initiate CrPC 344 proceedings

For exercising the powers under the section the Court at the time of delivery of judgment or final order must at the first instance express an opinion to the effect that the witness before it has either intentionally given false evidence or fabricated such evidence. The second condition is that the Court must come to the conclusion that in the interests of justice the witness concerned should be punished summarily by it for the offence which appears to have been committed by the witness. And the third condition is that before commencing the summary trial for punishment the witness must be given reasonable opportunity of showing cause why he should not be so punished. All these conditions arc mandatory. [See Narayanswamy v. State of Muharashtra, (1971) 2 SCC 182].

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Citations : [2008 SCC 8 34], [2008 KERLT 3 509], [2009 SCJ 1 89], [2009 SCJ 1 396], [2008 AIR SC 2965], [2008 SCR 10 869], [2008 SCALE 10 97], [2008 SLT 6 419], [2008 AIR SC 4989], [2009 MPJR 1 7], [2008 CALCRILR 2 490], [2009 ILR MP 332], [2008 KLD 2 513], [2008 RAJLW 3 2379], [2008 AIOL 814], [2009 BOMCR CRI SC 2 494], [2008 SCC CRI 3 414], [2008 AIC SC 69 189], [2008 AIR SCW 4989], [2008 CRLJ SC 3867]

Other Sources:

https://indiankanoon.org/doc/46073/

https://www.casemine.com/judgement/in/5609ae92e4b01497114142e2

https://www.legalauthority.in/judgement/mahila-vinod-kumari-vs-state-of-m-p-13468

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 344 - Summary procedure for trial for giving false evidence False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Landmark Case Legal Procedure Explained - Interpretation of Statutes Mahila Vinod Kumari Vs State Of M.P Perjury Under Section 340 CrPC | Leave a comment

Savitri Vs Shri Govind Singh Rawat on 9 October, 1985

Posted on August 2, 2018 by ShadesOfKnife

Read for yourself. This is the judgment of Hon’ble Apex Court which held that interim maintenance can be given in a Sec 125 CrPC case.

From Para 6,

6. In view of the foregoing it is the duty of the court to interpret the provisions in Chapter IX of the Code in such a way that the construction placed on them would not defeat the very object of the legislation. In the absence of any express prohibition, it is appropriate to construe the provisions in Chapter IX as conferring an implied power on the Magistrate to direct the person against whom an application is made under section 125 of the code to pay some reasonable sum by way of maintenance to the applicant pending final disposal of the application. It is quite common that applications made under section 125 of the code also take several months for being disposed of finally. In order to enjoy the fruits of the proceedings under Section 125, the applicant should be alive till the date of the final order and that the applicant can do in a large number of cases only if an order for payment of interim maintenance is passed by the court. Every court must be deemed to possess by necessary intendment all such powers as are necessary to make its orders effective. This principle is embodied in the maxim “ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest” (Where anything is conceded, there is conceded also anything without which the thing itself cannot exist). [Vide Earl Jowitt’s Dictionary of English Law, 1959 Edn., p. 1797.] Whenever anything is required to be done by law and it is found impossible to do that thing unless something not authorised in express terms be also done then that something else will be supplied by necessary intendment. Such a construction though it may not always be admissible in the present case however would advance the object of the legislation under consideration. A contrary view is likely to result in grave hardship to the applicant, who may have no means to subsist until the final order is passed. There is no room for the apprehension that the recognition of such implied power would lead to the passing of interim orders in a large number of cases where the liability to pay maintenance may not exist. It is quite possible that such contingency may arise in a few cases but the prejudice caused thereby to the person against whom it is made is minimal as it can be set right quickly after hearing both the parties. The Magistrate may, however, insist upon an affidavit being filed by or on behalf of the applicant concerned stating the grounds in support of the claim for interim maintenance to satisfy himself that there is a prima facie case for making such an order. Such an order may also be made in an appropriate case ex parte pending service of notice of the application subject to any modification or even an order of cancellation that may be passed after the respondent is heard. If a civil court can pass such interim orders on affidavits, there is no reason why a Magistrate should not rely on them for the purpose of issuing directions regarding payment of interim maintenance. The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the allegations in the application or the affidavit are not true, it is always open to the person against whom such an order is made to show that the order is unsustainable. Having regard to the nature of the jurisdiction exercised by a Magistrate under section 125 of the code, we feel that the said provision should be interpreted as conferring power by necessary implication on the Magistrate to pass an order directing a person against whom an application is made under it to pay a reasonable sum by way of interim maintenance subject to the other conditions referred to therein pending final disposal of the application. In taking this view we have also taken note of the provisions of Section 7(2)(a) of the Family Courts Act, 1984 (Act 66 of 1984) passed recently by Parliament proposing to transfer the jurisdiction exercisable by Magistrates under section 125 of the code to the Family Courts constituted under the said Act.

Note: By way on an amendment to Cr.P.C. 1973 in 2001, the Parliament brought the following two Provisos.

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Savitri Vs Shri Govind Singh Rawat on 9 October, 1985

Citations: [1986 AIR SC 984], [1985 AWC SC 11 906], [1986 BOMLR 88 223], [1985 GLH 1184], [1985 MHLJ 976], [1986 PLJR 6], [1985 SCALE 2 697], [1985 SCC 4 337], [1985 SUPP SCR 3 615], [1985 SCC CRI 556], [1985 CRIMES SC 2 872], [1986 CRIMES SC 1 148], [1986 CRLJ SC 41], [1986 CAR 1], [1986 CRLR 1], [1985 BBCJ 160], [1986 MLJ CRI 1 12], [1985 DLT 28 437], [1985 MPLJ SC 662]

Other Sources:

https://indiankanoon.org/doc/1194071/

https://www.casemine.com/judgement/in/5609ac1fe4b014971140e17e

https://vlex.in/vid/special-leave-petition-civil-852326810

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Granted Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Savitri Vs Shri Govind Singh Rawat | Leave a comment

Chaturbhuj Vs Sita Bai on 27 November, 2007

Posted on August 1, 2018 by ShadesOfKnife

A division bench of Apex Court explained who is eligible to claim maintenance u/s 125 Cr.P.C. and under what conditions.

From Para 7,

7. Under the law the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. In the instant case there is no dispute that the appellant has the requisite means. But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife. It has to be established that the wife was unable to maintain herself. The appellant has placed material to show that the respondent wife was earning some income. That is not sufficient to rule out application of Section 125 CrPC. It has to be established that with the amount she earned the respondent wife was able to maintain herself.

Heart and soul of this judgment from Hon’ble Apex Court is in Para 8.

In an illustrative case where wife was surviving by begging, would not amount to her ability to maintain herself. It can also be not said that the wife has been capable of earning but she was not making an effort to earn. Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C. The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. In Bhagwan v. Kamla Devi (AIR 1975 SC 83) it was observed that the wife should be in a position to maintain standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression “unable to maintain herself” does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 Cr.P.C.

Chaturbhuj Vs Sita Bai on 27 November, 2007

Citations: [AIR 2008 SUPREME COURT 530], [2007 AIR SCW 7416], [2008 CRI LJ (NOC) 186], [2008 CRI LJ (NOC) 2], [2008 (1) AIR JHAR R 664], [2008 (1) SRJ 29], [(2008) 1 MH LJ (CRI) 644], [(2008) 1 JCC 486 (SC)], [2008 (1) CALCRILR 416], [2008 (1) SCC(CRI) 356], [2008 (2) CRI RJ 401], [2008 ALL MR(CRI) 860], [2008 (2) SCC 316], [2007 (13) SCALE 402], [2007 (8) SUPREME 525], [(2008) 1 MPHT 13], [(2008) 64 ALLINDCAS 735 (CHH)], [(2008) 1 CGLJ 228], [(2008) 1 CHANDCRIC 27], [(2008) 1 DMC 22], [(2008) 1 CIVILCOURTC 233], [(2008) 2 GUJ LR 1159], [(2008) 1 HINDULR 130], [(2008) 2 JAB LJ 70], [(2008) 1 MADLW(CRI) 615], [(2008) 2 MAD LJ 481], [(2008) 1 MAD LJ(CRI) 1400], [(2008) 2 MARRILJ 605], [(2008) MATLR 775], [(2008) MATLR 165], [(2008) 39 OCR 383], [(2008) 1 PUN LR 263], [(2008) 1 RAJ LW 142], [(2008) 1 RECCRIR 163], [(2007) 4 CURCRIR 408], [(2008) 1 RECCIVR 136], [(2008) 2 ALLCRIR 1409], [(2008) 3 CGLJ 473], [(2008) 1 CAL LJ 166], [(2008) 1 ALLCRILR 342], [(2008) 105 CUT LT 729], [(2007) 3 JCC 2446 (DEL)], [(2008) 1 KER LT 41], [(2008) 1 RAJ CRI C 35], [2008 CRILR(SC&MP) 1], [(2008) 1 CRILR(RAJ) 1], [2008 CRILR(SC MAH GUJ) 1], [2008 (1) ALD(CRL) 97], [2008 (1) ANDHLT(CRI) 131 SC], [2007 INSC 1190]

Other Sources:

https://indiankanoon.org/doc/1720873/

https://www.casemine.com/judgement/in/5609ae55e4b01497114137ad

https://www.the-laws.com/Encyclopedia/browse/Case?caseId=007002893100&title=chaturbhuj-vs-sita-bai

[Landmark Judgement] Chaturbhuj v/s Sita Bai (2008)


Index Maintenance Judgments under Section 125 Cr.P.C. is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Chaturbhuj Vs Sita Bai CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Knife Be Unable To Maintain Herself Landmark Case Legal Procedure Explained - Interpretation of Statutes PIL - CrPC 125 or BNSS 144 Must Go From Statute Book Reportable Judgement or Order | Leave a comment

Shail Kumari Devi & Anr Vs Krishan Bhagwan Pathak on 28 July, 2008

Posted on August 1, 2018 by ShadesOfKnife

Landmark judgment from Apex Court here around the Sec 125 CrPC and few more details.

From Para 16,

Bare reading of sub-section (1) of Section 125 leaves no room for doubt that if any person having sufficient means, neglects or refuses to maintain his wife who is unable to maintain herself or his legitimate (or illegitimate) child (children) unable to maintain itself (themselves), or his father, or mother, unable to maintain himself or herself, a Court, upon proof of negligence or refusal, order such person to pay maintenance to his wife or child (children) or parents, as the case may be. It is also clear that maximum amount which could be ordered to be paid was Rs.500/- p.m. which was clear from the expression “not exceeding Rs.500/- in the whole”.

From Para 18,

By the Code of Criminal Procedure (Amendment) Act, 2001 (Act 50 of 2001), subsections (1) and (2) came to be amended with effect from September 24, 2001. The amended sub-sections now read thus:

…..

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

How the interim maintenance’ came to be about?

So far as ‘interim’ maintenance is concerned, it is true that Section 125 of the Code as it originally enacted did not expressly empower the Magistrate to make such order and direct payment of interim maintenance. But the Code equally did not prohibit the Magistrate from making such order. Now, having regard to the nature of proceedings, the primary object to secure relief to deserted and destitute wives, discarded and neglected children and disabled and helpless parents and to ensure that no wife, child or parent is left beggared and destitute on the scrap-heap of society so as to be tempted to commit crime or to tempt others to commit crime in regard to them, it was held that the Magistrate had ‘implied power’ to make such order. The jurisdiction of the Magistrate under Chapter IX (Order for Maintenance of Wives, Children and Parents) is not strictly criminal in nature. Moreover, the remedy provided by Section 125 of the Code is a summary remedy for securing reasonable sum by way of maintenance subject to a decree passed by a competent civil Court. Hence, in absence of any express bar or prohibition, Section 125 could be interpreted as conferring power by necessary implication to make interim order of maintenance subject to final outcome in the application.

Golden Words

Again, maintenance is a right which accrues to a wife against her husband the minute the former gets married to the latter. It is not only a moral obligation but is also a legal duty cast upon the husband to maintain his wife. Hence, whenever a wife does not stay with her husband and claims maintenance, the only question which the Court is called upon to consider is whether she was justified to live separately from her husband and still claim maintenance from him? If the reply is in the affirmative, she is entitled to claim maintenance.

Shail Kumari Devi & Anr Vs Krishan Bhagwan Pathak on 28 July, 2008

Citations : [2008 CRLJ SC 3881], [2008 AIR SC 5063], [2008 AIOL 871], [2008 SCR 11 386], [2008 ANJ SC SUPP 2 70], [2009 BOMCR SC SUPP 1 324], [2008 SCC CRI 3 839], [2008 JT 8 227], [2008 SCALE 10 602], [2008 AIR SC 3006], [2008 SCC 9 632], [2008 KERLT 3 576], [2008 AIR SCW 5063]

Other Sources:

https://indiankanoon.org/doc/1952766/

https://www.casemine.com/judgement/in/5609ae64e4b0149711413b53

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 354 - Language and contents of judgment Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 20 - Maintenance From Date of Application Or Petition PWDV Act Sec 20 - Maintenance From Date of Order Reportable Judgement or Order Shail Kumari Devi and Anr Vs Krishan Bhagwan Pathak Statement of Objects and Reasons | Leave a comment

R.P. Kapur Vs State of Punjab on 25 March, 1960

Posted on July 28, 2018 by ShadesOfKnife

Hon’ble Supreme Court has laid down three categories of cases where the inherent jurisdiction could and should be exercised to quash proceedings:

(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.

Conclusion:

It is not a case where the appellant can justly contend that on the face of the record the charge levelled against him is unsustainable.

R.P. Kapur Vs State of Punjab 25 March, 1960

Citation: [1960 AIR 862], [1960 SCR (3) 311], [(1960) 3 SCR 388], [1960 CRLJ SC 1239], [1960 CRILJ 239], [1961 AWR 31 49], [1960 AIR SC 866]

Other Source links: https://indiankanoon.org/doc/1033301/ or https://www.casemine.com/judgement/in/5609ab10e4b014971140b8c1


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 Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Quash Landmark Case Legal Procedure Explained - Interpretation of Statutes Petitioner In Person R.P. Kapur Vs State of Punjab Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014

Posted on July 28, 2018 by ShadesOfKnife

Awesome judgment from Justice J.B.PARDIWALA, at Hon’ble High Court of Gujarat. Excellent analysis and dissection of cunning knife’s mind.

Funny Anecdote #1:

Establishing Jurisdiction:

The sum and substance of the FIR lodged by the respondent No.2 appears to be a matrimonial dispute between the husband and the wife, but as usual, all other family members have been roped in as accused persons. The applicant No.2, Dipikaben, is the wife of the applicant No.1’s brother. I am told that Dipikaben is a widow and she is residing independently at Padra of District Baroda. Dipikaben has a daughter aged about 20 years. The applicant No.3 Hetalben is the niece of the applicant No.1, and is residing at her matrimonial home at Gotri. The applicant No.3 got married in the year 2006, and before her marriage, was residing at Delhi. The applicants Nos. 4 and 5 are the husband and wife, and both are residing at Delhi. The applicant No.4 is one of the brothers of the applicant No.1. The applicant No.6, who is the sister of the applicant No.1, is residing at her matrimonial home at Baroda.

Funny Anecdote #2:

Delay in filing Complaint/FIR:

It appears on a plain reading of the FIR that on her own admission, she had stayed at her matrimonial home upto the year 2004, and thereafter, she left the matrimonial home and started residing at her parental home. The respondent No.2 lodged the F.I.R after a period of four years thereafter i.e. in 2009.

Legal Point #1:

When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto.

One more:

Although the respondent No.2 is much more annoyed with her husband, with an obvious motive, has arrayed all the close relatives of her husband in the FIR. The Police also seems to have recorded stereo-type statements of the witnesses who are none other than the parents and other relatives of the respondent No.2 and has filed a charge-sheet.

Legal Point #3

Thus, it could be seen from the above that the apex Court has noticed the tendency of the married women roping in all the relatives of her husband in such complaints only with a view to harass all of them, though they may not be even remotely involved in the offence alleged.

One more here

In all cases where wife complains of harassment or ill-treatment, Section 498-A of the IPC cannot be applied mechanically. No F.I.R is complete without Sections 506(2) and 323 of the IPC.

Dipakbhai Ratilal Patel Vs State Of Gujarat on 26 September, 2014
Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Arnesh Kumar Vs State Of Bihar and Anr CrPC 482 – Charge Sheet Quashed CrPC 482 – FIR Quashed CrPC 482 – IPC 498A Quashed Dipakbhai Ratilal Patel Vs State Of Gujarat IPC 498a - Not Made Out Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

State Of Orissa Vs Sharat Chandra Sahu & Anr on 8 October, 1996

Posted on July 28, 2018 by ShadesOfKnife

Hon’ble Supreme Court in this judgment held that,

From Paras 10, 11

10. Sub-section (4) of this Section clearly provides that where the case relates to two offences of which one is cognizable, the case shall be deemed to be a cognizable case notwithstanding that the other offence or offences are non-cognizable.
11. Sub-section (4) creates a legal fiction and provides that although a case may comprise of several offences of which some are cognizable and others are not, it would not be open to the police to investigate the cognizable offences only and omit the non-cognizable offences. Since the whole case (comprising of cognizable and non-cognizable offences) is to be treated a cognizable, the police had no option but to investigate the whole of the case and to submit a chargesheet in respect of all the offences, cognizable or noncognizable both, provided it is found by the police during investigation that the offences appear, prima facie, to have been committed.

 

State Of Orissa Vs Sharat Chandra Sahu & Anr on 8 October, 1996
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 155 - Information as to Non-Cognizable Cases and Investigation of Such Cases Landmark Case State Of Orissa Vs Sharat Chandra Sahu and Anr | Leave a comment

Ushaben Vs Kishorbhai Chunilal Talpada & Ors on 23 March, 2012

Posted on July 28, 2018 by ShadesOfKnife

Hon’ble Apex Court has in this judgment held that,

Legal Point #1:

The above provisions indicate that whereas Section 190(1) empowers the Magistrate to take cognizance of any offence, upon receiving complaint of facts which constitute such offence; upon police report of such facts; upon information received from any person other than a police officer or upon his knowledge that such offence has been committed, Section 198 which relates to prosecution of offences against marriage brings in the concept of complaint by an aggrieved person and Section 198(1)(c) explains how far the scope of term ‘aggrieved person’ can be extended in the context of offence under Section 494 of the IPC.

Legal Point #2:

A conjoint reading of the above provisions makes it clear that a complaint under Section 494 of the IPC must be made by the aggrieved person. Section 498A does not fall in Chapter XX of the IPC. It falls in Chapter XXA. Section 198A which we have quoted hereinabove, permits a court to take cognizance of offence punishable under Section 498A upon a police report of facts which constitute offence. It must be borne in mind that all these provisions relate to cognizance of the offence by the court.

Therefore,

Above provisions, lead us to conclude that if a complaint contains allegations about commission of offence under Section 498A of the IPC which is a cognizable offence, apart from allegations about the commission of offence under Section 494 of the IPC, the court can take cognizance thereof even on a police report.

 

In addition to CrPC 155(4), legislature brought in CrPC 198A specific to IPC 498A.

 

Ushaben Vs Kishorbhai Chunilal Talpada & Ors on 23 March, 2012
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 190 - Cognizance of Offences by Magistrates CrPC 198(1) - Prosecution for Offences Against Marriage CrPC 198A - Prosecution of offences under section 498A of the Indian Penal Code IPC 494 - Marrying again during life-time of husband or wife Landmark Case Ushaben Vs Kishorbhai Chunilal Talpada and Ors | Leave a comment

Sachin Vs Sau. Sushma on 6 May, 2014

Posted on July 26, 2018 by ShadesOfKnife

Hon’ble High Court of Bombay in this judgment for recovering maintenance amount, has held that

From Para 5,

Therefore, it is abundantly clear that basically the learned Magistrate has to follow the procedure laid down in the Code of Criminal Procedure for recovery of maintenance either final or interim. Subsection (2) of Section 28 of the Protection of Women from Domestic Violence Act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the Protection of Women from Domestic Violence Act, 2005. If the procedure is available in Code of Criminal Procedure, that is necessarily to be followed.

From Para 9,

As such the first option available to the Magistrate was to issue a warrant for levying fine. If whole of the amount was recovered by adopting the procedure under Section 421 of the Code of Criminal Procedure, the question of putting the defaulter in prison did not arise. In case amount was not recovered or part of it was recovered and part of it was not recovered, then the question would have arisen as to how much sentence should be imposed on the defaulter as per the provision laid down in the Code of Criminal Procedure. The stage of issuing warrant comes only after sentencing and not before that.

Sachin Vs Sau. Sushma on 6 May, 2014
Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 125(3) or BNSS 144(3) - No Automatic Arrest on Failure To Pay Maintenance CrPC 421 - Warrant for levy of fine CrPC 482 - Quash Follow CrPC 421 For Maintenance Recovery Landmark Case Legal Procedure Explained - Interpretation of Statutes No Automatic Arrest Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 28(2) - No NBW Allowed Sachin Vs Sau. Sushma | Leave a comment

U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009

Posted on July 23, 2018 by ShadesOfKnife

Hon’ble Supreme Court has held that, a concubine is not a relative to the husband of the knife, with regards to IPC 498A.

The word ‘cruelty” having been defined in terms of the aforesaid explanation, no other meaning can be attributed thereto. Living with another woman may be an act of cruelty on the part of the husband for the purpose of judicial separation or dissolution of marriage but the same, in our opinion, would not attract the wrath of Section 498A of the Indian Penal Code.

Meaning or definition of “relative”:

In the absence of any statutory definition, the term ‘relative’ must be assigned a meaning as is commonly understood. Ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew or niece, grandson or grand-daughter of an individual or the spouse of any person. The meaning of the word ‘relative’ would depend upon the nature of the statute. It principally includes a person related by blood, marriage or
adoption.

The word ‘relative’ has been defined in P. Ramanatha Aiyar Advanced Law Lexicon – Volume 4, 3rd Edition as under :-
“Relative, “RELATIVE” includes any person related by blood, marriage or adoption. [Lunacy Act ].
The expression “RELATIVE” means a husband wife, ancestor, lineal descendant, brother or sister. [Estate Duty Act].

“RELATIVE” means in relation to the deceased,
a) the wife or husband of the deceased;
b) the father, mother, children, uncles and aunts of the deceased, and
c) any issue of any person falling, within either of the preceding sub-clauses and the other party to a marriage with any such person or issue [Estate Duty Act].
A person shall be deemed to be a relative of another if, and only if, –
a) they are the members of a Hindu undivided family, or
b) they are husband and wife; or
c) the one is related to the other in the manner indicated in Schedule I-A [Companies Act, 1956].

“RELATIVE” in relation to an individual means –
a) The mother, father, husband or wife of the individual, or
b) a son, daughter, brother, sister, nephew or niece of the individual, or
c) a grandson or grand-daughter of the individual, or
d) the spouse of any person referred to in subclause (b) [Income tax Act].

“RELATIVE” means –
1) spouse of the person ;
2) brother or sister of the person ;
3) brother or sister of the spouse of the person;
4) any lineal ascendant or descendant of the person;
5) any lineal ascendant or descendant of the spouse of the person; [Narcotic Drugs and Psychotropic Substances Act].”

From Para 18,

By no stretch of imagination a girl friend or even a concubine in an etymological sense would be a ‘relative’. The word ‘relative’ brings within its purview a status. Such a status must be conferred either by blood or marriage or adoption. If no marriage has taken place, the question of one being relative of another would not arise.

U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009

Citations: [2009 ACC 67 903], [2009 SCC 6 787], [2009 SCC CRI 3 36], [2009 AIR SC 0 3491], [2009 SUPREME 3 797], [2009 RCR CRI 2 923], [2009 SCC 6 757], [2009 KERLT 2 686], [2009 MLJ CRI 2 1079], [2009 DMC 1 887], [2009 SLT 4 462], [2009 CUTLT SUPPL 1126], [2009 AIOL 675], [2009 AIR SC 1451], [2009 ANJ SC 2 16], [2009 BOMCR CRI SC 3 845], [2009 CRIMES SC 2 357], [2009 JT 7 222], [2009 SCALE 7 149], [2009 SCR 7 902], [2009 AIR SCW 3491], [2009 CRLJ SC 2974]

Other Sources:

https://indiankanoon.org/doc/953117/

https://www.casemine.com/judgement/in/5609aec9e4b0149711414c47

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision IPC 498a - Not Made Out Is Not Relative Of Husband Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order U.Suvetha Vs State By Insp.Of Police and Anr | Leave a comment

Post navigation

  • Older posts
  • Newer posts

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ncbn

N Chandrababu Naidu

Verified account @ncbn ·
2 Oct

A heartfelt thank you to Anant Ambani Ji for coming forward to establish the Indian School of Agriculture in Rayalaseema, Andhra Pradesh.

Your commitment to empowering our farmers, strengthening agriculture and transforming Rayalaseema into a global horticulture hub is deeply

Reply on Twitter 2105992083903553676 Retweet on Twitter 2105992083903553676 1201 Like on Twitter 2105992083903553676 12380 X 2105992083903553676
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
m9news_

M9 NEWS

Verified account @m9news_ ·
2 Oct

నన్ను "ఆంధ్ర బిడ్డ"గా భావించండి!

Chandrababu Naidu garu.. Andhra Pradesh కోసం నేను ఏం చేయాలో చెప్పండి

- #AnantAmbani @ncbn

Reply on Twitter 2105911996160077995 Retweet on Twitter 2105911996160077995 1683 Like on Twitter 2105911996160077995 13034 X 2105911996160077995
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
telugu360

Telugu360

Verified account @telugu360 ·
2 Oct

నన్ను ఆంధ్ర బిడ్డగా భావించండి: అనంత్ అంబానీ

“Chandrababu Naidu Garu, today, I request you to treat me as a son of Andhra and direct me on how I can contribute to your beautiful state.”

#AnanthAmbani #Chandrababu

Reply on Twitter 2105912917908676893 Retweet on Twitter 2105912917908676893 1565 Like on Twitter 2105912917908676893 18875 X 2105912917908676893
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
iloveindia_007

I Love India ✌️

Verified account @iloveindia_007 ·
2 Oct

వెళ్ళోస్తాను బాబుగారు,ఆశీర్వదించండి🙏🙏....
సభ మొదలైన దగ్గర నుంచి వీడ్కోలు సమయం వరకు దాదాపు రెండున్నర గంటలు పైగా బాబుగారితో కలుపుకోలుగా,మర్యాదపూర్వకంగా మసలుకుంటూ ఆహూతులందరి మనస్సులు గెలిచిన"అనంత్ అంబానీ"గారు🥰🥰

Reply on Twitter 2106000399140532673 Retweet on Twitter 2106000399140532673 197 Like on Twitter 2106000399140532673 1602 X 2106000399140532673

Recent Posts

  • Supreme Court: PF and employee share-plan deductions cannot shrink the income used to assess child maintenance September 29, 2026
  • Pradeep Ram Vs State of Jharkhand and Anr on 1 Jul 2019 September 24, 2026
  • Video Conferencing Links of District Judiciary of Andhra Pradesh September 24, 2026
  • Practical Solutions Inc Vs State of Telangana and Ors on 19 Jan 2026 September 24, 2026
  • Md. Mashood and Ors Vs State of UP and Ors on 25 Feb 2026 September 24, 2026

Most Read Posts

  • Appeal, Revision and Review Explained (2,098 views)
  • How Courts Quash Omnibus Allegations in Matrimonial FIRs - Case Study (1,568 views)
  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 (1,181 views)
  • Application for Exemption from Personal Appearance During Investigation – Format, Procedure & Sample Draft (1,069 views)
  • Application for Modification of Bail Conditions – Format, Procedure & Sample Draft (942 views)
  • Myth vs Reality: Bail in 498A Cases – Legal Position Explained (931 views)
  • Exemption Application Under Section 205 CrPC – Format, Procedure & Sample Draft (889 views)
  • Representation for Deletion of Name from FIR – Format, Procedure & Sample Draft (874 views)
  • Pune Bar Association Vs Union of India on 22 May 2026 (806 views)
  • Life Cycle Stages of a Criminal Writ Petition Before a High Court (767 views)

Tags

Reportable Judgement or Order (446)2-Judge (Division) Bench Decision (431)Legal Procedure Explained - Interpretation of Statutes (389)Landmark Case (387)1-Judge Bench Decision (376)Catena of Landmark Judgments Referred/Cited to (302)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (102)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (72)Perjury Under Section 340 CrPC (71)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)Abuse Or Misuse of Process of Court (43)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (767)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (190)High Court of Delhi Judgment or Order or Notification (167)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (85)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (59)General Study Material (56)Assorted Court Judgments or Orders or Notifications (54)High Court of Punjab & Haryana Judgment or Order or Notification (53)High Court of Kerala Judgment or Order or Notification (48)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Telangana Judgment or Order or Notification (29)High Court of Calcutta Judgment or Order or Notification (28)

Recent Comments

  • ShadesOfKnife on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings – Legal Remedies
  • pradeep jain on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings – Legal Remedies
  • Lawyer Sonia on Regular Bail Application Format (Section 437/439 CrPC)
  • vinod gupta on Reply to Section 41A CrPC Notice – Format with Legal Explanation
  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy

Archives of SoK

  • September 2026 (13)
  • August 2026 (6)
  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS feed: Cloudflare Status Cloudflare Status

  • MAA (Chennai) on 2026-10-29 October 29, 2026
    Sep 17, 17:11 UTCScheduled - We will be performing scheduled maintenance in MAA (Chennai) datacenter between 2026-10-29 21:00 and 2026-10-30 01:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users in the affected region. For PNI / CNI customers […]
    Cloudflare Status

RSS feed: List of Spam Server IPs from Project Honeypot List of Spam Server IPs from Project Honeypot

  • 83.147.217.103 | SD October 4, 2026
    Event: Bad Event | Total: 188 | First: 2026-09-18 | Last: 2026-10-04
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 2663 access attempts in the last 7 days.

pixel