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: Latha.P.C and Ors Vs State of Kerala and Ors

Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020

Posted on April 3, 2021 by ShadesOfKnife

A single-judge bench of Kerala High Court, while denying to invoke 482 CrPC to quash a DV case based on the landmark judgment here, held as follows. But Supreme Court had taken a different view in the landmark judgment here just a month later.

From Para 8,

8. The Act is a welfare legislation enacted to provide a remedy in civil law for protection of women from domestic violence. The proceedings under the Act are, therefore, essentially civil in nature except in so far as it relate to Section 31 dealing with the breach of protection order issued under the Act
and Section 33 dealing with failure or refusal by Protection Offices in discharging their duties in terms of the orders issued by the Court. As such, in Vijayalekshmi Amma v. Bindu, 2010 (1) KLT 79, this Court held that a party against whom a proceedings is initiated under Section 12 of the Act cannot approach this court for quashing the proceedings, invoking the power of this Court under Section 482 of the Code, and that the power of this Court under Section 482 can be exercised only in appropriate cases either to give effect to any order passed under the Act or to prevent abuse of the process of the court or to secure the ends of justice, when cognizance is taken by the Magistrate for an offence under subsection (1) of Section 31 or Section 33 of the Act.

…

As evident from the extracted paragraphs of the judgement, this Court has held in the said case that a person to whom notice is issued by the Magistrate in an application under Section 12 of the Act can appear before the Magistrate and contend that the proceedings is not maintainable against him, on the ground either that the person who filed the application is not an ‘aggrieved person’ as defined in Section 2(a) of the Act, or that he would not fall within the definition of the ‘respondent’ in Section 2(q) of the Act, or that the allegations do not make out a case of ‘domestic violence’ as defined in Section 2(g) of the Act or that the reliefs sought are not reliefs provided for in the Act. It was also held by this Court in the said case that such contentions as regards the maintainability of the application, if raised, shall be decided by the Magistrate. It was further held by this Court in the said case that so long as the respondent is not an accused in a proceedings initiated under the Act, he is not even obliged to apply for bail in respect of such proceedings and his personal presence is not mandatory for hearing and disposing of an application under Section 12. In the light of the decision of this Court in Vijayalekshmi, according to me, the Criminal M.C. is not maintainable.

Misuse of Social Welfare (Gender-biased) Laws in India:

From Para 9,

9. Despite the findings aforesaid, it is necessary to mention that in so far as the proceedings under the Act are to be dealt with by criminal courts in accordance with the procedure prescribed under the Code, it has become a common practice now to rope in the relatives, at times even distant relatives of the person from whom relief is essentially intended, as respondents in the applications instituted under the Act without any bonafides and with oblique motives, on omnibus and vague allegations, despite various judgements of the Apex Court deprecating that practice. In Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667, the Apex Court has taken note of the said fact and observed that majority of such complaints are filed either on the advice of the lawyers or with their concurrence. Be that as it may. It is also observed that notice is invariably issued to all the respondents in such applications without application of mind as to whether the aggrieved person has made out a case of domestic violence against all of them, as a result of which, it is noticed that some of the proceedings under the Act, where parties are arrayed as respondents without making out a case of domestic violence against them, have become a tool of harassment at the hands of the aggrieved persons to obtain reliefs which they are not entitled to. The statute being a remedial one to protect the women from domestic violence, it has to be enforced having regard to the realities of life. As such, even while taking all endeavours possible to protect the aggrieved persons from domestic violence, the courts have to be extremely cautious and careful to ensure that its powers are not being abused. One of the important steps to be taken towards that direction is to scrutinize the applications meticulously and satisfy that a case of domestic violence as defined in the Act is made out against all the respondents and no one is arrayed as a party to the proceedings on omnibus and vague allegations, so that the court can refrain from issuing notice to them. The provisions in the statute especially Section 28, conferring power on the Magistrate to lay down its own procedure for disposal of an application under Section 12 or under subsection (2) of Section 23 would indicate that the scheme of the statute is that the approach of the courts shall be to enforce the provisions of the Act, keeping in mind the fact that the parties who are close relatives in most of the cases, would at some point of time reconcile their differences and lead a life in harmony and the opportunity for the parties to bring about a settlement of their differences is not lost on account of the steps taken in the proceedings. If proceedings under the Act are permitted to be used as tools of harassment, I have no doubt that the possibility of the parties settling their disputes amicably and leading a life in harmony would be bleak.

Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020

Citations: [2020 SCC ONLINE KER 4238]

Other Sources :

https://indiankanoon.org/doc/126633191/

https://www.casemine.com/judgement/in/5f80abd89fca190ae54bcb50


Index to DV Judgements is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Latha.P.C and Ors Vs State of Kerala and Ors Legal Procedure Explained - Interpretation of Statutes Maintainability Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam No Shared Household Preeti Gupta and Anr Vs State Of Jharkhand and Anr Reportable Judgement or Order | Leave a comment

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
meghupdates Megh Updates 🚨™ @meghupdates ·
24 Jun

Sambhal, Uttar Pradesh | In a key breakthrough in the case involving the alleged sexual assault of a 6-year-old girl, police sniffer dog Mary helped investigators trace the accused monster, Sandeep, within minutes.

A gamcha recovered from the scene was used for scent tracking,

Reply on Twitter 2069765085422374920 Retweet on Twitter 2069765085422374920 380 Like on Twitter 2069765085422374920 2434 X 2069765085422374920
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
telugu360 Telugu360 @telugu360 ·
24 Jun

వాట్సాప్‌లో నన్ను తిట్టేది, పొగిడేది మీరే. పది నిర్ణయాలు తీసుకుంటే మూడు తప్పులు అవ్వచ్చు.. ఆ తప్పులను సరిదిద్దుకుని ముందడుగు వేద్దాం. నన్ను తిట్టిన వారిని నేనెప్పుడూ బ్లాక్ చేయను, వారి ఆవేదనను స్వీకరిస్తా.

నారా లోకేష్

#NaraLokesh

Reply on Twitter 2069778787244576818 Retweet on Twitter 2069778787244576818 86 Like on Twitter 2069778787244576818 574 X 2069778787244576818
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
politicalkida Political Kida @politicalkida ·
21h

In 2018, CPI(M) supporter Debu Das and his wife were burnt alive by TMC goons.

The administration tried to pass it off as a short circuit, while the victims' son was made to wait for hours at police station instead of receiving justice.

Yesterday, the BJP govt arrested 10 TMC

Reply on Twitter 2070048322292007208 Retweet on Twitter 2070048322292007208 545 Like on Twitter 2070048322292007208 1634 X 2070048322292007208
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
rshivshankar Rahul Shivshankar @rshivshankar ·
25 Jun

"THIS ISN'T AN ASIAN PROBLEM IT IS A PAK PROBLEM. IT'S A MISNOMER TO LABEL THEM "ASIAN GROOMING GANGS".
Rupert Lowe, British MP, Founder of UK's fastest growing party "RESTORE BRITAIN" and the man behind the report that exposed the UK's "Pak Rape Gangs" makes a clear and

Reply on Twitter 2069965275093746169 Retweet on Twitter 2069965275093746169 606 Like on Twitter 2069965275093746169 1566 X 2069965275093746169
Load More

Recent Posts

  • RS Tamilvendan Vs The Secretary and Ors on 21 May 2026 June 25, 2026
  • Checklist Before Filing Quashing Petition – Complete Practical Guide June 25, 2026
  • Affidavit of Cooperation with Investigation – Format, Legal Requirements & Sample Draft June 25, 2026
  • Vijay R. Nair Vs Lijitha on 12 Jun 2026 June 24, 2026
  • Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025 June 18, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,953 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,493 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,379 views)
  • Charge Sheet and Final Report Explained (2,835 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,211 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,010 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,948 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,790 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,711 views)
  • Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (1,548 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (415)Legal Procedure Explained - Interpretation of Statutes (382)Landmark Case (381)1-Judge Bench Decision (362)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)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)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)

Categories

Supreme Court of India Judgment or Order or Notification (753)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (328)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (79)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (47)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)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 Gujarat Judgment or Order or Notification (28)High Court of Calcutta Judgment or Order or Notification (27)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • June 2026 (13)
  • 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 Cloudflare Status

  • Increased 5xx errors in the India Region June 25, 2026
    Jun 25, 17:26 UTC Monitoring - A fix has been implemented and we are monitoring the results. Jun 25, 15:14 UTC Identified - The issue has been identified and a fix is being implemented. Jun 25, 14:12 UTC Update - We are continuing to investigate this issue. Jun 25, 14:10 UTC Investigating - Cloudflare is […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 198.244.52.10 | S June 25, 2026
    Event: Bad Event | Total: 30 | First: 2025-08-19 | Last: 2026-06-25
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 1786 access attempts in the last 7 days.

pixel