Laljee Yadav Vs The State Of Bihar on 16 September, 2011

Posted on May 10, 2018 by ShadesOfKnife

This is a wonderful judgment explaining the imprisonment of accused who fails to make the maintenance payments to Knife under Sec 125(3) of CrPC.

Noticing the peculiar situation where virtually the petitioner has been made to serve life sentence and the insensitivity of the Judge in the matter, we called for the lower Court records to examine for ourselves the facts because if what is being said by the Principal Judge, Family Court is to be accepted then the petitioner would virtually be serving a life sentence with no remission possible.

What is more scandalous is, as will be shown, petitioner has been kept in prison mechanically and that too for months even without any order of remand by the learned Principal Judge, Family Court.

The Code itself provides by Section 421 for warrant for levy of fine….
… A reference to Section 421 and the proviso would show that it clearly prohibits a person to be imprisoned in execution of warrant levying fine which would simply for recovery of the maintenance and, thus, there is no scope for issuance of any distress warrant for detaining a defaulter husband.

For the purposes of sentencing, the Code has provision in terms of Sections 29 and 30 thereof but the question remains that can there be a sentence straightway upon default being shown. In our view, no.

Unfortunately, in total disregard to the binding precedent, the learned Principal Judge, Family Court proceeded. The result is that the petitioner is being detained in custody ad infinitum which is against the statutory provisions.

Again, this is significant inasmuch as the maintenance being a monthly payment, for each month’s default, defaulter can be sentenced for a month’s imprisonment.

As seen above, the maintenance is to be fixed on monthly basis. The sentence has, accordingly, been limited to a month maximum for each breach.

We, therefore, hold that the detention of the petitioner cannot be justified and is contrary to the scheme as provided under Section 125 (3) of the Code. We have no option accordingly but to direct the immediate release of the petitioner, while quashing the order committing the petitioner to custody and subsequent orders of remand. The writ application is allowed.

Laljee Yadav vs The State Of Bihar on 16 September, 2011

Bobbili Ramakrishna Raju Yadav Vs State of AP Rep. By Its Public on 19 January, 2016

Posted on May 8, 2018 by ShadesOfKnife

A key legal point enunciated by Hon’ble Supreme Court in this judgment.

In Para 13,
Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibition Act.

Bobbili Ramakrishna Raju Yadav & vs State Of A P Rep. By Its Public on 19 January, 2016

Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012

Posted on May 8, 2018 by ShadesOfKnife

This is a popular quash judgment from Hon’ble Supreme Court in a case of IPC 498A, IPC 504, IPC 506 and 3 & 4 of DP Act.

The grounds on which quash is done are

No territorial jurisdiction
No specific allegations on accused
No justification for delay of 7 years in filing complaint

Geeta Mehrotra & Anr vs State Of U.P. & Anr on 17 October, 2012

Indiankanoon.org link: https://indiankanoon.org/doc/125470413/

Citations: [(2012) 10 SCC 741]

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

Banti And Others vs State Of U.P. And Another on 31 August, 2012

Posted on May 5, 2018 by ShadesOfKnife

This is a interesting judgment from Allahabad High court where the Hon’ble Judge has, in detail, elaborated the procedure of application of discharge and various allied aspects such as CrPC 239, CrPC 244, CrPC 245 and CrPC 246.

Banti And Others vs State Of U.P. And Another on 31 August, 2012

K.Srinivas Vs K.Sunita on 19 November, 2014

Posted on May 4, 2018 by ShadesOfKnife

Wonderful judgment from the Hon’ble Supreme Court whereby it is declared that filing a false complaint by Knife on husband and his family constitutes cruelty and this is sufficient ground a marriage can be dissolved.

The prosecution tried these tactics to counter the appeal from Husband

if a specific finding regarding the falsity of the criminal complaint was returned
if the Complainant or a witness on her behalf had committed perjury or had recorded a contradictory or incredible testimony
it is not possible to label the wife’s criminal complaint detailed above as a false or a vindictive action. In other words, the acquittal of the Appellant and his family members in the criminal complaint does not by itself, automatically and justifiably, lead to the conclusion that the complaint was false
the investigation may have been faulty
the prosecution may have been so careless as to lead to the acquittal, but the acquittal would not always indicate that the Complainant had intentionally filed a false case

Hon’ble two-judge bench has destroyed this angle in Para 5.

The Respondent-Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C. It is not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them. This, it seems to us, is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the High Court that the criminal complaint was “ill advised”.

Final nail in the coffin:

Prosecution: the filing of the criminal complaint has not been pleaded in the petition itself by Husband

Supreme Court: the criminal complaint was filed by the wife after filing of the husband’s divorce petition, and being subsequent events could have been looked into by the Court.

This is also called as Counter blast.

In Para 7,

We unequivocally find that the Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty.

K. Srinivas vs K. Sunita on 19 November, 2014

Citations: [2014 SUPREME 8 36], [2015 JLJR SC 1 114], [2014 JT 13 8], [2015 SCC CRI 3 400], [2015 RCR CIVIL SC 1 38], [2014 AIOL 702], [2015 ALLCC 90 808], [2015 ALLMR SC 2 435], [2015 ALR 108 742], [2015 AWC SC 1 80], [2015 SCSUPPL CHN 1 233], [2015 LW 4 671], [2015 OLR 1 267], [2015 PLJR 1 126], [2015 PLR 179 435], [2014 SCC 16 34], [2015 SCC CIV 3 415], [2014 SCC ONLINE SC 915], [2015 AIC 146 107]

Other Source links: https://indiankanoon.org/doc/175889126/ and https://www.casemine.com/judgement/in/5767b12be691cb22da6d57e4

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

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

Posted on April 30, 2018 by ShadesOfKnife

This judgment from a Supreme Court Bench comprising Justice Dalveer Bhandari has enumerated some of the illustrations of mental cruelty citing Judgments of England, America, Canada and Australia.

Intro

The appellant and the respondent are senior officials of the Indian Administrative Service, The respondent was a divorcee and had a female child from her first marriage. The custody of the said child was given to her by the District Court of Patna where the respondent had obtained a decree of divorce against her first husband, Debashish Gupta, who was also an I.A.S. officer. The respondent’s first husband, Debashish Gupta filed a belated appeal against the decree of divorce obtained by her from the District Court of Patna. Therefore, during the pendency of the appeal, she literally persuaded the appellant to agree to the marriage immediately so that the appeal of Debashish Gupta may become infructuous.

The marriage between the parties was solemnized on 13.12.1984.

… In these circumstances, the appellant has prayed that it would not be possible to continue the marriage with the respondent and he eventually filed a suit for the grant of divorce. In the suit for divorce filed by the appellant in Alipur, Calcutta, the respondent filed her written statement and denied the averments. The learned Additional District Judge came to the finding that the appellant has succeeded in proving the case of mental cruelty against the respondent, therefore, the decree was granted by the order dated 19.12.1996 and the marriage between the parties was dissolved.

The Division Bench of the High Court vide judgment dated 20.5.2003 reversed the judgment of the Additional District Judge on the ground that the appellant has not been able to prove the allegation of mental cruelty.

Key Points

Such a vital decision cannot be taken unilaterally after marriage by the respondent and if taken unilaterally, it may amount to mental cruelty to the appellant.

The finding of the High Court that the appellant started living with the respondent amounted to condonation of the act of cruelty is unsustainable in law.

The finding of the High Court that the respondent’s refusal to cook food for the appellant could not amount to mental cruelty as she had to go to office, is not sustainable….. The question was not of cooking food, but wife’s cooking food only for herself and not for the husband would be a clear instance of causing annoyance which may lead to mental cruelty.

The High Court’s finding that the husband and wife might be sleeping in separate rooms did not lead to a conclusion that they did not cohabit and to justify this by saying that the respondent was highly educated and holding a high post was entirely unsustainable. Once the respondent accepted to become the wife of the appellant, she had to respect the marital bond and discharge obligations of marital life.

During illness, particularly in a nuclear family, the husband normally looks after and supports his wife and similarly, he would expect the same from her. The respondent’s total indifference and neglect of the appellant during his illness would certainly lead to great annoyance leading to mental cruelty.

The credibility of the witness does not depend upon his financial standing or social status only. A witness which is natural and truthful should be accepted irrespective of his/her financial standing or social status.

… the appellant and the respondent have been living separately for more than sixteen and half years (since 27.8.1990). The entire substratum of the marriage has already disappeared. During this long period, the parties did not spend a single minute together. The appellant had undergone bye-pass surgery even then the respondent did not bother to enquire about his health even on telephone. Now the parties have no feelings and emotions towards each other.

Mental Cruelty Guidelines

No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive.

(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.

(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.

(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.

(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.

(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.

(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.

(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.

(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.

(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life would not be adequate for grant of divorce on the ground of mental cruelty.

(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.

(xi) If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.

(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.

(xiv) Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty.

Samar_Ghosh_vs_Jaya_Ghosh_on_26_March,_2007

Citations : [2007 SCC 4 511], [2007 SUPREME 3 26], [2007 JT 5 569], [2007 CTC 3 464], [2007 BLJR 2 1047], [2007 RCR CIVIL 2 595], [2007 RAJ 2 177], [2007 ALD SC 4 11], [2007 ALL SCR 0 881], [2007 SCALE 5 1], [2007 SCC 4 411], [2007 SLJ SC 2 705], [2007 ALT 3 62], [2007 DMC 1 597], [2007 SCJ 3 253], [2007 WBLR 3 525], [2007 GHJ 16 204], [2007 KERLT 2 55], [2007 RAJLW 2 1357], [2007 AWC 5 4820], [2007 CLT 2 72], [2007 JCIVC 2 1028], [2007 SLT 4 76], [2007 AIOL 339], [2007 BOMCR SC 6 834], [2007 SCR 4 428], [2007 GUJ LR 2 1520], [2007 MADLJ 2 1185]

Other Sources :

https://indiankanoon.org/doc/766894/

https://www.casemine.com/judgement/in/5609ae45e4b01497114135d2

The index page is here.

Bharat Hegde Vs Saroj Hegde on 24 Apr 2007

Posted on April 20, 2018 by ShadesOfKnife

Another Key Judgement from Delhi High Court elucidating the judicial principles required to be applied while deciding an Interim Maintenance application under Section 24 of Hindu Marriage Act 1955.

This is a case involving the son of Ex CM of Karnataka State of India, Mr. Rama Krishna Hegde.

Section 24 of the Hindu Marriage Act goes a step further inasmuch as it permits maintenance to be claimed by the husband even against the wife.

It should not expose the non applicant to unjust contempt or other coercive proceedings. On the other hand, maintenance should not be so low so as to make the order meaningless.

Tax avoidance is the norm. Tax compliance is the exception in this country. Therefore, in determining interim maintenance, there cannot be mathematical exactitude.

The 11 factors for consideration are:

1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded u/s. 125 Cr.PC is adjustable against the amount awarded u/s. 24 of the Act.”

If the capital asset is an industrial property, a coffee plantation, an orchard or any other agricultural holding, there would be a presumption that the said capital asset is yielding some income. It is not presumed to be a dead asset.
But where the law requires a Judge to form an opinion based on a host of primary data, a Judge can formulate an opinion pertaining to the likely income from the capital assets of the husband.

It is a well recognized principle of law that where a person withholds vital information, a presumption arises against him that had he disclosed the information, the same would have been adverse to him.

Sh. Bharat Hegde vs Smt. Saroj Hegde on 24 April, 2007

Citations : 140 (2007) DLT 16

Other Sources :

https://indiankanoon.org/doc/260066/

G.Chilakamma Vs G.Sattaiah on 20 February, 2003

Posted on April 18, 2018 by ShadesOfKnife

Here is a AP High Court judgment aligning to the principle of fixing 1/3rd of Salary as Maintenance as well as Monthly Interim Maintenance under Hindu Adoptions and Maintenance Act, 1956.

“…finding had been recorded even by the appellate Court that the principle of 1/3rd salary can be taken as the basis for fixing the quantum. Hence, in this view of the matter, the judgment and decree of the Court of first instance granting Rs. 800/- per month are liable to be restored.

The reasons why the difference of amount had been granted for the said period and the subsequent period, had not been recorded. it would be just and reasonable to grant the same quantum of maintenance of Rs. 800/- during the period of pendency of the suit also.

G. Chilakamma Vs G. Sattaiah on 20 February, 2003

Citation : 2003 (4) ALD 219, 2003 (5) ALT 354

Indiankanoon.org link : https://indiankanoon.org/doc/232227/

Decisions of Civil Courts are binding on the Criminal Courts

Posted on April 16, 2018 by ShadesOfKnife

Listed here are Judgments in support of legal point

Decisions of Civil Courts are binding on the Criminal Courts

Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017

Posted on April 14, 2018 by ShadesOfKnife

UPDATE 1:

SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says No To ‘Welfare Committees’

https://www.livelaw.in/breaking-sc-modifies-the-earlier-directions-issued-to-prevent-misuse-of-498a-ipc-says-no-to-welfare-committees/

UPDATE 2:

Few directions given in this judgment are held to be erroneous. Here is the new article.

https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/

UPDATE 3:

In Shivangi Bansal Vs Sahib Bansal on 22 Jul 2025, Division Bench of Apex Court restored the Family Welfare Committees.

The detailed order is available here.

Guidelines issued by Hon’ble Supreme Court:

After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Supreme Court has issued the following directions;

Part 1.

(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

Part 2.

Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

Part 3.

In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

Part 4.

If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

Part 5.
In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

Part 6.

It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;

Part 7.

Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

Part 8. These directions will not apply to the offences involving tangible physical injuries or death.

Read the complete judgment here.

Rajesh Sharma & ors. Vs State of UP and Anr on 27 July, 2017

Citations: [2017 SCC ONLINE SC 821], [2017 AIR SC 3869], [2017 AJR 4 408], [2017 ALLMR CRI 3526], [2017 ALLCC 100 927], [2017 ACR 2 2225], [2017 ALT CRL AP 2 393], [2017 ALD CRL SC 2 568], [2017 BOMCR CRI 3 677], [2017 CGLJ 3 573], [2017 CCR SC 3 211], [2017 CTC 4 667], [2017 DMCSC 2 747], [2017 GLH 2 818], [2017 GLR 3 2430], [2017 ILR KER 3 425], [2017 JLJR 3 180], [2017 JCC 3 1919], [2017 KHC 4 163], [2017 KLJ 3 861], [2017 MLJ CRL 3 602], [2017 PLJR 3 240], [2017 RLW SC 3 2266], [2017 RCR CRIMINAL 3 836], [2017 SCALE 8 313], [2017 SCJ 7 94], [2017 UC 3 1601], [2017 WLN SC 3 81], [2018 SCC 10 472], [2019 SCC CRI 1 3012017 SCR 9 529], [2017 GUJ LR 3 2430], [2017 GUJ LH 2 818], [2017 AIC 177 224], [2017 CRIMES 3 268], [2017 ECRN 3 381], [2018 CRI LJ 3593

Indiankanoon.org link: https://indiankanoon.org/doc/182220573/

News Article:

http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/

Shades of Knife

True Colors of a Vile Wife

Tag: Legal Procedure Explained – Interpretation of Statutes

Laljee Yadav Vs The State Of Bihar on 16 September, 2011

Bobbili Ramakrishna Raju Yadav Vs State of AP Rep. By Its Public on 19 January, 2016

Geeta Mehrotra and Anr Vs State Of U.P. and Anr on 17 October, 2012

Banti And Others vs State Of U.P. And Another on 31 August, 2012

K.Srinivas Vs K.Sunita on 19 November, 2014

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

Bharat Hegde Vs Saroj Hegde on 24 Apr 2007

G.Chilakamma Vs G.Sattaiah on 20 February, 2003

Decisions of Civil Courts are binding on the Criminal Courts

Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017