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True Colors of a Vile Wife

Tag: PWDV Act 20 – Maintenance Granted

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Posted on December 12, 2020 by ShadesOfKnife

Single-judge bench held that husband has to pay maintenance even if wife is earning salary and he does not have salary. Just 15 pages. Read yourself.

Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
Posted in High Court of Himachal Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Legal Procedure Explained - Interpretation of Statutes PWDV Act 20 - Maintenance Granted Reportable Judgement or Order Vipul Lakhanpal Vs Pooja Sharma | Leave a comment

Maintenance Judgments

Posted on October 21, 2019 by ShadesOfKnife

Maintenance judgments by Enactment

PWDV Act 2005

No Maintenance under Protection of Women from Domestic Violence Act

Grant of Maintenance under Protection of Women from Domestic Violence Act

 

Hindu Marriage Act

No Maintenance under Hindu Marriage Act

Grant of Maintenance under Hindu Marriage Act

 

125 CrPC

No Maintenance under Section 125 CrPC

 

Others

Grant or Enhancement of Interim Maintenance

No Maintenance to Knife Judgments

 

Maintenance for Limited Time Period here.

 

Maintenance after Mutual Consent Divorce here.

 

Agreements against Public Policy are Void here.


A 2-judge bench of Supreme Court passed guidelines in Rajnesh Vs Neha on how to handle multiple maintenance litigation here.


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments CrPC 125 - Interim Maintenance Denied CrPC 125 - Interim Maintenance Granted CrPC 125 - Maintenance Denied CrPC 125 - Maintenance Granted HM Act 24 - Interim Maintenance Denied HM Act 24 – Interim Maintenance Granted PWDV Act 20 - Maintenance Granted PWDV Act Sec 20 - Maintenance Denied Summary Post

Rachna Kathuria Vs Ramesh Kathuria on 30 August, 2010

Posted on December 8, 2018 by ShadesOfKnife

In this judgment from Hon’ble Delhi High Court, it was held that “If a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in Civil Suit or by Court of MM in an application under Section 125 Cr.P.C. she does not have a right to claim additional maintenance under the

Act. The Court of MM under the Act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under Civil Court or under Section 125 Cr.P.C.”

Why PWDV Act?

Also held “It must be understood that the Protection of Women from Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person. It only puts the enforcement of existing right of maintenance available to an aggrieved person on fast track.”

Rachana Khaturia Vs Ramesh Kathuria on 30 August, 2010

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CrPC 125 - Order for Maintenance of Wives Children and Parents HAM Act 18 - Interim Maintenance Granted HAM Act 23 - Interim Maintenance Granted PIL - CrPC 125 Must Go From Statute Book PWDV Act 20 - Maintenance Granted PWDV Act Sec 29 - Interim Maintenance Enhanced Rachna Kathuria Vs Ramesh Kathuria | Leave a comment

K.Pooja Sri Vs D.Babu on 13 June, 2017

Posted on November 28, 2018 by ShadesOfKnife

Territorial jurisdiction is adjudicated in this order.

K.Pooja Sri Vs D.Babu on 13 June, 2017

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Posted in Chittor DV Cases | Tagged K.Pooja Sri Vs D.Babu PWDV Act 20 - Maintenance Granted PWDV Act Sec 27 - Territorial Jurisdiction | Leave a comment

R.Jyothi Vs K.Chandra Babu on 03 November, 2017

Posted on November 28, 2018 by ShadesOfKnife

Read a nice story in this case.

No reliefs from other respondents as none were requested in the petition.

There is no relief order against respondents 2 to 5 as the petitioner did not asked any relief from respondents 2 to 5.

R.Jyothi Vs K.Chandra Babu on 03 November, 2017

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Posted in Chittor DV Cases | Tagged Ex Parte Order PWDV Act 20 - Maintenance Granted PWDV Act Sec 19 - Residential Order (Rent) Granted R.Jyothi Vs K.Chandra Babu | Leave a comment

T.V.Vyshnavi Vs N.Govindaraj on 12 January, 2017

Posted on November 28, 2018 by ShadesOfKnife

A new story to be heard in this ex parte order. Protection, Maintenance and Compensation orders are granted.

T.V.Vyshnavi Vs N.Govindaraj on 12 January, 2017

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Posted in Chittor DV Cases | Tagged Ex Parte Order PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted T.V.Vyshnavi Vs N.Govindaraj | Leave a comment

N.Sumithra Vs R.K.Govinda Rajulu on 30 October, 2017

Posted on November 28, 2018 by ShadesOfKnife

Another ex parte order in DV case.

A key observation by Magistrate

The Petitioner has also sought for compensation Rs.10,00,000/- from the 1st Respondent. But she did not specify as to on what counts she had sought such compensation. In these circumstances, the mere averment in the Petition is not sufficient to grant compensation to the Petitioner, since the tie between the Petitioner/ Aggrieved Person is sacred the marital tie and it cannot be equated with any business relation wherein the damages or compensation will be paid for breach.

N.Sumithra Vs R.K.Govinda Rajulu on 30 October, 2017

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Posted in Chittor DV Cases | Tagged Ex Parte Order N.Sumithra Vs R.K.Govinda Rajulu PWDV Act 20 - Maintenance Granted | Leave a comment

A.Bharathi Vs K.Bhaskar on 26 July, 2018

Posted on November 28, 2018 by ShadesOfKnife

In this order from Chittor Magistrate court, all 6 respondents were set ex-parte. Just by the deposition/evidence of the knife, the magistrate believed that P.W.1 was subjected to domestic violence by demanding additional dowry.

Nice…

A.Bharathi Vs K.Bhaskar on 26 July, 2018

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Posted in Chittor DV Cases | Tagged A.Bharathi Vs K.Bhaskar Ex Parte Order PWDV Act 20 - Maintenance Granted | Leave a comment

Shaik Sahanaj Begum Vs Shaik Mohammed Rafi on 29 October, 2015

Posted on November 6, 2018 by ShadesOfKnife

Except for a paltry maintenance and residence order, rest of the beggings are dismissed by the Hon’ble Court in this DV Case.

Shaik Sahanaj Begum Vs Shaik Mohammed Rafi on 29 October, 2015

 

Posted in Anantapur DV Cases | Tagged PWDV Act 18 - Protection Order Denied PWDV Act 20 - Maintenance Granted PWDV Act 21 - Custody Denied PWDV Act 22 - Compensation Granted PWDV Act Sec 19 - Residential Order (Rent) Granted Shaik Sahanaj Begum Vs Shaik Mohammed Rafi | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016

Posted on July 20, 2018 by ShadesOfKnife

I am going to start the first of the DV cases from West Godavari district with this case which resulted in a key judgment from Hon’ble Supreme Court wherein it was held that courts can allow amendments to the complaint so as to avoid multiplicity of cases and remove infirmities. Read it here. Later on, on 12 August, 2016, the trial court allowed some reliefs in this DV Case.

See the Bullshit reasoning given by magistrate

Admittedly, the parents of P.W.1 have no indigent status and they are financially stable. In such a case, it is likely that the parents of P.W.1 have paid the dowry amount to R.W.1 at the time of marriage. Dowry system is rampant in the Indian society even umpteen number of legislations. Therefore, the probability and plausibility factor coupled with the verbal testimony of P.W.1 impels the court to place implicit reliance upon the testimony of P.W.1 regardless of documentary evidence.

Some more BS sprinkled herein Para 9,

The substantial revelation from para 4 of the counter of R.W.1 is that “the complainant is a kondakapu which is schedule tribe by caste and with a lenient view the respondent married the complainant without taking dowry amount”. This material drives home the message that R.W.1 married P.W.1 on his own volition without any compulsion. On the other hand, it is not the case of the R.W.1 that P.W.1 disguised her caste. In such a case as to why R.W.1 averred in the counter that P.W.1 is a scheduled tribe by caste. In this context, the argument advanced by the learned counsel for the respondent has workable force and this averment is made in the counter with intent to inflict psychological trauma, sorrow, agony and pain to P.W.1.

Just because RCR under Section 9 of HMA is not filed, judge thinks offer of husband to continue marital ties if knife comes back, is highly pretentious and fake.

It is specifically pleaded in para 20 of the counter that R.W.1 would accord warm welcome to P.W.1, if she comes and joins him. In this context, the counsel for the respondent questioned P.W.1 whether she is willing to join R.W.1, on which she emphatically denied. If in truth R.W.1 has any transparent honesty and righteousness to continue the marital tie without snapping, he would have invoked the coercive provision as envisaged under section 9 of Hindu Marriages Act i.e., for restitution of conjugal rights, however R.W.1 is very much indifferent and inactive and did not offer any solemn explanation as to why he failed to resort to the provisions of section 9 of Hindu Marriages Act. This material makes me to understand that the offer of R.W.1 to continue the marital bond with P.W.1 is highly pretentious and fake.

In contrary, read this BS, when it was questioned, why knife didn’t file IPC 498A criminal case from Para 17 and 18,

The third limb of the argument canvassed by the learned counsel for the respondent is that, if in truth P.W.1 suffered low marital happiness on account of cruelty alleged to have been perpetrated by the respondent, surely she would have set the criminal machinery in motion under section 498-A IPC and this circumstance clearly points out that P.W.1 is guilty of matrimonial misconduct. In this contextual facts, regard must be had to the material forth came from the cross examination of R.W.1. During cross examination R.W.1 affirms that “He deposed in O.P. No.22/2010 on the file of Principal Senior Civil Judge’s Court that P.W.1 is tradition ridden woman and always prays the almighty and she is a big devotee“.

In general the woman who are orthodox and have a firm belief over traditions and old customs may not turn impulsive and aggressive and may not resort to criminals proceedings against their husbands believing that their family reputation will be marred irretrievably and irreplaceably. This material gives some formidable feedback to the court that P.W.1 is highly traditional lady and has traditional approach towards life and due to which reason she might not have lodged complaint against the respondent under section 498-A IPC.

One rule for husband and another philosophy for knife.

Another gem of dogshit here from Para 19. Enjoy…

P.W.1 candidly admits in the cross examination that “ I filed application under section 13 of Hindu marriages Act for seeking the dissolution of marriage on the file of Principle Senior Civil Judge, Eluru and the same was ended in dismissal”. In the normal scheme of things, no married woman who have grown up and marriageable children would not venture to walkout from the marriage and gets her marital life ruined, unless the home atmosphere in the matrimony is uncongenial. This material makes me cognizant that R.W.1 resorted to domestic violence in the shared household.

No application of mind, why this S13 application is dismissed!!!

From Para 20, this is the observation: From this material, it appeals to me that P.W.1 is very sensitive and gullible lady.

Read Para 23 for more fun-filled entertainment.

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016

Now, read the appeals filed by both husband (here) and wife (here). Entire Index is here.

Posted in West Godavari DV Cases | Tagged Baseless or Convoluted Judgment Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu No Territorial Jurisdiction PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance From Date of Order PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted | Leave a comment

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