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True Colors of a Vile Wife

Tag: PWDV Act Sec 20 – Maintenance Granted

Tagaram Raja Kumari Vs Cherukuri Aruna Kumar on 20 January, 2015

Posted on June 29, 2018 by ShadesOfKnife

Hon’ble court in this judgment ordered monthly maintenance, protection order, residence order, compensation and also litigation costs.

From Para 10,

The respondents dispute the marriage of the petitioner with the respondent no.1 and the status of the petitioner as the legally wedded wife of the respondent no.1. No doubt the petitioner did not produce any marriage certificate issued by the authorities of Poleramma temple, Nalgonda, and admittedly PW2 did not attend their marriage, however, the petition under section 12 of the Protection of Women from Domestic Violence Act, 2005, is maintainable even if a woman has failed to prove that she is the legally wedded wife of the man, provided she shows a domestic relationship existed between them, and that she had lived together along with the man in the shared house hold. Such evidence is given by PW1 before this Court, and that there is no evidence in rebuttal. The evidence of PW1 regarding domestic relationship with respondent no.1 in the shared household and her subjection to domestic violence by the respondents is also corroborated with the evidence of PW2, her paternal grandfather, and the said testimonies of PW1 and PW2 is also not destroyed in material particulars by the respondents during the course of their cross-examination except giving suggestions that were denied by them. When the respondents denies the relationship itself, it can be used as one of the circumstances against them for the proof of domestic violence. The evidence of PW1 and PW2 prove that the petitioner was neglected by the respondents and subjected to domestic violence for dowry. This point is answered accordingly in favour of the petitioner and against the respondents.

 

Tagaram Raja Kumari Vs Cherukuri Aruna Kumar on 20 January, 2015

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 Prakasam DV Cases | Tagged PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted Tagaram Raja Kumari Vs Cherukuri Aruna Kumar | Leave a comment

Peddi Anusha Vs Peddi Vamsi Krishna on 4 August, 2016

Posted on June 28, 2018 by ShadesOfKnife

In this case, Hon’ble Court has set the Husband his family as ex parte as the husband just filed a Counter in response to a DV Case on him by his Knife but later did not join the proceedings ever. Granted Maintenance and Compensation as there was no challenge made to the allegations of Knife.

 

Peddi Anusha Vs Peddi Vamsi Krishna on 4 August, 2016
Posted in Prakasam DV Cases | Tagged Magistrate Sravan Kumar Peddi Anusha Vs Peddi Vamsi Krishna PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted | Leave a comment

Guduri Niroosha Vs Guduri Dakshina Murthy on 16 October 2017

Posted on June 28, 2018 by ShadesOfKnife

In this case, Domestic Violence on Knife by husband is proved hence all reliefs requested are granted by Hon’ble Court.

 

Guduri Niroosha Vs Guduri Dakshina Murthy on 16 October 2017
Posted in Prakasam DV Cases | Tagged Guduri Niroosha Vs Guduri Dakshina Murthy PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted | Leave a comment

Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu on 20 Devember, 2017

Posted on June 26, 2018 by ShadesOfKnife

In this interesting case of Domestic Violence by a son on his mother, the Hon’ble court has allowed maintenance to the mother.

 

Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu on 20 Devember, 2017
Posted in Prakasam DV Cases | Tagged Challa Bhanumathi Vs Challa Jagadeesh Kumar Babu PWDV Act - Case on Son by Mother PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Nagisetti Madhavi Vs Nagisetti Anil Kumar on 28 December, 2017

Posted on June 26, 2018 by ShadesOfKnife

This is a DV case wherein the husband never joined the case proceedings and hence was set as ex parte. And then the requested reliefs are granted to knife.

 

Nagisetti Madhavi Vs Nagisetti Anil Kumar on 28 December, 2017
Posted in Prakasam DV Cases | Tagged Ex Parte Order Magistrate M Anuradha Nagisetti Madhavi Vs Nagisetti Anil Kumar PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Gali Lakshmi Vs Gali Venkaiah on 30 August, 2017

Posted on June 20, 2018 by ShadesOfKnife

In this Ex Parte Order under DV Act at Nellore Court, Judge has allowed Maintenance “on account of acts of desertion by the respondent”

 

Gali Lakshmi Vs Gali Venkaiah on 30 August, 2017
Posted in Nellore DV Cases | Tagged Ex Parte Order Gali Lakshmi Vs Gali Venkaiah PWDV Act Sec 20 - Maintenance From Date of Application Or Petition PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Velaga Lakshmi Rajeswari Vs V.Siva Sambasiva Rao on 27 April, 2018

Posted on June 14, 2018 by ShadesOfKnife

In this DV case at Ongole Magistrate Court, Justice Mrs. M Anuradha has held that

Para 7,

The learned defence counsel further submits that PW1 filed M.C. No.2/2015 claiming maintenance and it was dismissed as not pressed by the aggrieved person and even R1 has been sending Rs.8,600/- per month to PW1 and thereby the complaint is devoid of merits

Para 10,

PW1 claims that her parents gave Rs.1,50,000/- cash, Ac,0-02 ½ Cents of site at Ongole and gold articles to R1 towards dowry during her marriage. However, except her self-serving statement, PW1 not produced either oral or documentary evidence to prove the alleged payments to R1.

Para 12,

In the present case on hand, except the self-serving statement of PW1 nothing discloses from the case facts that any such list of the alleged presented things were prepared.

A key point to note here:

The evidence of PW1 discloses that due to unbearable torture of R1 to R3, PW1 was forced to stay at her parents house and that she also gave report against the respondents at Ongole Taluq Police station for the offences U/Sec.498-A of I.P.C. and U/Sec.3 and 4 of Dowry Prohibition Act.

If such declaration was not done in a case, that would amount to willful concealment of material information resulting in Perjury.

Para 15,

In the absence of the proof of stay of R4 with RW1 and PW1 and R4 being a house wife, PW1 cannot claim any relief against R4.

Notwithstanding the Para 16, in Para 17,

On the other hand, except the bald statement of RW1 that PW1 refused to join him, there is no supportive oral or documentary evidence.

You have to have an evidence that conclusively proves that the Knife has deserted the husband without any cause and husband made efforts to bring her back to matrimonial home.

In Para 22,

As the aggrieved person failed to prove to her stay with R4 under one roof, the aggrieved person can not claim any relief against R4 (Sister of Husband).

Under Para 23,

The aggrieved person also claims rental accommodation. Considering the facts and circumstances and the status of the parties, the petition is allowed partly, directing R1 to pay Rs.2,000/- per month to the petitioner towards her rental accommodation U/Sec.19 of the Act.

In Para 24,

By considering the means of R1 and necessities of the aggrieved person and her minor child and also considering the quantum of maintenance already receiving by PW1 at Rs.8,600/- per month, it is just and necessary to grant an amount of Rs.3,000/- to the aggrieved person towards maintenance U/Sec.20 of the Act.

And in Para 25,

Further, for the mental agony of depriving her access to the conjugal life, the aggrieved person is entitled to receive compensation of Rs.50,000/- from R1.

Velaga Lakshmi Rajeswari Vs V.Siva Sambasiva Rao on 27 April, 2018
Posted in Prakasam DV Cases | Tagged PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted Velaga Lakshmi Rajeswari Vs V.Siva Sambasiva Rao | Leave a comment

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