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: Nahida Rishad Cooper Vs Ali Daruwala and Ors

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

Posted on September 13, 2022 by ShadesOfKnife

A single judge of a Sessions Court in Mumbai held as follows:

From Para 5,

5] Perusal of the application under Section 12 of the D. V. Act filed by the applicant has several references to the alleged domestic violence committed by the respondent No. 1. It is not in dispute that he resides separately and not with the appellant or the respondent No. 1. The learned Metropolitan Magistrate in his impugned order has observed that since the respondent No. 1 never resided with the appellant in any shared household he cannot be considered to be the respondent as defined by Section 2 (q) of the D. V. Act. He, therefore, omitted him from the array of the respondents in the main application.

From Para 6,

6] Such an observation of the learned Metropolitan Magistrate however, is wholly misplaced. It is for the simple reason that the proviso to Section 2 (q) of the D. V. Act makes it very clear that an aggrieved wife can also file a complaint against a relative of the husband. The Act nowhere mandates that an aggrieved person can seek relief only against the persons who have shared household with her. Had that been so, it would have been very convenient to cause violence or any other trouble to the aggrieved person through the relatives not sharing the same household and yet remained out of the clutches of the D. V. Act. Rather, holding that any relative of the husband if not sharing or shared the same household cannot be a respondent would amount to giving licence to those relatives to commit violence to the aggrieved person and thereby rendering the very Act meaningless. That just cannot be and certainly was not the intention while enacting the said statute. As observed earlier, there are sufficient references to show that the respondent No. 1 was also a party to the domestic violence committed to the appellant. As such, the proceedings against him was certainly tenable. The learned Metropolitan Magistrate was obviously wrong in holding that the respondent No. 1 since not shared the household with the appellant could not be a respondent as defined by Section 2 (q) of the D. V. Act. Consequently, the impugned order cannot sustain.

Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022

A Revision was dismissed by the Bombay High Court here.


Index of DV Cases here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Nahida Rishad Cooper Vs Ali Daruwala and Ors No Shared Household | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • P Amutha Vs Gunsekaran on 23 Dec 2022 December 1, 2023
  • Ashokbhai Devsingbhai Chauhan Vs Taraben Ashokbhai Chauhan on 11 Nov 2019 December 1, 2023
  • Bhagwant Narnawre Vs Radhika Narnawre on 05 Apr 2019 December 1, 2023
  • Sanjay Bhalkar Vs State of Maharashtra on 13 Jan 2020 November 27, 2023
  • Omprakash Sahni Vs Jai Shankar Chaudhary and Anr on 02 May 2023 November 26, 2023

Most Read Posts

  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (4,536 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,996 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,913 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,819 views)
  • Shilpashree J.M. Vs Gurumanjunatha .A.S. on 19 Jun 2023 (1,773 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (1,487 views)
  • Anshu Gupta Vs Adwait Anand on 09 Aug 2023 (1,214 views)
  • Asfaq Alam Vs State of Jharkhand and Anr on 31 Jul 2023 (970 views)
  • Niharika Kundu Vs Shankar Ghosh on 12 Sep 2023 (918 views)
  • Certified Copies of Docket Orders (730 views)

Tags

Reportable Judgement or Order (360)Legal Procedure Explained - Interpretation of Statutes (347)Landmark Case (334)2-Judge (Division) Bench Decision (300)Catena of Landmark Judgments Referred/Cited to (234)Work-In-Progress Article (216)1-Judge Bench Decision (196)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (88)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (58)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (41)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)HM Act 13 - Divorce Granted to Husband (35)Advocate Antics (35)PWDV Act 20 - Maintenance Granted (33)

Categories

Supreme Court of India Judgment or Order or Notification (664)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (162)High Court of Delhi Judgment or Order or Notification (120)High Court of Bombay Judgment or Order or Notification (96)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (59)General Study Material (55)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)Assorted Court Judgments or Orders or Notifications (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)District or Sessions or Magistrate Court Judgment or Order or Notification (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (27)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Online RTI Portal for State of Andhra Pradesh
  • A. GIRI KUMAR, National Resource person To act on Online RTI Portal for State of Andhra Pradesh
  • Akif on Lifecycle Stages of a Maintenance Case under Section 125 CrPC
  • ShadesOfKnife on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
  • Adv. Dipankar Saha on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015

Archives of SoK

  • December 2023 (3)
  • 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 (19)
  • 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
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • HKG (Hong Kong) on 2023-12-13 December 13, 2023
    THIS IS A SCHEDULED EVENT Dec 13, 19:00 - 23:00 UTCNov 29, 09:40 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-13 between 19:00 and 23:00 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 […]
  • BKK (Bangkok) on 2023-12-12 December 12, 2023
    THIS IS A SCHEDULED EVENT Dec 12, 17:00 - 23:00 UTCDec 1, 13:41 UTCScheduled - We will be performing scheduled maintenance in BKK (Bangkok) datacenter on 2023-12-12 between 17:00 and 23:00 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 […]
  • HEL (Helsinki) on 2023-12-12 December 12, 2023
    THIS IS A SCHEDULED EVENT Dec 12, 01:00 - 04:00 UTCDec 5, 09:00 UTCScheduled - We will be performing scheduled maintenance in HEL (Helsinki) datacenter on 2023-12-12 between 01:00 and 04:00 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 […]

RSS List of Spam Server IPs from Project Honeypot

  • 142.4.9.200 | SW December 5, 2023
    Event: Bad Event | Total: 27 | First: 2021-05-04 | Last: 2023-12-05
  • 135.148.113.190 | SD December 5, 2023
    Event: Bad Event | Total: 381 | First: 2023-11-11 | Last: 2023-12-05
  • 45.116.226.205 | SD December 5, 2023
    Event: Bad Event | Total: 3,353 | First: 2017-12-04 | Last: 2023-12-05
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 723 access attempts in the last 7 days.

pixel