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: No Consummation of Marriage

Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016

Posted on July 4, 2022 by ShadesOfKnife

After wasting opportunities given, the knife moved an application to file Counter but husband opposed it at Karnataka High Court.

From Paras 3-6,

4. However, insofar as the position of law as to whether the opportunity to file the objection statement can be granted subsequent to the expiry of the period as provided under Order 8, Rule 1 of CPC has in fact been stated by the Hon’ble Supreme Court wherein, it is held that it is only directory and not mandatory. The said decision in Salem Advocate Bar Association -vs- Union of India has also been referred to by the Court below.

From Para 5, (Pass an ex-parte order, what are you waiting for?)

5. In the instant case, though the petitioner contends that the respondent has not putforth any justifiable reasons seeking such opportunity, what cannot be lost sight is that the instant case is a matrimonial dispute where personal allegations would be made by the parties. If that be so, unless such personal allegations as made are controverted and thereafter evidence is available before the Court below, the Court in any event cannot come to an appropriate conclusion. Therefore, if in that light, when it is seen that the petition filed by the petitioner is for annulment of the marriage under Section 12 of the Hindu Marriage Act, 1955, it is more so that the petition averments would have to be controverted and thereafter a conclusion is to be reached. Therefore, in that circumstance, in any event, the Court below was justified in allowing the application and taking on record the objection statement.

Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016

Citations :

Other Sources :

https://indiankanoon.org/doc/135443264/


Index here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision CPC Order 8 Rule 1 - Written Statement Dr.Praveen R Vs Dr.Arpitha K S HM Act 12 - Voidable marriages No Consummation of Marriage | Leave a comment

Dr.Praveen R Vs Dr.Arpitha K S Cases

Posted on June 26, 2022 by ShadesOfKnife

Here are the list of cases filed by these people…

  1. Dr.Praveen R Vs Dr.Arpitha K S on 24 Mar 2016 – In a ‘Annulment of marriage due to consummation of marriage by wife’ case, High Court granted opportunity to file the Written Statement/Counter.
  2. Dr.Arpitha K.S. Vs Dr. Praveen R on 16 Jun 2020 – DVC was part allowed due to bad cross-examination.
  3. Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 – Perjury allowed.
    • (Master Page for Perjury Judgments here)
  4. Dr.Arpitha K.S Vs Dr.Praveen R on 03 Mar 2022 – Compromised and settled. All cases withdrawn.
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Dr.Praveen R Vs Dr.Arpitha K S No Consummation of Marriage | Leave a comment

Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari on 2 May, 1969

Posted on August 2, 2021 by ShadesOfKnife

The division bench of Apex Court held as follows regarding how to prove non-consummation of marriage under Hindu Marriage Act 1955.

A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the proceedings. In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, the respondent, was impotent at the time of the marriage and continued to be so until the institution of the proceedings.

Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari on 2 May, 1969

Citations : [1970 AIR SC 137], [1969 SCC 2 279], [1970 SCR 1 559], [1970 AIR SC 1373]

Other Sources :

https://indiankanoon.org/doc/1514023/

https://www.casemine.com/judgement/in/5609ab60e4b014971140c4a5


The UK case law is here.


The Index is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision HM Act 12 - Voidable marriages Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty No Consummation of Marriage Reportable Judgement or Order Yuvraj Digvijay Singh Vs Yuvrani Pratap Kumari | Leave a comment

Supriya Subhash Bhatmare Vs Shivanand Babaso Swami on 27th April, 2018

Posted on May 2, 2018 by ShadesOfKnife

Bombay High Court ordered a marriage be null and void and decreed as such based on the ground on non consummation of marriage between the Knife and husband. Both parties started fighting the litigation right from the day of their marriage !!

Supriya Subhash Bhatmare Vs Shivanand Babaso Swami on 27th April, 2018

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 High Court of Bombay Judgment or Order or Notification | Tagged HM Act 13 - Divorce Granted to Husband No Consummation of Marriage Sandeep Pamarati Supriya Subhash Bhatmare Vs Shivanand Babaso Swami | Leave a comment

K.Srinivas Rao Vs D.A.Deepa on 22 February, 2013

Posted on May 1, 2018 by ShadesOfKnife

This is the landmark judgment of Supreme Court confirming the divorce degree granted by Family Court.

Intro

The marriage between the appellant-husband and the respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs. Unfortunately, on the very next day disputes arose between the elders on both sides which resulted in their abusing each other and hurling chappals at each other. As a consequence, on 27/4/1999, the newly married couple got separated without consummation of the marriage and started living separately.

 

Later on

Knife filed complaint for the offence punishable under Section 324 of the IPC against the appellant-husband (C.C.No. 79/2009). It may be stated here that on 19/10/2009 the appellant-husband was acquitted in this case.

The appellant- husband was convicted under Section 498-A of the IPC and was sentenced to undergo six months simple imprisonment. He and his parents were acquitted of the offences under the Dowry Prohibition Act. His parents were acquitted of the offence under Section 498-A of the IPC. After this judgment the respondent-wife and her parents filed a complaint in the High Court saying that since the appellant-husband was convicted he should be dismissed from service. Similar letters were sent to the High Court by the maternal uncle of the respondent-wife

In Para 22,

The statement that the mother of the appellant-husband asked her to sleep with his father is bound to anger him. It is his case that this humiliation of his parents caused great anguish to him. He and his family were traumatized by the false and indecent statement made in the complaint. His grievance appears to us to be justified.

That this statement is false is evident from the evidence of the mother of the respondent-wife, which we have already quoted. This statement cannot be explained away by stating that it was made because the respondent-wife was anxious to go back to the appellant-husband. This is not the way to win the husband back. It is well settled that such statements cause mental cruelty. By sending this complaint the respondent-wife has caused mental cruelty to the appellant- husband.

In Para 23,

The conduct of the respondent- wife in filing a complaint making unfounded, indecent and defamatory allegation against her mother-in-law, in filing revision seeking enhancement of the sentence awarded to the appellant-husband, in filing appeal questioning the acquittal of the appellant-husband and acquittal of his parents indicates that she made all attempts to ensure that he and his parents are put in jail and he is removed from his job. We have no manner of doubt that this conduct has caused mental cruelty to the appellant- husband.

In Para 24,

Staying together under the same roof is not a pre-condition for mental cruelty. Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof. In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse’s life miserable.

Paras 25 and 26 talk about the death of the marriage.

the appellant-husband should be directed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the respondent-wife as and by way of permanent alimony. In the result, the impugned judgment is quashed and set aside.

 

Directions issue by the Apex Court

a) In terms of Section 9 of the Family Courts Act, the Family Courts shall make all efforts to settle the matrimonial disputes through mediation. Even if the Counsellors submit a failure report, the Family Courts shall, with the consent of the parties, refer the matter to the mediation centre. In such a case, however, the Family Courts shall set a reasonable time limit for mediation centres to complete the process of mediation because otherwise the resolution of the disputes by the Family Court may get delayed. In a given case, if there is good chance of settlement, the Family Court in its discretion, can always extend the time limit.

b) The criminal courts dealing with the complaint under Section 498-A of the IPC should, at any stage and particularly, before they take up the complaint for hearing, refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing. However, they should take care to see that in this exercise, rigour, purport and efficacy of Section 498-A of the IPC is not diluted. Needless to say that the discretion to grant or not to grant bail is not in any way curtailed by this direction. It will be for the concerned court to work out the modalities taking into consideration the facts of each case.

c) All mediation centres shall set up pre-litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage.

 

K. Srinivas Rao Vs D.A. Deepa on 22 Feb 2013

Click here to read the other judgments cited in this order.


Citations: [2013 SCC 5 226], [2013 AIOL 118], [2013 AIR SC 2176], [2013 AIR SC 1396], [2013 MHLJ SC 5 10], [2013 SUPREME 2 80], [2013 SLT 2 338], [2013 SCALE 2 735], [2013 BOMCR SC 3 129], [2013 RCR CIVIL SC 2 232], [2013 JT 3 97], [2013 MPLJ SC 3 567], [2013 SCC CIV 2 775], [2013 SCC CRI 2 963], [2013 SCC ONLINE SC 179], [2013 ALR 97 732], [2013 ALD 3 11], [2013 AIC 124 228], [2013 CHN 2 92], [2013 MAHLJ 5 102013 BLJ 3 379], [2013 DMC SC 1 458], [2013 ILR KER 1 813], [2013 JLJR 1 443], [2013 KHC 1 6472013 SCR 2 126], [2013 LW 2 883], [2013 PLR 171 149], [2013 CDR SC 1 161], [2013 AD SC 3 4582013 MLJ SC 3 852013 AWC SC 3 2462], [2013 WBLR SC 4 412], [2014 WLN SC 4 132], [2013 CGLRW 1 484], [2013 BOMCR 3 129], [2013 AIR SCW 1396], [2013 MAH LJ 5 10], [2013 MHLJ 5 10], [2013 ILR KERALA 1 813], [2013 RCR CIVIL 2 232], [2013 JT SC 3 97], [2013 MPLJ 3 567]

Other Sources :

https://indiankanoon.org/doc/14713882/

https://www.casemine.com/judgement/in/5609af30e4b0149711415c0f

https://www.indianemployees.com/judgments/details/k-srinivas-rao-vs-d-a-deepa

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground HM Act 13 - Divorce Granted to Husband K.Srinivas Rao Vs D.A.Deepa Landmark Case No Consummation of Marriage | Leave a comment

Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014

Posted on April 30, 2018 by ShadesOfKnife

Supreme Court delivered this verdict granting/affirming the decree of divorce granted by the High Court dissolving the marriage between the parties based on Mental Cruelty.

 

Excerpt from the lower court (High Court) judgement as observed by the Apex court:

“ 44. It has to be further pointed out that while P.W.1 was cross examined by the respondent, it has not been suggested to P.W.1 that he suggested to the respondent that they should have a child only after two years. Thus it appears that this explanation of the respondent for non consummation of the marriage is only an afterthought. Even assuming for a moment that the appellant wanted to have a child only after two years that does not mean that the appellant and the respondent cannot and should not have sexual intercourse. Admittedly, both of them are well educated and there are so many contraceptives available and they could have used such contraceptives and avoided pregnancy if they had wanted.”

 

Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground HM Act 25 – Permanent Alimony Allowed Mental Cruelty No Consummation of Marriage Vidhya Viswanathan vs Kartik Balakrishnan | 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

  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023
  • Vibhor Garg Vs Neha March 5, 2023

Most Read Posts

  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,155 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,150 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,070 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (996 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (811 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (806 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (528 views)
  • Udho Thakur Vs State of Jharkhand on 29 Sep 2022 (434 views)
  • Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021 (432 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (428 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (318)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (82)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (53)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 (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (639)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (9)
  • 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 (29)
  • 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 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • 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 (102)
  • 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

  • MAD (Madrid) on 2023-04-04 April 4, 2023
    THIS IS A SCHEDULED EVENT Apr 4, 07:00 - 16:00 UTCMar 24, 14:20 UTCScheduled - We will be performing scheduled maintenance in MAD (Madrid) datacenter on 2023-04-04 between 07:00 and 16:00 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 […]
  • MAN (Manchester) on 2023-04-04 April 4, 2023
    THIS IS A SCHEDULED EVENT Apr 4, 00:30 - 06:30 UTCMar 23, 12:00 UTCScheduled - We will be performing scheduled maintenance in MAN (Manchester) datacenter on 2023-04-04 between 00:30 and 06:30 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 […]
  • MIA (Miami) on 2023-03-31 March 31, 2023
    THIS IS A SCHEDULED EVENT Mar 31, 06:00 - 08:00 UTCMar 21, 19:01 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-03-31 between 06:00 and 08:00 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 […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.248.70.234 | SD March 26, 2023
    Event: Bad Event | Total: 1,292 | First: 2017-01-09 | Last: 2023-03-26
  • 220.192.228.88 | S March 26, 2023
    Event: Bad Event | Total: 19 | First: 2022-03-23 | Last: 2023-03-26
  • 110.89.41.109 | SDC March 26, 2023
    Event: Bad Event | Total: 47 | First: 2014-07-15 | Last: 2023-03-26
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 986 access attempts in the last 7 days.

pixel