Hiral P Harsora and Ors Vs Kusum Narottamdas Harsora and Ors on October 6, 2016

Posted on May 21, 2018 by ShadesOfKnife

This landmark judgment from Justice R.F. Nariman and Justice Kurian Joseph at Hon’ble Supreme Court has struck down the words “adult male” appearing in Section 2(q) of the Act as discriminatory.

From Last Para,

46. We, therefore, set aside the impugned judgment of the Bombay High Court and declare that the words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India. Consequently, the proviso to Section 2(q), being rendered otiose, also stands deleted. We may only add that the impugned judgment has ultimately held, in paragraph 27, that the two complaints of 2010, in which the three female respondents were discharged finally, were purported to be revived, despite there being no prayer in Writ Petition No.300/2013 for the same. When this was pointed out, Ms. Meenakshi Arora very fairly stated that she would not be pursuing those complaints, and would be content to have a declaration from this Court as to the constitutional validity of Section 2(q) of the 2005 Act. We, therefore, record the statement of the learned counsel, in which case it becomes clear that nothing survives in the aforesaid complaints of October, 2010. With this additional observation, this appeal stands disposed of.

Hiral P Harsora and ors Vs. Kusum Narottamdas Harsora & Ors on October 6, 2016

Citation: [2016 SCC OnLine SC 1118] or [(2016) 10 SCC 165]

Other Source links: https://indiankanoon.org/doc/114237665/

More than 5 years back, Supreme Court has actually held that Women can also be made respondents in a DV case here.

The index page is here.

Boddu Anjali and Anr Vs Boddu Annapoornamma and Ors on 17 June, 2015

Posted on May 20, 2018 by ShadesOfKnife

A very good point available in this judgment from the JMFC. Ongole, for those who are facing Domestic Violence case as well as IPC 498A wherein the allegations are same in both.

When the husband of a knife dies, maintenance of the daughter-in-law falls are the parents-in-law as long as she is alive. There is no requirement of law that a grandfather is under an obligation to maintain his grand child when the mother of said child is alive.

Boddu Anjali Vs Boddu Annapoornamma on 17 June, 2015

Index of PWDV Act cases here.

Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011

Posted on May 19, 2018 by ShadesOfKnife

This is a wonderful judgment from Hon’ble Supreme Court whereby the knife filed a case under Protection of Women from Domestic Violence Act and approached the Hon’ble court with unclean hands and committed fraud upon the Hon’ble.

Key (Tricky) Highlight around applicability of CrPC but not Sec 468 CrPC:

24. Submissions made by Shri Ranjit Kumar on the issue of limitation, in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.

Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011

Citations : [2011 ANJ SC SUPP 2 90], [2012 CRLJ SC 309], [2012 ALLMR CRI SC 369], [2011 CRIMES SC 4 51], [2011 SUPREME 6 181], [2011 RCR CIVIL SC 4 129], [2011 RCR CRIMINAL SC 4 1], [2011 SCC 12 588], [2011 SLT 6 434], [2011 AIOL 597], [2011 SCALE 9 295], [2011 JT 11 177], [2012 SCC CRI 2 614], [2011 ACR SC 3 3544], [2011 DMC SC 3 7], [2011 KCCR 4 3283], [2011 KLJ 3 40], [2011 KLT SN 4 69], [2011 NCC 2 544], [2011 SCR 10 557], [2011 UC 3 1758], [2012 SCC CIV 2 742]

Other Sources :

https://indiankanoon.org/doc/1337239/

https://www.casemine.com/judgement/in/5609af03e4b014971141557d

Another previous judgment cited in this judgment is available here.

Index DV case laws is here.

Grounds for Discharge or Quash Petition

Posted on April 4, 2018 by ShadesOfKnife

Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:

(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.

Key Aspects of Protection of Women from Domestic Violence Act, 2005

Posted on March 27, 2018 by ShadesOfKnife

The key thing about the Protection of Women from Domestic Violence Act is that it is Quasi-civil act meaning it’s provisions/reliefs are civil in nature and there is no penal punishment like in Criminal cases. One caveat to this is that there is “Penalty for breach of (interim) protection order by respondent” which will attract the IPC provisions.

Per section 29 of the Act, there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Do not waste your time and resources by filing revisions which are not maintainable.

Screw Up Alert:

If you do not properly strategize and time your actions in fighting this case, you may lose money in the form of Interim maintenance to your Knife. Be aware and be alert !!

In no scenario, your property Ownership may be transferred to OP under this Act.

Bare Act here and Rules here.

Sandeep Pamarati Vs Ungrateful Knife (DV Case)

Posted on March 27, 2018 by ShadesOfKnife

Similar to the 498A IPC case timeline available here, in this current post, I am sharing timelines and redacted petitions that I filed in the DV Case.

Take little pains to have them drafted for your cases.

Do NOT ask me word versions. Even if you ask, I will NOT give 😉

Timeline of my DV Case under PWDV Act

—————————————————————————————–

On 08-August-2017,

Court orders for Counseling and DIR reports from Protection Officer

On 17-August-2017,

Notice from Protection Officer to attend Counseling at Sakhi Center, Ongole

On 04-September-2017,

First Counseling session at Protection Officer, Sakhi Center, Ongole – Attended

On 16-September-2017,

Second Counseling session at Protection Officer, Sakhi Center, Ongole – Didn’t attend

On 01-December-2017,

Notice for appearance u/s 13(1) a of PWDV Act 2005 in front of Addl JMFC – Attended

On 08-December-2017,

First hearing – Attended – Vakalatnama filed by Advocate

On 08-February-2018,

Fourth hearing – Attended – Counter filed

Counter against DV Case Feb 8th

Please scroll down a little and read the Counter I filed in opposition to the IM application from OP. It will help draft a better Counter/Written Statement, as I learnt a lot about drafting legal documents, in this one year.

On 12-April-2018,

Sixth hearing – Attended – Judge ordered for examination

Scroll down to bottom of the page, to see what transpired from April 2018 to April 2019.
I kicked out the fraud advocate I had engaged for the DV case and became PIP. I started to Take Control of My Case.

On 02-April-2019,

Filed PIP Petition for myself

PIP Petition

Memo to go PIP in DV Case

PIP Affidavit

Affidavit - Petition to go PIP in DVC Case

PIP Docket

Docket Sheet for DVC PIP Memo

On 02-April-2019,

Filed Expedite proceedings Petition

Expedite Proceedings Petition

Expedite proceedings under Section 12(5) in PWDV Case

Affidavit

Affidavit - Petition to Expedite in DVC Case

Docket

Docket Sheet for DVC Expedite Memo

On 02-April-2019,

OP/PW1 filed Chief Examination Affidavit, in lieu of Chief Examination in the witness box

On 22-April-2019,

Filed Removal of Names Petition for parents

Sample Removal of Names of Parents Petition

Removal of Names of Parents in PWDV Case

Sample Removal of Names of Parents Afidavit

Affidavit - Removal of Names of Parents in PWDV Case

Sample Removal of Names of Parents Docket

[pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2018/03/Docket-Sheet-Removal-of-Names-of-Parents-in-PWDV-Case.pdf” title=”Docket Sheet – Removal of Names of Parents in PWDV Case”]

UPDATE: Magistrate advised (rather told) me to bring out the truth in Cross Examination, instead of allowing this petition.

On 22-April-2019,

Crl.MP 655/2019 is allowed – PIP petition allowed

On 25-April-2019,

Filed (Revised and Final) Counter against the Interim Maintenance along with supporting electronic/digital evidences (in Paper and DVD formats) via a Receiving/List of Documents petition

Sample Counter against Interim Maintenance application in DV Case

Counter against Interim in PWDV Case - NEW

Sample Affidavit for Counter against Interim Maintenance application in DV Case

Affidavit - Counter against Interim in PWDV Case - NEW

Sample Docket for Counter against Interim Maintenance application in DV Case

Docket Sheet - Counter against Interim in PWDV Case - NEW

Sample Receiving documents Petition in support of Counter against Interim Maintenance application in DV Case

List of Documents to support Counter against Interim in PWDV Case

Sample Receiving documents affidavit in support of Counter against Interim Maintenance application in DV Case

Affidavit - List of Documents to support Counter against Interim in PWDV Case

Sample Receiving documents docket in support of Counter against Interim Maintenance application in DV Case

Docket Sheet - List of Documents to support Counter against Interim in PWDV Case

On 25-April-2019,

OP/PW1 sworn the Chief Examination Affidavit;
2 Exhibits P1 and P2 were marked. Marriage Invitation Card and Single Marriage photo.

On 09-May-2019,

OP Absented and We Present. I prayed for Cost levy on OP.

PW1 is directed to appear by next adjournment without fail

On 30-May-2019,

OP Absented and We Present. I prayed for Cost levy on OP.

PW1 is directed to appear by next adjournment without fail. Otherwise the next step will be follows.

On 03-June-2019,

Conducted Cross-examination of PW1/OP – Day 1

Actual base questions used prepared from Chief Examination affidavit of PW1/OP

Cross-Examination Sample Questions

On 04-June-2019,

Conducted Cross-examination of PW1/OP – Day 2

On 17-June-2019,

Conducted Cross-examination of PW1/OP – Day 3

On 18-June-2019,

Conducted Cross-examination of PW1/OP – Day 4

Original questions asked and the responses (already prepared to get these answers) from PW1/OP

Cross examination QnA in DVC IM for Upload

On 19-June-2019,

Cunning knife sought adjournment for some reason and ran away from Cross-examination

On 05-July-2019, 02-08-2019 and 29-08-2019

I filed absent petition via RPAD, since Magistrate went on for a 6-month long training.

On 17-09-2019, 14-10-2019, 11-11-2019 and 02-12-2019

I did not file the absent petition.

On 17-01-2020,

I filed the absent petition and it got allowed. On next date, I was fully prepared to pose my final set of Cross examination questions to PW1 and end this stage. If permitted, getting ready to finish Oral Arguments and file written arguments as well.

On 07-02-2020,

Conducted Cross-examination of PW1/OP – Day 5

As expected, posed final set of Cross examination questions to PW1 and finished this stage. That’s when I understood and realized that, there are other PWs.. Hmm. I should have sought for and got List of Witnesses even before beginning the Cross of PW-1. Lesson (known, but forgotten) learnt. Hence, Arguments stage is few more dates away.

Here are the final set of Cross questions that I posed to PW-1 and few that I couldn’t ask.

Cross examination of PW-1 in DVC IM as on 2020-02-07

Now to prepare questions for PW-2. Who will that be? Father, Mother or Brother of Cunning ungrateful knife? Let’s wait for 27-Feb-2020

On 27-02-2020,

Awaiting entry of PW-2

On 01-04-2021,

Awaiting entry of PW-2 ; Going to pray for close of Further evidence of Petitioner as last 4 hearing the party as well as Advocate was absent. Seems they are no more interested in the lis.

On 30-09-2021,

Still Awaiting entry of PW-2

On 29-09-2022,

Exactly after one year from last date, I took things to Hon’ble High Court in a Criminal Petition seeking directions to the trial Court for early disposal of this case and the Hon’ble Judge has been kind enough to grant my prayer.

Detailed post here.

On 17-10-2022,

Going to the Court, with a memo to receive the High Court order and comply with the direction.

2022-10-17 MEMO submitted HC Order to expedite

On 12-01-2023,

Successfully made Oral Arguments and also submitted Written Arguments (just in case this matter goes to higher courts in appeals/revisions)

SAMPLE Memo of Written Arguments u-s 314 CrPC in DV Case

On 15-02-2023,

DV case partly allowed. 5 Lakhs as compensation and 10,000 as costs of filing the DV case.

2023-02-15 Pamarati Anuradha Vs Pamarati Sandeep Bhavan in DVC 14 of 2017

The necessary judgments to win this case are listed here.

SUMMARY of the CASE HISTORY

Go here for the Appeal against this case, which I WON.

Index of all cases filed against my and my parents is here and my defence/counter attacks.

Sandeep Pamarati Vs Ungrateful Knife

Posted on March 27, 2018 by ShadesOfKnife

This post lists all the false cases filed on me and my family, by the Ungrateful Knife. I filed a few…

Criminal case under IPC 498A read with sections 3 & 4 of Dowry Prohibition Act (Read bare acts by clicking here and here)
- - Discharge Petition filed. And dismissed. Filed Revision at Sessions Court. News paper publication pending. Came to know that this was dismissed on Dec 2022. Whoa!!!
- A Writ Petition seeking declaration of Dowry Givers also as Criminals in a criminal case filed u/s 3 of DP Act 1961 here.
- An IA was filed before APHC seeking relaxation of the condition of depositing my passport with trail court but it got struck here.
  - Then a Quash petition was filed before APHC seeking quash of the condition of depositing my passport with trail court here. It was withdrawn because High Court can not quash an order passed by itself, even if abuse of process is happening because of the said order. Now I have to pursue the above IA route.
- ACQUITTED (me and my parents!) from the False Criminal case… First WIN at Trial Court!
Quasi Civil case under section 12 of Protection of Women from Domestic Violence Act (Read bare act by clicking here)
- Interim Maintenance application filed. But due to my strong Written Statement, Magistrate skipped the Interim application totally, and proceeded with Examination stage. Finished Cross of PW-1, after which the petitioner absented herself from Feb 2022 and her Counsel also absented totally from Dec-2021… Not sure if they will ever return to this Court.
  - A Criminal Petition seeking disposal of my DV Case in 60 days here. First WIN at AP High Court!
- This petition was PARTLY- ALLOWED only due to above speedy trial Order from High Court.
- Now filed a Criminal Appeal u/s 29 of PWDV Act against this part-allowed judgment here.
  - The Respondent remained absent even after newspaper publication so Family Court set her as Ex-parte.
    - Had to file a Speedy trial Petition before High Court again, this time Family Court Judge is delaying pronouncement of Final Orders. Another success! Details here.
  - WON the APPEAL, so the Fake DV case is DISMISSED.
Criminal case under under 494 and 495 IPC (Read the text of sections here and here)
- Had to file a Speedy trial Petition before High Court, as the Trial Court Judge is delaying pronouncement of Final Orders.
- Due to incompetent lawyer I had to engage, I could not take advantage of this speedy trial Order yet.
- Whatever happens, happens for our own good, so will NOT hurry this matter until I get favorable Order in Nullity case here.
Civil Declaration of Nullity of marriage under Section 11 of Hindu Marriage Act
- After recording my evidence (Examination in Chief), subsequently, Written Arguments were also filed.
- Unfortunately, my Nullity Petition was DISMISSED.
Seeking grant of Decree of Divorce on the grounds of Cruelty and Desertion under Section 13 of Hindu Marriage Act
- Filed on

MASTER SITEMAP here.

Protection of Women from Domestic Violence Act Rules, 2006

Posted on March 24, 2018 by ShadesOfKnife

Please wait for the PDF file to load

This document has Rules in English too after Hindi.

PWDV Act Rules 2006

Bare Act is here.

Protection of Women from Domestic Violence Act, 2005

Posted on March 24, 2018 by ShadesOfKnife

Please wait for the PDF file to load

Protection of Women from Domestic Violence Act 2005

The Statement of Objects and Reasons for this Act is given below.

Protection of Women from Domestic Violence Act 2005 O&R - Gaz

Read the ‘PWDV Act Rules 2006’ by clicking here.

Read the Key Aspects of PWDV Act by clicking here.

False Domestic Violence Case

Posted on March 21, 2018 by ShadesOfKnife

I understand that you are looking for valuable information to fight the false domestic violence (DV) case filed on you or your loved one, by the knife (alleged wife) or any of her relatives under Protection of Women from Domestic Violence Act 2005, hence you are here.

Worry not.

In this running blog post (meaning regularly updated post), you will find valuable information and helpful links to various parts of this site that will be specific to the subject/topic you are looking for.

Let’s leave the human emotional part of realizing that you are dragged into Legal litigation for a separate post here and get down to the business i.e, What Do We Do Now?

Let’s come up with the standard equation as below:

Demand (DV Allegations made) Vs Supply (Reliefs claimed as per PWDV Act)

The Knife (or someone from her gang) would allege a variety of allegations on you and implicate parents as a routine matter as instigators such as

1. Deserted

2. Physical Assault

3. Mental harassment

4. Did not give finances for livelihood or household expenses

For each of the above allegations, the PWDV Act provides a relief, if the allegation is proven such as

1. Compensation

2. Protection

3. Residence

Read various posts made about False Domestic Violence Cases by clicking here.

Read the bare act by clicking here, for an enlightening experience.

Shades of Knife

True Colors of a Vile Wife

Tag: Protection of Women from Domestic Violence Act 2005

Hiral P Harsora and Ors Vs Kusum Narottamdas Harsora and Ors on October 6, 2016

Boddu Anjali and Anr Vs Boddu Annapoornamma and Ors on 17 June, 2015

Grounds for Discharge or Quash Petition

Key Aspects of Protection of Women from Domestic Violence Act, 2005

Sandeep Pamarati Vs Ungrateful Knife (DV Case)

Timeline of my DV Case under PWDV Act

Sandeep Pamarati Vs Ungrateful Knife

Protection of Women from Domestic Violence Act Rules, 2006

Protection of Women from Domestic Violence Act, 2005

False Domestic Violence Case