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True Colors of a Vile Wife

Tag: PWDV Act Sec 12 – Not Made Out

Domestic Violence Judgments

Posted on December 17, 2019 by ShadesOfKnife

Here is a list of Judgments under Protection of Women from Domestic Violence Act 2005 and various facets of violence/cruelty within Matrimonial relationships under various Statutes even before this Act. Life Cycle of a Domestic Violence case under PWDV Act 2005 here.

Bare Act (along with Statement of Objects and Reasons) is here and Rules are here. A 2-judge bench of Supreme Court passed guidelines to handle multiple maintenance litigation here.

 

1971-1980

  1. Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 March, 1975 [Definition of Mental Cruelty; Burden of Proof; Proof beyond reasonable doubt; Condonation of Cruelty]

 

 

1981-1990

 

1991-2000

  1. V.Bhagat Vs D.Bhagat on 19 November, 1993 [defined the meaning of Mental Cruelty with respect to Divorce petition]

 

 

2001-2005

 

2006-2010

  1. Lata Singh Vs State of U.P. and Another on 7 July, 2006 (Right to Marry a person of one’s choice)
  2. S.R. Batra and Anr Vs Taruna Batra on 15 December, 2006 (Supreme Court defined ‘Shared Household‘)
  3. Samar Ghosh vs Jaya Ghosh on 26 March, 2007 (Mental Cruelty defined)
  4. Abhijit Bhikaseth Auti Vs State Of Maharashtra and Anr on 16 September, 2008 [BomHC: Before granting an interim relief under sub-section 1, an opportunity of being heard is required to be granted to the respondent.]
  5. V.K.Vijayalekshmi Amma Vs Bindu V on 2 Dec 2009 ()
  6. Krishnamurthy Nookula Vs Savitha Y on 9 December, 2009 [KarHC: Audi Alterum Partem, Magistrate must conduct Inquiry in the nature of summary trial before Interim Maintenance]
  7. Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010 (Delhi High Court)
  8. Jovita Olga Ignesia Mascarenhase Coutinho Vs Rajan Maria Coutinho and Anr on 24 Aug 2010 (BHC: Frame Issues after Hearing Both Parties)

2011-2015

  1. Sandhya Manoj Wankhade Vs Manoj Bhimrao Wankhade and Ors on 31 January 2011 (Women can also be made respondents)
  2. Inderjit Singh Grewal Vs State Of Punjab & Anr on 23 August, 2011 (1 year limitation of 468 CrPC applies to DV Cases)
  3. V.D. Bhanot Vs Savita Bhanot on 07 February 2012 (DV Conduct of parties prior to PWDV Act are to be considered; Mental Cruelty)
  4. Buravilli Siva Madhuri Vs Sri Buravilli Satya Venkata Lakshmana Rao and Ors on 25 September, 2012 (Andhra Pradesh High Court)
  5. Deoki Panjhiyara Vs Shashi Bhushan Narayan Azad and Anr on 12 Dec 2012 [SC: Unless there is a declaration of nullity/void of the marriage by a competent Court or authority, a aggrieved person can take advantage of benefits under DV Act.]
  6. Ashish Dixit and Ors Vs State of U.P. and Anr on 7 January, 2013 (Quashing of false DVC on relatives of husband)
  7. Mewa Singh and others Vs Sukhjeet Kaur on 29 April 2013 (PHHC: appearance of respondents disposed off)
  8. Markapuram Siva Rao & Others Vs State of Andhra Pradesh on 30 April, 2013 (Andhra Pradesh High Court)
  9. Indra Sarma vs V.K.V.Sarma on 26 November, 2013 (SC: No relationship in the nature of marriage, no DV can apply, No maintenance)
  10. Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another on 29 April, 2014 (Andhra Pradesh High Court)
  11. Koushik Vs. Sau. Sangeeta Koushik Gharami & ors on 05 May 2014 [BomHC: No DV, No Reliefs; not even for children]
  12. Ayishabi Vs Shahul Hameed on 16 July, 2014 (KerHC: Dispose within 3 months)
  13. Santosh Sashkant Dhonde Vs Sarika Santosh Dhonde and Ors on 11 September, 2014 [BomHC: Hearing before Interim Orders]
  14. Chandra Sukanya Devi Vs Chandra Srinivasulu on 18 November, 2014 (JMFC Court, Ongole, Andhra Pradesh)
  15. A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015 (Andhra Pradesh High Court)
  16. P.Sugunamma And Others Vs State Of A.P. on 19 January, 2015 (Andhra Pradesh High Court)
  17. Giduthuri Kesari Kumar And Others Vs State of Telangana on 16 February 2015 (AP HC: 2 grounds for quashing a DV Case, No shared household, any other case dismissed on same allegations; overruled by Prabha Tyagi here)
  18. Boddu Anjali and Anr Vs Boddu Annapoornamma and Ors on 17 June, 2015 [Ongole JCJC:]
  19. Gaddameedi Nagamani Vs The State Of Telangana on 17 July, 2015 (APHC: If any application is filed under Rule 37 of Criminal Rules of Practice or under Section 126(2) or Section 205 to represent through special vakalat or through advocate or for one to represent others as the case may be, the learned Magistrate shall entertain, hear and pass appropriate orders granting the same with necessary conditions)
  20. Rajkishore Shukla Vs Asha Shukla on 22 September, 2015 (Madhya Pradesh High Court)
  21. Krishna Bhatacharjee vs Sarathi Choudhury And Anr on 20 November, 2015 (Dipak Misra says, Judicially separated folks are also within the ambit of Aggrieved person)

2016-2020

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 (Court can allow amendments to complaint/petition, before cognizance of same is taken by Court)
  2. Prakash Nagardas Dubal-Shaha Vs Meena Prakash Dubal Shah and Ors on 22 April 2016 (Unsuccessful divorce proceedings cannot adversely affect the maintainability of DVC)
  3. Monojit Banerjee Vs Shalini Banerjee on 3 October, 2016 [KarHC: Hold an inquiry and then recorded finding as to grant interim relief or not]
  4. Hiral P Harsora and Ors Vs Kusum Narottamdas Harsora and Ors on October 6, 2016 [Supreme Court strikes down words ‘adult male‘ from the definition of Respondent u/s 2(q) and also the proviso to sec 2(q)]
  5. Yadlapalli Mary Mani Vs The State Of Andhra Pradesh on 21 December, 2016 (Andhra Pradesh High Court)
  6. Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 2017 (Supreme Court)
  7. Kuppusamy Vs Radhika on 21 July, 2017 (MadHC: Dispose DVC in 2 months)
  8. Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017 (Andhra Pradesh High Court)
  9. Jallarapu Laxman Rao Vs Jallarapu Pedda Venkateswarlu on 1 November, 2017 (AP HC: No Revision u/s 397/401 CrPC, as Sec 29 PWDV Act provides Revision/Appeal)
  10. Sushila Devi Vs Vikas Kumar Singhal And Ors on 9 Feb 2018 (RajHC: Dispose within 2 months)
  11. S Vs J on 17 Apr 2018 (DHC: Frame issues after hearing both parties)
  12. Ashmin Kashmiri Vs Pushkar Kashmiri on 04 Jul 2018 (HPHC: No DV, No Reliefs; not even for children)
  13. Lalita Toppo Vs State of Jharkhand on 30 October 2018 (Live-in partner can also file DV case)
  14. Shalu Ojha and Prashant Ojha case (File income affidavit as Prescribed in Kusum Sharma)
  15. Sangita Saha Vs Abhijit Saha and Ors on 28 January, 2019 (SC: No DV, No Reliefs)
    • Upheld Abhijit Saha and Ors Vs Sangita Saha on 17 September, 2015 (CalHC: No DV, No Reliefs)
  16. Ajay Kumar Vs Lata @ Sharuti on 08 April 2019 (BIL pays interim maintenance)
  17. Tillottama Kumari Vs State of Bihar and Ors on 16 May 2019 (PatHC: Dispose DVC in 6 weeks)
  18. Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (SC: No allegations of domestic violence; No shared household)
  19. NS Leelavathi Vs R Shilpa Brunda on 11 December, 2019 (Karnataka High Court)
  20. N.Prasad Vs Harithalakshmi on 20 Jul 2020 (1 year limitation of 468 CrPC applies to DV Cases)
  21. Latha.P.C and Ors Vs State of Kerala and Ors on 15 Sep 2020 (482 CrPC against DVC is not maintainable; Magistrate u/s 28(2) can apply judicial mind of Preliminary objections)
  22. Afia Rasheed Khan Vs Mazharuddin Ali Khan and Anr on 10 Oct 2022 (SC: Upheld BHC Judgment stating casual stays do not qualify as temporary stay)
  23. Satish Chander Ahuja Vs Sneha Ahuja on 15 Oct 2020 (Overruled SR Batra judgment regd Shared Household concept; but also emphasized on the alternate accommodation)
  24. S.Vanitha Vs Deputy Commissioner on 15 Dec 2020 ()

 

2021-2025

  1. Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 ()
  2. Masood Khan Vs. Millie Hazarika on 04 Mar 2021 (482 CrPC against DVC is maintainable as per Satish Chander)
  3. Maya and Ors Vs State of U.P. and Ors on 19 Mar 2021 (AllHC: Dispose DVC in 2 months)
  4. Puttaraju Vs Shivakumari on 01 Apr 2021 (MHC: Time limitation applies only for offence u/s 31 but not for the application u/s 12 of PWDV Act 2005)
  5. Robarto Nieddu Vs State of Rajasthan and Anr on 20 Nov 2021 (Raj HC: non-citizen women residing in India temporarily also are classified as ‘aggrieved person’)
  6. Suyalaly and Anr Vs Alphin Jeyasingh and Ors on 29 Nov 2021 (MadHC: Dispose within 2 months)
  7. Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (DHC: Daughter-in-law can be evicted but an alternate accommodation must be provided)
  8. Nahida Rishad Cooper Vs Ali Daruwala and Ors on 25 Feb 2022 (BHC: Relatives who have no shared house-holding can also be respondents as per proviso to Sec 2(q))
    • Ali Hamid Daruwala Vs Nahida Rishad Cooper and Anr on 28 Feb 2023 (BHC: Relying on Prabha Tyagi, BHC held that no shared householding requirement is necessary)
  9. Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022 (TelHC: Dispose in 60 days)
  10. Bhawna Vs Bhay Ram and Ors on 17 Feb 2023 [SC: No costs can be imposed on DV complainant for not proceeding with trial]
  11. Abhishek Agarwala and Anr Vs Smti Komal Poddar on 01 Mar 2023 (MegHC: Don’t insist on appearance of Respondents on each and every adjournment)
  12. Kamatchi Vs Lakshmi Narayanan on 13 Apr 2022 [SC: Limitation does not apply to Sec 12 applications under PWDV Act]
  13. Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (SC: DIR is not mandatory; No shared holding required)
  14. Rajamma H Vs Thimmaiah V on 09 Jun 2022 (KarHC: Dispose DVC within 2 weeks)
  15. Mrugesh Wasnik Vs Shweta Mrugesh on 22 Jun 2022 (BomHC: Dispose DVC within 3 months)
  16. P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (TelHC: Directions issued regd appearance of respondents)
  17. Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 (TelHC: Dispose DVC in 1 month)
  18. Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (JKHC: After WS, Magistrate may dismiss the DVC and cancel any interim orders passed)
  19. Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (APHC: My Own case: Disposal of DVC in 60 days)
  20. Sunil Kumar and Ors Vs Elizabeth on 07 Feb 2023 [KarHC: Rental amount in lieu of accommodation in shared household can be given]
  21. Bhanu Kiran Vs Rahul Khosla and Ors on 28 Feb 2023 (PHHC: Interim Orders passed by Magistrate are appealable. Sessions Court can pass Interim Orders)
  22. Sharnavva @Kasturi Vs Shivappa on 18 Apr 2023 [KarHC: No Strict proof of marriage required; No validity of marriage to be checked]
  23. Sanjeev Kumar and Ors Vs Sushma Devi on 01 Jun 2023 [HimHC: Frame Issues after Hearing Both Parties]
  24. Rangesh Srinivasan Vs Madhulika Bawa on 07 Jun 2023 [DelHC: Stay on Interim Maintenance Order]
  25. Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 [BomHC: No Shared household, so no domestic relationship so no DVC maintainable]

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to No Shared Household Protection of Women from Domestic Violence Act 2005 PWDV Act Sec 12 - Not Made Out Summary Post

Anita Tambe Vs Anand Tambe on 28 February, 2018

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Bombay High Court, in a case of DV filed after twenty seven years of the dissolution of marriage.

From Para 11,

In Zuveria Abdul Majid Patni vs. Atif Iqbal Mansoori and Another, the domestic violence took place between January 2006 and 06-9-2007 on which date first information report under Sections 498A and 406 of the Indian Penal Code was lodged by the wife against her husband and his relatives. It is in the context of these facts, that the Hon’ble Apex Court observes that even if it is accepted that during the pendency of the special leave petition the wife obtained ex parte “khula” (divorce) under the Muslim Personal Law from the Mufti on 09-5-2008, the petition under Section 12 of the DV Act is maintainable.

From Para 14,

Concededly, there is no interaction whatsoever between the petitioner wife and the respondent husband since the dissolution of marriage, not a single instance of domestic violence is pleaded in the petition the theme of which is that the petitioner wife is living at the mercy of her elder brother. Even if it is assumed, arguendo, that the limitation prescribed under Section 468 of the Criminal Procedure Code is not applicable, it is trite law, that any initiation of the proceedings under the statute must be done within a reasonable period. Even if the utmost latitude is given to the petitioner wife and it is assumed that she was subjected to domestic violence prior to the dissolution of marriage, the institution of the petition under Section 12 of the DV Act after twenty seven years of the dissolution of marriage is, as observed supra, a gross abuse of the statutory provisions.

Anita Tambe Vs Anand Tambe on 28 February, 2018

Citations:

Indiankanoon.org link: https://indiankanoon.org/doc/175316050/


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 Abuse Or Misuse of Process of Court Anita Tambe Vs Anand Tambe PIL - CrPC 125 Must Go From Statute Book PWDV Act - Dismissed On Merits PWDV Act Sec 12 - Not Made Out PWDV Act Sec 2(f) - Not Maintainable After Divorce | Leave a comment

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