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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. V.K.Vijayalekshmi Amma Vs Bindu V on 2 Dec 2009 ()
  5. Vijay Verma Vs State NCT of Delhi and Anr on 13 August, 2010 (Delhi High Court)
  6. 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. Ashish Dixit and Ors Vs State of U.P. and Anr on 7 January, 2013 (Quashing of false DVC on relatives of husband)
  6. Markapuram Siva Rao & Others Vs State of Andhra Pradesh on 30 April, 2013 (Andhra Pradesh High Court)
  7. Indra Sarma vs V.K.V.Sarma on 26 November, 2013 (No relationship in the nature of marriage, no DV can apply)
  8. Kolli Babi Sarojini And Others Vs Kolli Jayalaxmi And Another on 29 April, 2014 (Andhra Pradesh High Court)
  9. Chandra Sukanya Devi Vs Chandra Srinivasulu on 18 November, 2014 (JMFC Court, Ongole, Andhra Pradesh)
  10. A.K. Srinivasa Rao and 3 Ors Vs State of AP on 19 January, 2015 (Andhra Pradesh High Court)
  11. P.Sugunamma And Others Vs State Of A.P. on 19 January, 2015 (Andhra Pradesh High Court)
  12. 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, earlier case dismissed on same allegations)
  13. Rajkishore Shukla Vs Asha Shukla on 22 September, 2015 (Madhya Pradesh High Court)
  14. 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. 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)]
  4. Yadlapalli Mary Mani Vs The State Of Andhra Pradesh on 21 December, 2016 (Andhra Pradesh High Court)
  5. Manmohan Attavar Vs Neelam Manmohan Attavar on 14 July, 2017 (Supreme Court)
  6. Santineer Vincent Rajkumar Vs R.Rejitha on 3 August, 2017 (Andhra Pradesh High Court)
  7. 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)
  8. S Vs J on 17 Apr 2018 (DHC: Frame issues after hearing both parties)
  9. Lalita Toppo Vs State of Jharkhand on 30 October 2018 (Live-in partner can also file DV case)
  10. Shalu Ojha and Prashant Ojha case (File income affidavit as Prescribed in Kusum Sharma)
  11. Ajay Kumar Vs Lata @ Sharuti on 08 April 2019 (BIL pays interim maintenance)
  12. Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (SC: No allegations of domestic violence; No shared household)
  13. NS Leelavathi Vs R Shilpa Brunda on 11 December, 2019 (Karnataka High Court)
  14. N.Prasad Vs Harithalakshmi on 20 Jul 2020 (1 year limitation of 468 CrPC applies to DV Cases)
  15. 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)
  16. 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)
  17. 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. 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)
  4. 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’)
  5. Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (DHC: Daughter-in-law can be evicted but an alternate accommodation must be provided)
  6. Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (SC: DIR is not mandatory)
  7. Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 (APHC: Dispose DVC in 1 month)

 


MASTER SITEMAP here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments No Shared Household PWDV 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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