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Shades of Knife

True Colors of a Vile Wife

Tag: PWDV Act Sec 20 – Maintenance Order Set Aside

Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors on 05 Feb 2025

Posted on March 21 by ShadesOfKnife

A single judge bench of Andhra Pradesh High Court held that an Order for Maintenance passed without adhering to the guidelines issued by Apex Court in Rajnesh Vs Neha is liable to be set aside.

From Para 6,

6. Learned counsel for the petitioner herein/husband would contend that no disclosure statement was filed by the respondent No.1 herein/wife and without the said statement, it is difficult to estimate the financial expenses of either of the parties to come to a conclusion as to how much amount is to be awarded to the respondent Nos.1 and 2 towards maintenance.

From Para 8,

8. A perusal of entire material on record coupled with the Order and Judgment passed by the learned Magistrate and the learned Sessions Judge, respectively, goes to show that either of the parties did not file disclosure statement. A disclosure statement in a Domestic Violence Case (DVC) refers to a document where a party involved in the case is required to provide detailed information about their financial assets and liabilities, including income, property ownership, bank accounts, and debt, as per the Court’s Order, usually to help in determining the appropriate maintenance or compensation amount in the case

From Para 10,

10. A plain reading of the above proposition of law, it is evident that while deciding the quantum of maintenance in the subsequent proceeding, the Civil Court/Family Court shall take into account the maintenance awarded in any previously instituted proceeding, and determine the maintenance payable to the claimant. The applicant shall disclose the previous maintenance proceeding, and the orders passed therein, to enable the Court to take into consideration the maintenance that was already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount and if the order passed in the previous proceeding requires any modification or variation, the party would be required to move the concerned court in the previous proceeding. In the case on hand, apparently, no disclosure statement was filed. It is mandatory that both husband and wife are supposed to file the disclosure statement before the trial Court. In view of the aforesaid facts and circumstances, this Court is of the opinion that the case in DVC No.27 of 2016 shall be remanded to the Special Judicial Magistrate of First Class for trial of Prohibition and Excise Offences, Nellore, for fresh disposal.

Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors on 05 Feb 2025

Disclaimer: This is a case that I handled myself for the husband.


Citations:

Other Sources:

 


Index of Maintenance cases under section 12 of DV Act is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors Landmark Case Not followed Guidelines in Rajnesh Vs Neha Judgment PWDV Act Sec 20 - Maintenance Order Set Aside Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr | Leave a comment

Gautam Jairam Gawai Vs Ragini Gautam Gawai & Anr on 20 January, 2017

Posted on December 8, 2018 by ShadesOfKnife

In this judgment from Nagpur bench of Bombay High Court, Hon’ble sent the case of cunning knife packed out, as it was not established that the knife could not only show existence of live-in-relationship with the non-applicant which is akin to a marriage visible from the fact that applicant and non-applicant are living together as husband and wife but also should show that they are otherwise legally qualified to marry.

This knife was cunning enough to engage in extra-marital affair, as the earlier marriage was not legally terminated and on top of it, tried level-best to fasten paternity of children from first marriage on to paramour, who was married to another woman and had 3 children with her.

Gautam Jairam Gawai Vs Ragini Gautam Gawai & Anr on 20 January, 2017

[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 High Court of Bombay Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Maintenance Order Set Aside Gautam Jairam Gawai Vs Ragini Gautam Gawai and Anr PWDV Act Sec 20 - Maintenance Order Set Aside Same Allegations in 125 CrPC or BNSS 144 and PWDV Case | Leave a comment

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