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Tag: Shalu Ojha Vs Prashant Ojha

The Kusum Sharma Vs Mahinder Kumar Sharma case

Posted on August 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Delhi High Court on the case of Kusum Sharma Vs Mahinder Kumar Sharma case.

  1. On 14 January 2015, Hon’ble Delhi High Court has prescribed the format for the affidavit that all parties of matrimonial cases have to file, so that the disposal can happen in 60 days as mandated by the Section 24 of Hindu Marriage Act, 1955 here.
  2. The appellant Kusum Sharma has expired on 26th September, 2016 here.
  3. On 29 May, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. On 6 December, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file. See a consolidated update here.
  4. On 3 July 2019, expeditious disposal of maintenance applications at the Family court is sough in DHC here.
  5. On 06 August 2020, Delhi High Court again revised the Affidavit template to capture the assets and liabilities details here.

UPDATES:

Next Date: 18th December, 2020


This judgment is gainfully used in Shalu Ojha case here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha Work-In-Progress Article

Shalu Ojha Vs Prashant Ojha on 25 January, 2019

Posted on June 29, 2019 by ShadesOfKnife

This is the contempt petition allowed by Supreme Court and levying cost of Rs.25,000/- on the husband.

Apex Court says,

Since the petitioner is unnecessarily dragged to this Court and had to file this Contempt Petition, we impose a cost of Rs. 25,000/- which shall be paid to the petitioner by 15.02.2019.

Shalu Ojha Vs Prashant Ojha on 25 January, 2019

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Fine For Contempt Of Court Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019

Posted on June 29, 2019 by ShadesOfKnife

Delhi High Court held that the divorce granted to husband by closing the right of the appellant to cross-examine the respondent and also further proceeded to close complainant’s evidence; as well as thereafter pronounce ex parte judgment on the same day,

Shalu Ojha Vs Prashant Ojha on 28 February, 2019

The Case Index is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Divorce Set Aside Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 23 July, 2018

Posted on June 29, 2019 by ShadesOfKnife

In this proceedings, Apex Court has observed some interesting information. Take a look.

From Para 6,

It is not understood as to how petitioner’s share of expenditure is Rs. 1 lakh per month out of Rs.1.5 lakhs monthly expenditure. Likewise, it is not explained in Col. 16 as to in what form, income of Rs. 1.5 lakhs per month is generated and who is earning that income. Of course, the petitioner has otherwise maintained that she is not having any other source of income except the amount of maintenance given to her by the respondent. The petitioner has also stated that she is compelled to live in her parents house as the maintenance amount is not sufficient even to pay monthly rent of an aparment.

From Para 8,

In the reply affidavit filed by the respondent, it is averred that the petitioner is maintaining four bank accounts and the total amount lying in these accounts is Rs.8,36,610/-. It is also stated that the petitioner is having fixed deposits in the banks for a total sum of Rs. 35,75,000/-. In this manner, the total bank balance of the petitioner is Rs.44,11,610/-. As against this, the respondent has paid to the petitioner a sum of Rs.49 lakhs from June 4, 2009 to July, 2017. Thus, in the last eight years, against a sum of Rs.49 lakhs paid by the respondent to the petitioner, the petitioner is still having bank balance of Rs.44 lakhs. According to the respondent, it would be inconceivable that petitioner has spent only Rs.5 lakhs of rupees (or little more if interest earned by the petitioner on the aforesaid Rs.49 lakhs is added) in eight years and that shows that she has other sources of income as well. Other averments in the petitioner’s affidavit was also denied including her share of expenditure in the neighbourhood of Rs.1 lakh per month or that respondent is earning Rs.20 lakhs per month. In respect of the particulars given by the petitioner about the businesses of the respondent, the respondent has denied the same and submits that, at present, there is no Restaurant or Bar anywhere in India in which respondent has any share or interest. He has his own explanation and has given alleged circumstances in which he had to give up his share in certain businesses. The petitioner has controverted his averments in her rejoinder affidavit. During arguments, the petitioner also tried to demonstrate, by referring to certain documents filed by her, that the respondent was indulging in falsehood.

Advice from Supreme Court, hmmm

In these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis of such material, appropriate view is taken by the said Court.

 

Shalu Ojha Vs Prashant Ojha on 23 July, 2018

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 4 September, 2017

Posted on June 29, 2019 by ShadesOfKnife

In this reportable judgment, Apex Court directed the trail court to dispose of the petition in eight months.

Shalu Ojha Vs Prashant Ojha on 4 September, 2017

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Reportable Judgement or Order Shalu Ojha Vs Prashant Ojha

Shalu Ojha vs Prashant Ojha on 09 March, 2018

Posted on June 29, 2019 by ShadesOfKnife

In this proceeding, Petitioner-in-person sought and got one week’s time to file rejoinder affidavit. The Apex Court is also informed by the learned counsel for the respondent that in matrimonial case, vide judgment and order dated 06.02.2018, the trial court has allowed the divorce petition of the respondent and granted decree of divorce on the ground of cruelty.

Shalu Ojha vs Prashant Ojha on 09 March, 2018

The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Shalu Ojha Vs Prashant Ojha

The Shalu Ojha and Prashant Ojha case

Posted on June 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Supreme Court of India on the case of Shalu Ojha Vs Prashant Ojha.

  1. On 18 September, 2014, Advocate of the complainant showed antics here.
  2. On 4 September, 2017, Supreme Court directs the parties to file documents and lead evidence in the DV Case here.
  3. On 29 January, 2018, Supreme Court directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996) here.
  4. On 09 March, 2018, trial court granted divorce to Prashant from Shalu on the grounds of cruelty, in a 1-day mode here.
  5. On 23 July, 2018, Apex Court observed some telltale signs of maliciousness in the affidavit of the complainant here.
  6. On 25 January, 2019, Apex Court levied Rs.25,000/- as fine to husband for unnecessarily dragged to this Court and had to file a Contempt Petition, here.
  7. On 28 February, 2019, Delhi High Court has set aside the Divorce decree granted by Family Court, in a 1-day mode here.

    The index page is here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha

Shalu Ojha vs Prashant Ojha on 29 January, 2018

Posted on June 29, 2019 by ShadesOfKnife

A very good judgment from Apex Court, which directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996).

Shalu Ojha vs Prashant Ojha on 29 January, 2018 IMP

The Kusum Sharma v. Mahinder Kumar Sharma is here.


The Case Index is available here.


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 Supreme Court of India Judgment or Order or Notification | Tagged Landmark Case Shalu Ojha Vs Prashant Ojha

Shalu Ojha Vs Prashant Ojha on 18 September, 2014

Posted on May 8, 2018 by ShadesOfKnife

Interesting act of counsel !!

In Para 14,

Strangely, when the appellant’s application for the payment of current maintenance in C.M. No.18869 of 2013 was listed on 27.5.2014 before the High Court along with other connected matters in Appeal (Crl. Misc. Case No.1975 of 2013) preferred by the respondent, the application of the appellant was dismissed as “not pressed” on representation made by the counsel appearing for the appellant. The
appellant appeared in person before us and made a statement that such instructions not to press the application were never given to the counsel who appeared in the High Court and hence the present appeal.

Shalu Ojha vs Prashant Ojha on 18 September, 2014

 

The same parties have been fighting DVC case still and the case number at Apex Court is “Petition(s) for Special Leave to Appeal (Crl.) No(s). 3935/2016“.

Search for latest daily orders here.

Search link on Indiankanoon.org here.


The Case Index is available here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Advocate Antics Shalu Ojha Vs Prashant Ojha | Leave a comment

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