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Tag: Summary Post

Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey on 21 Apr 2026 – Judgement Summary

Posted on April 30 by Suprajaa Rajan

In Dr. Garima Dubey & Ors. v. Dr. Saurabh Anand Dubey, the Allahabad High Court addressed whether a highly qualified spouse can claim interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (HMA) despite having the capacity to earn.

The case arose from a matrimonial dispute where the husband, a neurosurgeon, filed for divorce, and the wife, a qualified gynaecologist (M.D.), sought maintenance for herself and her children under Sections 24 and 26 HMA. While the trial court granted ₹60,000 per month for the children under Section 26, it denied maintenance to the wife under Section 24.

Challenging this partial rejection, the wife approached the High Court, claiming unemployment and entitlement to maintain the same standard of living. The Court, however, emphasised that earning capacity and qualifications cannot be ignored, particularly where evidence shows substantial prior income.

The Court ultimately upheld the trial court’s decision, reiterating that maintenance is not meant to support voluntary unemployment.

“5. Undisputedly, the appellant is a trained Gynecologist being a Post- Graduate possessing a degree in M.D. (Gynecology)…..”

“6. Where a qualified person is capable of earning more than enough through the use of her expertise and still refrains from doing so only to impose a burden upon her husband, in such a situation the Courts can deny maintenance under Section 24. Therefore, having gone through the order passed by the learned trial court where the application under Section 24 was rejected where the learned trial court has held that the appellant was earning handsomely based upon her ITRs which reflected that she was earning more than Rs.31 lakhs per annum.”

“7. Under the circumstances, this Court is of the opinion that the impugned order cannot be faulted.”

Decision

The Allahabad High Court dismissed the appeal and upheld the trial court’s order, holding that:

  • The wife, being a highly qualified medical professional, possesses sufficient earning capacity.
  • Voluntary unemployment cannot be a ground to claim maintenance under Section 24 HMA.
  • Documentary evidence (ITRs) demonstrated that the wife had substantial prior earnings, weakening her claim of financial dependency.
  • Maintenance granted to the children under Section 26 HMA was appropriate and continues at ₹60,000 per month.

The Court concluded that the trial court’s decision was legally sound and required no interference.


Garima Dubey and Ors Vs Saurabh Anand Dubey on 21 Apr 2026

Citation : 2026:AHC:88382-DB

Other Sources:


Index of Maintenance Judgments under Hindu Marriage Act is here.


Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150


 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey Hindu Marriage Act HMA Sec 24 Matrimonial dispute Matrimonial law Summary Post | Leave a comment

Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 – Judgment Summary

Posted on March 26 by Suprajaa Rajan

The Bombay High Court in Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 held that courts must quash criminal proceedings when allegations fail to meet the legal threshold of cruelty under Section 498A IPC. The Court found that the allegations were exaggerated, omnibus, and not grave in nature.

It further observed that prior knowledge of the husband’s medical condition weakens claims of suppression. Additionally, routine marital discord or trivial disputes cannot amount to cruelty.

Therefore, the Court concluded that continuation of criminal proceedings would amount to abuse of process of law.


“5. Therefore, either the case may come under Explanation (a) or Explanation (b) or in some cases it may be both. But such cruelty then should be of a grave nature.”

“5. Now, except the statement of informant there is nothing in the charge sheet. The Investigating Officer has not even taken care to make inquiry with the neighbours of applicants regarding the treatment given by applicants to informant.”

“5. Making annoying statements that informant was not wearing proper clothes, was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment.”

“7. When the relationship gets strained, it appears that exaggerations are made.”

“7. When everything was disclosed prior to the marriage and allegations are omnibus or of not so grave for befitting in the concept of cruelty contemplated under Section 498-A of the Indian Penal Code, it would be an abuse of process of law if the applicants are asked to face the trial.”

Decision

The Court allowed the criminal application. It quashed Regular Criminal Case under Sections 498A, 323, 504, 506 read with Section 34 IPC (corresponding provisions under BNS).

The Court held that allegations lacked gravity and specificity. It further held that continuation of proceedings would amount to abuse of process of law.


Tushar Sampath Mane and Ors Vs State of Maharashtra on 8 Aug 2025

Citation :2025:BHC-AUG:21166-DB

Other Sources :


Index of Quash Judgment u/s 482 Cr.P.C is here.


Related Legal Concepts

Explore related stages and concepts in criminal procedure:

  • Meaning of cruelty under Criminal law
  • Omnibus Allegations in matrimonial cases
  • Dowry Demand and Harassment
  • Matrimonial Disputes vs Criminal Liability

 

 


Key Contributor : 

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court CrPC 482 - Quash Summary Post Tushar Sampat Mane and Ors Vs State of Maharashtra | Leave a comment

Deep Dey Vs State of West Bengal and Anr on 6 Mar 2026

Posted on March 15 by Suprajaa Rajan

Calcutta High Court: Stamp Paper Marriage Has No Legal Validity; Bigamy Case Quashed

A single-judge Bench of the Calcutta High Court held that a marriage executed only through an agreement on stamp paper has no legal recognition under the Hindu Marriage Act, 1955.

The complainant claimed that she married the petitioner through a written agreement on stamp paper. Later, the petitioner entered into a registered marriage with another woman. The complainant then filed a criminal case alleging bigamy under Section 494 IPC and cruelty under Section 498A IPC.

However, the Court clarified that Hindu law requires solemnisation of marriage through recognised rites and ceremonies. A mere written agreement cannot create a valid marriage. Therefore, criminal liability for bigamy cannot arise from such an arrangement. As a result, the Court held that continuation of the criminal case would amount to an abuse of the process of law.

“A marriage by signature on an agreement paper is a mode of union unrecognised under this Act. It is a procedure unknown to Hindu Law; consequently, a ‘contractual marriage’ is a legal nullity.” (Para 13)

“Unless the marriage is ‘solemnized’ in the legal sense, it cannot be said to be a marriage for the purposes of the penal section.” (Para 14)

“There is a vital distinction between a marriage that is technically void… and a union that is legally non-existent from the start.” (Para 17)

“The shift from a ‘stamp paper marriage’ in the FIR to a ‘temple marriage’ in subsequent witness statements is a transparent attempt to cure a fatal legal infirmity.” (Para 18)

Decision of the Court

Therefore, the Calcutta High Court held that the alleged stamp-paper marriage had no legal validity under Hindu law. Consequently, the ingredients of Section 494 IPC and Section 498A IPC were not satisfied.

The Court thus exercised its inherent powers under Section 482 CrPC (Section 528 BNSS) and quashed the criminal proceedings against the petitioner. However, the Court clarified that the complainant may pursue other remedies available in law, if applicable.


Deep day Vs State of West Bengal and Anr on 6 Mar 2026

Citation :

Other Sources :


Index of Bigamy Judgments under Sections 494 and 495 of IPC is here.


Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed Deep Dey Vs State of West Bengal and Anr Hindu Marriage Act Matrimonial dispute Summary Post | Leave a comment

Cases where Perjury Proceedings were initiated

Posted on July 3, 2025 by ShadesOfKnife

This page lists some cases where Criminal Proceedings were initiated for committing the offence of Perjury under IPC 1872/BNS 2023.

  • State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 [Senior Civil Judge Court, Gajuwaka, Visakhapatnam, Andhra Pradesh]

 


Index of Perjury Judgements is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Cases where Perjury Proceedings were initated Perjury Under 340 CrPC Summary Post | Leave a comment

Judgments about Look Out Circular Notices

Posted on March 25, 2025 by ShadesOfKnife

A short collection of judgments about Look Out Circular Notices.

  1. Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 [DHC: issued certain guidelines to be followed for issuing Look Out Circulars]
  2. S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 [MadHC: LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court’s jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant]
  3. Rashmi Raikhy & Anr Vs The State of NCT Delhi & Ors on 1 Feb 2018 [DelhiHC: LOC cannot be mechanically issued in matrimonial disputes when accused are not absconding.]
  4. Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 [APHC: Follows Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010]
  5. Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022 [DHC: No LOC may be issued when no proceedings under any penal law have, in fact, been initiated]
  6. Noor Paul Vs Union of India and Ors on 05 Apr 2022 [PHHC: Non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure and therefore it is violative of Art.21 of the Constitution of India]
    • However, the said directions are currently stayed by the Hon’ble Supreme Court in Bank of India v. Noor Paul S.L.P.(C) No. 7733/2022. Last listing on 26-Sep-2022!) Jai ho, SCI!
  7. Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022 [KarHC: ]
  8. Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023 [TSHC: Practice of Telangana Police in not sending delete LOC requests to BoI, after a competent Criminal Court grants bail to an accused]
  9. Bagadi Santhosh Kumar Vs Union of India and Ors on 12 Mar 2025 [APHC : Look-Out Circulars cannot be issued routinely and directed withdrawal of LOC affecting personal liberty.]
  10. Mohammed Azeem Vs Saheeba and Ors on 22 Sep 2025 [KarHC : Family Courts cannot issue Look Out Circulars for recovery of maintenance under Section 125 CrPC.]
  11. Lagubeeru Venkata Arun Kiran Vs Union of India and Ors on 04 Feb 2026 [APHC: Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or that person may potentially indulge in an act of terrorism or offence against the State, if such person is allowed to leave or where travel ought not be permitted in the larger public interest at any given point of time.]

MASTER INDEX is here.


 

Frequently Asked Questions – Look Out Circular (LOC) Jurisprudence in India

A Look Out Circular (LOC) is an alert issued by law enforcement authorities to immigration, police and border control agencies to prevent a person from leaving the country, usually where that person is an accused in a criminal investigation or trial. LOCs are intended to ensure that individuals do not evade court process or investigation.

Judicial decisions hold that LOCs should only be issued when there is reasonable apprehension that an accused may evade justice — for example:

  • The individual is absconding or likely to escape.
  • There is a pending investigation or trial under a penal statute.
    Issuing an LOC without such circumstances is generally considered unjustified.

Yes. Courts have repeatedly held that:

  • The authority that issued the LOC can withdraw it.
  • Criminal courts can cancel or affirm an LOC on application, similar to the manner in which non-bailable warrants can be cancelled.
    This ensures judicial oversight over LOC issuance and helps protect fundamental liberties.

No. Decisions such as Vikas Chaudhary v. Union of India emphasise that an LOC cannot be issued in the absence of criminal proceedings, since there is no basis to believe the person is evading investigation or trial.

Yes. The Punjab & Haryana High Court in Noor Paul v. Union of India held that non-supply of the LOC copy, lack of reasons for issuance, and absence of any hearing violate principles of natural justice and Article 21 of the Constitution of India (protection of life and personal liberty).

No. Courts have rejected the practice of issuing LOCs in contexts not grounded in criminal law, such as:

  • Maintenance enforcement under Section 125 CrPC (as reiterated by Karnataka High Court), and
  • Money recovery in civil or financial disputes.
    LOC powers are for criminal process enforcement, not civil remedies.

Yes. In cases such as Yerramilli Srinivas v. State of Telangana, courts admonished police for not sending delete LOC requests to immigration authorities after bail has been granted, stressing that LOCs should not remain active once the accused appears or complies with court orders.

Yes. LOCs can restrict a person’s right to travel abroad, which is part of the fundamental right under Article 21 of the Constitution (right to life and personal liberty). Therefore, LOC issuance must satisfy reasonableness, fairness, and due process.

Some judgments (e.g., Lagubeeru Venkata Arun Kiran v. Union of India) state that LOCs may be justified only in exceptional circumstances, such as where departure of a person may be damaging to national security, sovereignty, or strategic interests — not as an ordinary procedural measure.

No. High Courts (e.g., Telangana High Court) have clarified that complainants do not have a fundamental right to insist upon issuance of an LOC — it is a discretionary executive/ investigative action guided by law, not by individual entitlement.

Constitutional courts have directed that:

  • LOCs must be withdrawn or deleted when they are no longer required.
  • Investigating authorities must regularly review LOCs and update immigration authorities.
    Failure to do so can lead to judicial intervention or orders mandating LOC deletion.

 


Posted in Assorted Court Judgments or Orders or Notifications | Tagged Look Out Circular Notices Summary Post | Leave a comment

Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956

Posted on March 11, 2024 by ShadesOfKnife

 

Supreme Court:

Vimalben Ajitbhai Patel Vs Vatslabeen Ashokbhai Patel And others on 14 March, 2008 [In Para 24, held that mother-in-law cannot be fastened with any liability of maintenance towards widowed daughter-in-law]

 

Delhi High Court:

  1. Laxmi and Anr Vs Shyam Pratap and Anr on 28 Apr 2022 [failed to disclose any estate of her husband having devolved upon the respondents; Father-in-law expired and the appellants cannot as a matter of right, claim any maintenance from mother-in-law]
  2. Suresh Tiwari and Anr Vs Madhu Tiwari on 31 Jul 2023 [No averment of the father-in-law holding any coparcenary property against which the daughter-in-law can maintain her claim under Section 19 of the Act and furthermore Impugned Order also does not give any such finding]

 

Patna High Court:

  1. Ram Prasad Sahni Vs Punita Devi and Ors on 22 Jun 2017 [Trail Court failed to adjudicate whether the husband has left any estate for the applicant or whether her father-in-law has sufficient income or not]

 

Punjab and Haryana High Court:

  1. Sunita and Anr Vs Pyare Lal and Ors on 08 Nov 2010 [Under Section 18 of the Act, a Hindu wife can claim maintenance from her husband but not from her in-laws. Under Section 19 of the Act, a Hindu wife can claim maintenance from her father-in-law after the death of her husband, provided and to the extent that she is unable to maintain herself and this right shall not be enforceable if father-in-law has no means to do so from coparcenary property. Under Sections 21 and 22 of the Act, grandchild is not entitled to claim maintenance from grandparents because they have not inherited any estate from their deceased son]
  2. Satpal Vs Suman and Ors on 31 May 2019 [Mother-in-law cannot be made liable to maintenance to windowed daughter-in-law; grandchildren are entitled for maintenance]

 


Index of all Maintenance judgments is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged HAM Act 19 - Maintenance of Widowed Daughter-in-law Summary Post Work-In-Progress Article | Leave a comment

Change the Advocate who earlier filed vakalatnama

Posted on January 21, 2021 by ShadesOfKnife

Here are few case laws to support your effort in changing an advocate who is already on record of a Court in your cases.

(Smooth way is through issuing a termination letter discharging existing Advocate from case who earlier filed vakalatnama and communicating the same to advocate)

  1. R.D. Saxena Vs Balram Prasad Sharma on 22 August, 2000
  2. New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
  3. C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
  4. Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
  5. Bhagya and Ors Vs Jayalakshmi and Ors on 13 Feb 2019 [Only after the advocate was discharged by client, following the due procedure established by law, a client can engage a new advocate]

 


Sample termination letter to get rid of earlier advocate who earlier filed vakalatnama. Customize it please.

2025-07-25 Termination letter (to be Filed by the Client) TEMPLATE
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Accused Have Right To Change Advocate Advocate Doesnot Have Lien Advocates Act Section 32 Need 'No Objection Certificate (NOC)' From Advocate Before Engaging new Advocate No Need Of No Objection Certificate (NOC) From Advocate Summary Post | Leave a comment

Case laws or Judgments under SC and ST (Prevention of Atrocities) Act 1989

Posted on January 13, 2021 by ShadesOfKnife

A compilation of judgments from various Courts of India in relation to SC and ST (Prevention of Atrocities) Act 1989

  1. Shelbin Vs State of Kerala on 16 February, 2018 (AB in a SC and ST Act case)
  2. Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020 (Charge sheet Quashed; insult not in public view but over a phone call)
  3. Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020 (A complaint u.s 156(3) is maintainable in the Special SC/ST Court)
  4. Hitesh Verma Vs State of Uttarakhand and Anr on 05 Nov 2020
Posted in Assorted Court Judgments or Orders or Notifications | Tagged SC and ST Act Summary Post | Leave a comment

Kirti Nagpal Vs Rohit Girdhar Case

Posted on November 21, 2020 by ShadesOfKnife

Set of cases filed by the ex-Couple, Kirti Nagpal Vs Rohit Girdhar

  1. Kirti Nagpal Vs Rohit Girdhar on 12 February, 2019 [Interim Maintenance u/s 24 of HMA was denied]
  2. Kirti Nagpal Vs Rohit Girdhar on 20 Nov 2020 [Appeal on Divorce was dismissed]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Kirti Nagpal Vs Rohit Girdhar Summary Post | Leave a comment

Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu Case

Posted on November 14, 2020 by ShadesOfKnife

Here is the list of the cases fought by this couple. It is just a hilarious case that there are 11 Respondents arraigned in this case. Go figure!

  1. Kunapareddy @ Nookala Shanka Balaji Vs Kunapareddy Swarna Kumari On 18 April, 2016 : (SC says, amendments in petitions can be allowed, before Court takes cognizance of the case)
  2. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu on 12 August, 2016 : (Trial Court doles of relief after relief supported by BS)
  3. Kunapureddy @ Nookala Shankar Vs Kunapureddy Swarna Kumari on 5 January, 2018 : (Husband files appeal at Sessions; return of dowry amount of Rs.3.00 Lakhs and compensation amount of Rs.15.00 Lakhs set aside; despite no evidence for DV, but Monthly maintenance of Rs.10,000/- is confirmed anyways)
  4. Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shankar on 5 January, 2018 : (Wife files appeal at Sessions seeking enhancement in monthly maintenance; Dismissed)
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Amendment In Criminal Case Kunapureddy Swarna Kumari Vs Kunapureddy @ Nookala Shanka Balaji Naidu PWDV Act Sec 12 - Domestic Violence Application to Magistrate Summary Post | Leave a comment

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Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
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  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    THIS IS A SCHEDULED EVENT Jun 25, 00:00 - 05:00 UTC Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ARN (Stockholm) on 2026-06-24 June 24, 2026
    THIS IS A SCHEDULED EVENT Jun 24, 00:00 - 05:00 UTC Jun 19, 13:08 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-24 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • MSP (Minneapolis) on 2026-06-23 June 23, 2026
    THIS IS A SCHEDULED EVENT Jun 23, 03:00 - 08:00 UTC Jun 18, 18:30 UTC Scheduled - We will be performing scheduled maintenance in MSP (Minneapolis) datacenter on 2026-06-23 between 03:00 and 08:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]

RSS List of Spam Server IPs from Project Honeypot

  • 34.14.86.214 | SD June 22, 2026
    Event: Bad Event | Total: 12 | First: 2026-01-12 | Last: 2026-06-22
  • 34.52.210.100 | S June 22, 2026
    Event: Bad Event | Total: 2 | First: 2026-06-22 | Last: 2026-06-22
  • 45.174.88.88 | S June 22, 2026
    Event: Bad Event | Total: 10 | First: 2025-08-07 | Last: 2026-06-22
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