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True Colors of a Vile Wife

Tag: Work-In-Progress Article

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Posted on May 23 by ShadesOfKnife

Supreme Court referred to the Part II of the First Schedule of the Cr.P.C. to decide if a penal provision in any law is a cognizable or non-cognizable offence.

5.1 The short question which is posed for consideration before this Court is, whether, the offence under Section 63 of the Copyright Act is a cognizable offence as considered by the Trial Court or a non-cognizable offence as observed and held by the High Court.
5.2 While answering the aforesaid question Section 63 of the Copyright Act and Part II of the First Schedule of the Cr.P.C. are required to be referred to.
5.3 Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the learned Magistrate may sentence the accused for a period of three years also. In that view of the matter considering Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is acognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be non-cognizable. In view of the above clear position of law, the decision in the case of Rakesh Kumar Paul (supra) relied upon by learned counsel appearing on behalf of respondent no.2 shall not be applicable to the facts of the case on hand. The language of the provision in Part II of First Schedule is very clear and there is no ambiguity whatsoever.

MS Knit Pro International Vs State of NCT Delhi and Anr on 20 May 2022

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Knit Pro International Vs State of NCT Delhi and Anr Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Posted on May 20 by ShadesOfKnife

 

Prabha Tyagi Vs Kamlesh Devi on 12 May 2022

Citations :

Other Sources :

https://indiankanoon.org/doc/85317640/

https://www.casemine.com/judgement/in/627eb23ab50db90fd1943198

https://www.indianemployees.com/judgments/details/prabha-tyagi-vs-kamlesh-devi

Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Landmark Case Legal Procedure Explained - Interpretation of Statutes Prabha Tyagi Vs Kamlesh Devi PWDV Act Sec 17 - Right to reside in a shared household Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Beena MS Vs Shino G Babu on 04 Feb 2022

Posted on February 28 by ShadesOfKnife

A Division bench of Kerala High Court held the following in a Divorce Matter, wherein one party is withholding the consent in a irretrievably broken-down marriage.

From Para 5,

5. The husband attributes this conduct as a behavioural disorder. The wife denies the same. We are not able to discern ourselves to classify this as
behavioural disorder or not. There are various types of personality disorders. In the absence of any medical evidence before us, we may not be able to classify this behaviour as a personality disorder. But, we are sure unstable emotions and relationships existed between the parties as revealed from Exts.A2 to A4 e-mail chatting reports and Ext.A5 whatsapp message. If one of the spouses is unable to adjust to such behaviour, that party cannot be found fault with. The obsessive nature of the character possessed by the wife would have led to a deteriorating relationship between the parties from the initial phase of life itself. Chasing happiness based on schedules instead of living in the moment, appears to be the vowed daily life routine adopted by her. She was not realistic to the fact that the secret of marital harmony lies in accepting the life as it unfolds and not becoming a stickler of the schedules or routines. Compulsive obsessiveness is also considered as a disorder. Though we are not sure about attributing the appellant as a person who suffers from such disorder, on going though the evidence, we are certain such attitude and behaviour was unbearable to the husband. If the conduct and character of one party causes misery and agony to the other spouse, the element of cruelty to the spouse would surface, justifying grant of divorce. If the parties cannot mend their ways, the law cannot remain oblivious to those who suffer in that relationship. In any matrimonial relationship, spouses may have a different outlook on the marriage based on faith, perceptions, outlook, attitudes, social ethos, etc. Fearing divorce is repugnant to his or her notion, one would refrain from the divorce based on mutual consent. The court cannot leave the life of a spouse to the mercy of the opposite spouse. Human problem requires resolution consistent with the notion of justice. The husband wants to get out of the misery and agony of the relationship; though, what was portrayed before the court is the fault of the wife, the husband also failed in building the relationship. We made an attempt for conciliation. The said attempt failed. There is no scope for reviving the dead marriage. The Apex Court in Naveen Kohli v. Neelu Kohli [(2006) 4 SCC 558], opined that if the parties cannot live together on account of obvious differences, one of the parties is adamant and callous in attitude for having divorce on mutual consent, such attitude can be treated as the cause of mental cruelty to other spouses.

From Para 6,

6. The law on divorce recognises both fault and consent as a cause for separation. When both the parties are unable to lead a meaningful matrimonial life due to inherent differences of opinion and one party is willing for separation and the other party is withholding consent for mutual separation, that itself would cause mental agony and cruelty to the spouse who demands separation. The purpose of marriage is to hold matrimonial ties lifelong, respecting mutual obligations and rights. The companionship of spouses creates oneness of the mind to walk together. It is through mutual respect and courtship, the companionship is built and fortified. The modern jurisprudence of irretrievable break down to allow divorce is premised on the fact that the spouses can never remain together on account of their differences. If the court is able to form an opinion that due to incompatibility, the marriage failed and one of the spouses was withholding consent for mutual separation, the court can very well treat that conduct itself as cruelty. If one of the spouses is refusing to accord divorce on mutual consent after having convinced of the fact that the marriage failed, it is nothing but cruelty to spite the other spouse. No one can force another to continue in a legal tie and relationship if the relationship deteriorated beyond repair. The portrayal of such conduct through manifest behaviour of the spouse in a manner understood by a prudent as ‘cruelty’ is the language of the lawyer for a cause before the court. This case is also not different. The behavioural disorder pointed out against the appellant in the petition for divorce was essentially reflection of incompatibility that existed between the parties. The husband wants to get out of the struggled relationship, on the projected cause of cruelty with reference to the incidents of misbehaviour. Incompatibility is a factor that can be reckoned while considering the ground for cruelty, if one of the spouses withholds the consent of mutual separation, though incompatibility is not recognised as ground for divorce.

Beena MS Vs Shino G Babu on 04 Feb 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Beena MS Vs Shino G Babu Divorce granted on Cruelty ground Divorce Granted to Husband Irretrievable Breakdown of Marriage Mutual Consent Divorce Naveen Kohli Vs Neelu Kohli Samar Ghosh vs Jaya Ghosh Work-In-Progress Article | Leave a comment

Lifecycle Stages of a Maintenance Case under 125 CrPC

Posted on December 10, 2021 by ShadesOfKnife

Listed below are a reasonably laid out sequence of events in a Maintenance Case filed under Section 125 of CrPC.


Other Life Cycles: 498A IPC Case Lifecycle, DV Case Lifecycle


Initial signs of facing a Maintenance case u/s 125 CrPC

This is the 3rd false case after the 498A IPC and Domestic Violence cases, that you may face. This case completes what is colloquially called as Full package. First a criminal case is filed so that Police power can be misused and when that does not break you, Civil reliefs are prayed for through Domestic Violence case. When even that plot fails and you don’t budge, the final attack comes in the form of this maintenance case, in which they think there is a sure shot success in extracting money from you. How comical bozos these are… hahahaha

The COMPLAINT

The petition/application u/s 125 CrPC containing the facts of the case, stating the circumstances under which the wife (as per the law, parents or children can also seek maintenance in cases of neglect) seeks to claim maintenance, all personal relevant details is filed before the Family Court (or jurisdictional Junior Civil Judge Court if Family Court is not available).

Issue of Notice to the Respondent

The Family Court scrutinizes the petition and issues notice to the husband against whom the petition has been filed by the wife. Petitioner copy may be sent along with notice.

Reference to Reconciliation/Mediation

The parties may be directed to appear before the court for reconciliation or may be directed to mediation and efforts are made to reconcile them first in an effort to avoid litigation.

Reconciliation Proceedings

If the reconciliation proceedings after being conducted by the family court are successful, then the matter stands settled. If they lead to failure, then the Court proceeds with the petition to decide it on merits.

Written Statement (of objections)

After giving a copy of the petition to the Respondent, the Family Court directs the opposite part to file a reply/WS/Counter to the maintenance petition stating the facts which he/she accepts or denies. Both the parties are also asked to file their detailed Income Affidavit (as per Rajnesh Vs Neha Case) so that it can infer the capabilities and liabilities. Petitioner must be given a copy of reply.

Rejoinder/Rebuttal

The petitioner is directed to file a rejoinder/rebuttal to reply filed by the opposite party. The application for interim maintenance, if any filed by the petitioner, is decided by the court at this stage of the case, based on pleadings and affidavits alone. No evidence will be entertained to decide Interim applications. Respondent must be given a copy.

Framing of Issues

The court then proceeds further and frames issues for adjudication and the matter is posted for evidence of the parties.

Petitioner’s Evidence

The petitioner is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. List of witnesses must be given to other side before examining the first prosecution witness. Once prosecution witness examination completes by way of Chief Examination Affidavit, the witness will face Cross Examination from the Counsel of opposite party and the deposition of each witness is recorded, up on oath.

Respondent’s Evidence

The respondent is directed to lead its evidence by way of filing the relevant documents, papers, etc. and by summoning all its witnesses. This is optional and the Respondent may forego examination/ evidence, if they think that the prosecution failed to support their case.

FINAL ARGUMENTS –

The final arguments in the matter are held and the matter is decided by the court. Written Arguments may also be submitted to the Family Court, as a best practice.

Order/Judgment

The Court finally passes the final order/judgement where it may either dismiss the petition or allow the petition and direct the other party to pay an amount as directed by the court monthly.


Key Contributor:

Ms. Suprajaa Rajan (B.Com., LL.B.)
Cell:
Posted in Legal Procedure | Tagged CrPC 125 - Order for Maintenance of Wives Children and Parents Lifecycle Stages of a Maintenance Case under 125 CrPC Work-In-Progress Article | Leave a comment

Balraj Khanna and Ors Vs Moti Ram on 22 Apr 1971

Posted on October 16, 2021 by ShadesOfKnife

A division bench of Apex Court passed this Judgment regd

After a consideration of the various decisions referred to above, we are of the opinion that the propositions laid down in English decisions dealing with libel that the actual words alleged to be used must be stated in the indictment cannot be applied on all fours when dealing with the cases of defamation by spoken words under Section 499 I. P. C. it will be highly desirable no doubt if the actual words stated to have been used by an accused and which are alleged to be defamatory are reproduced by the complainant. The actual words used or the statements made may be reproduced verbatim by the complainant if the words are few and the statement is very brief. But in cases where the words spoken are too many or the statements made are too long, in our opinion, it will be the height of technicality to insist that the actual words and the entire statements should be reproduced verbatim. The object of having, if possible, the actual words or the statements before the court is to enable it to consider whether those words or the statements are defamatory in nature. That purpose or object will be served if the complainant is able to reproduce in his complaint or evidence in a substantial measure the words of imputation alleged to have been uttered. If the statements or the words placed before the court by the complainant are held to be not defamatory, it will mean that the complainant will have to lose. Therefore it is to his interest to get a proper adjudication from, the court that as far as possible the words spoken or the statements actually made and which he alleges to be defamatory are before the court. But a complaint cannot be thrown out on the mere ground that the actual words spoken or the statements made have not been stated in the complaint. From the point of view of accused also it is necessary that the matters alleged to be defamatory in the complaint must be so stated as to enable them to know the nature of the allegations that they have to meet.

Balraj Khanna and Ors Vs Moti Ram on 22 Apr 1971

Other Sources :

https://indiankanoon.org/doc/1946272/

https://www.casemine.com/judgement/in/5609ab73e4b014971140c842

Citations:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Balraj Khanna and Ors Vs Moti Ram Catena of Landmark Judgments IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018

Posted on September 25, 2021 by ShadesOfKnife

 

Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors on 22 Nov 2018

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Dr. Dhruvaram Murlidhar Sonar Vs State of Maharashtra and Ors False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Posted on September 25, 2021 by ShadesOfKnife

A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!

Santhanam and Anr Vs State and Anr on 20 Sep 2021

Citations :

Other Sources :

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Evidence Act 65B - Admissibility of electronic records False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Judiciary Antics Police Antics Santhanam and Anr Vs State and Anr Work-In-Progress Article | Leave a comment

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Posted on September 16, 2021 by ShadesOfKnife

 

Shilpa Sailesh Vs Varun Sreenivasan on 06 May 2015

Citations : [2015 SCC ONLINE SC 1073], [2016 SCC 16 352], [2017 SCC CIV 5 817]

Other Sources :

https://www.casemine.com/judgement/in/581180ed2713e179479dfa29

Posted in Supreme Court of India Judgment or Order or Notification | Tagged HM Act Sec 13B - Divorce by Mutual Consent Irretrievable Breakdown of Marriage Mutual Consent Divorce Referred to Large Bench Shilpa Sailesh Vs Varun Sreenivasan Work-In-Progress Article | Leave a comment

Sivasankaran Vs Santhimeenal on 13 Sep 2021

Posted on September 16, 2021 by ShadesOfKnife

 

Sivasankaran Vs Santhimeenal on 13 Sep 2021

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Catena of Landmark Judgments Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Irretrievable Breakdown of Marriage Mental Cruelty Reportable Judgement or Order Sivasankaran Vs Santhimeenal Work-In-Progress Article | Leave a comment

Y. Sulochana Rani Vs Union of India (Seeking Shared Parenting)

Posted on August 25, 2021 by ShadesOfKnife

 

Y. Sulochana Rani Vs Union of India on 20 Apr 2021

News:

https://www.barandbench.com/news/absence-of-joint-parentage-violates-fundamental-rights-plea-in-sc-challenges-laws-on-custody-guardianship-of-children

https://www.barandbench.com/news/does-absence-of-joint-parentage-violate-fundamental-rights-supreme-court-notice-in-challenge-to-laws-on-custody-childre

https://www.livelaw.in/top-stories/sc-issues-notice-on-plea-challenging-provisions-allowing-exclusive-custody-of-child-to-one-of-the-parents-149243

Posted in Supreme Court of India Judgment or Order or Notification | Tagged PIL - Shared Parenting Work-In-Progress Article Y. Sulochana Rani Vs Union of India | Leave a comment

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