This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints. Update 27 Nov 2014: Read latest SC judgment/news about false 498a as ground for divorce to husband (however proving false case is main issue) http://timesofindia.indiatimes.com/city/mumbai/Filing-false-case-against-in-laws-is-cruelty-HC/articleshow/5823233.cms MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. "Humiliation... that is caused on account of arrest and … [Read more...] about Husband gets divorce based on false IPC 498a complaint
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Applicability of section 340 of CrPC, and 194 of IPC etc
A case of perjury under CrPC 340 where even though some witnesses had given contradictory statements in civil and criminal cases between same parties, a perjury case under CrPC 340 was not allowed by high court, due mainly to technicalities about applicability of CrPC 340 to facts of the case. You can read the important points made bold in the full judgment below: CRM No.23818-M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.23818-M of 2009 Date of Decision: 4.09.2009 Smt.Sanjay Lata & Anr. ...Petitioners Vs. The State of Haryana & Anr. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.V.P.Singh, Advocate, for the petitioner. Mr.Rajeev Kawatra, Sr.DAG, Haryana. for respondent No.1. Mr.H.N.Mehtani … [Read more...] about Applicability of section 340 of CrPC, and 194 of IPC etc
Civil and Criminal cases can go on together and independently
To a common doubt of husbands if both family court/civil and 498a/criminal cases filed by wife can go on together, this Delhi HC judgment clarifies as a yes. The below Delhi HC judgment says that there is no standard rule that a civil case should be stayed before a criminal case is finished on same grounds. It refers to several other judgments including Supreme Court’s and basically the matter has to be decided on case by case basis. The main idea of having criminal case finish faster is to let justice be done before the witnesses forget about the crime. The argument to grant protection under Article 20(3) of constitution against self-incrimination also cannot be granted blindly but only on case by case basis. Article 20(3) is given below: (3) No person accused of any offence … [Read more...] about Civil and Criminal cases can go on together and independently
CrPC 340 procedure cannot be bypassed by trial court
This Punjab and Haryana High court judgment says that if an application under CrPC 340 is moved (for filing false affidavit in this case), then the court must undertake the procedure for CrPC 340 in disposing that application. It was not correct on part of trial court to refer cursorily to the mentioned fact of false affidavit in judgment, and thus dismissing the CrPC 340 application by being silent on the issue. So the takeaway for people facing false 498a and maintenance cases is to go for perjury application under CrPC 340 if you have good evidence like false affidavit, wrongly mentioned fact about not-working, wrong salary mentioned etc. -------------------------------------------------------------------------------- http://www.indiankanoon.org/doc/1512317/ CRA No. 197 SB of … [Read more...] about CrPC 340 procedure cannot be bypassed by trial court
Factors for increase in maintenance under CrPC 125 and CrPC 127
A mutual consent divorce agreement was done wherein some amount was paid by husband per month to wife and child, but the amount was increased later by order of family court under CrPC 127 (which deals with alteration of maintenance granted under CrPC 125), and upheld by high court in this Allahabad High judgment. The main reason was rise in cost of living, and also increased earnings of the husband so that the increased amount was not too much of a burden on him. Full judgment follows with important points in bold: --------------------------------------------------------------------------------------------- *Court* : HIGH COURT OF JUDICATURE AT ALLAHABAD *Brief* : : Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. *Citation : * *Judgment :* HIGH … [Read more...] about Factors for increase in maintenance under CrPC 125 and CrPC 127
SC Judgment on factors deciding quantum of maintenance under CrPC 125
The basic learning from this judgment seems to be that wife’s property, income sources must be considered in CrPC 125. Also, the order of maintenance if made to pay from date of application, need not record the reasons for doing so. In general it is payable from date of order. The full text of judgment is below. The important portions are made bold so you can read them for a quick understanding of the main points. ---------------------------------------------------------------------------------------- *Court* : Supreme Court of India *Brief* : : Section 125 Cr.P.C. Quantum of maintenance *Citation : *CIVIL APPEAL NO. 4666 OF 2008 SHAIL KUMARI DEVI & ANR. Vs KRISHAN BHAGWAN PATHAK @ KISHUN B. PATHAK *Judgment :* J U D G M E N T C.K. THAKKER, J. 1. Leave granted. 2. … [Read more...] about SC Judgment on factors deciding quantum of maintenance under CrPC 125