Finally, some judges are getting the hang of things how false dowry cases are filed… or more likely they knew it all along, but now some are showing the courage to go against this dowry tamasha which does great injustice to hapless husband and his family members. http://www.hindustantimes.com/rssfeed/newdelhi/Spent-a-lot-on-wedding-Show-us-proof-Court/Article1-506462.aspx New Delhi, February 07, 2010 Planning a lavish wedding? Just keep the tax-returns ready. A city court judge has asked a woman and her parents to disclose their source of money for arranging a wedding that reportedly cost them Rs 60 lakh, on Saturday. Moreover, the court refused to register a criminal …[Continue Reading]
Prima facie dismissal of Domestic Violence (PWDVA, DV Act) application
Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded. However following judgment shows dismissal of DV Act complaint based on no prima-facie evidence. A rare occurence, but nothing is impossible if you fight well. Full text follows with important points in bold: IN THE COURT OF DR. SHAHABUDDIN : MM : ROHINI : DELHI Application No.1192/1 PS Sultan Puri U/s 12 of Domestic ORDER Violence Act, 2005 Sonia versus Vinod etc. 15.09.2007 ( At 3.00 p.m.) 1. Applicant Sonia is present in person at this time. All the respondents are present in person …[Continue Reading]
SC Judgment: On directing CBI to produce missing child
ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and …[Continue Reading]
Petitioner to pay cost on frivolous petition
In this Delhi HC judgment, petitioner was made to pay cost of Rs 10,000 due to frivolous petition and causing delays in judicial process. Case of: Shri Manoj Sharma vs Shri Naresh Gupta Excerpts of judgment below: 6. The record shows that petitioner is only interested in delaying the trial of caseand the criminal complaint is pending before the trial court since 2001 and therespondent has been cross-examined as far as back in the year 2004. Nowhere thepetitioner has taken the plea of the alleged receipt executed on 10th February, 2001. There is nothing on record to show that the …[Continue Reading]
DV Act (PWDVA) applicable against female relatives of man
According to PWDVA Domestic Violence Act, both male and female relatives of husband /man can be implicated in the complaint by wife/woman. Following are excerpts and my comments from Chennai HC judgement where the judges have dealth at length with the issue of PWDVA interpretation. It may seem a bit long-winded discussion about the point of female relatives of man but probably judges wanted to show complete application and logic for arriving at the decision. From judgment :BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/04/2009 CORAMTHE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.11066 of 2008andM.P.(MD)No.1 of 2009 1.K.Kamala2.K.Pasungili3.C.Vasantharaja … PetitionersVs. …[Continue Reading]
NCW should oppose cruelty against all women in household
http://www.ptinews.com/news/215934_NCW-expresses-concern-over-SC-judgement-on-cruelty The National Commission for Women (NCW) has expressed serious concern over the recent Supreme Court judgement that said that kicking or threatening wives with divorce by the in-laws cannot be construed as cruelty. SC judgment only says it cannot be construed as cruelty under IPC 498A. The word Cruelty is used in several places in both criminal and civil acts, e.g. in Hindu Marriage Act 1955 married person (more likely woman) can get divorce based on Cruelty by other spouse. NCW Chairperson Girija Vyas has taken up the issue with Minister for Law and Justice Verappa Moily to file …[Continue Reading]
Wife denied maintenance under CrPC 125 since she had income earlier
In this case from West Bengal, wife was denied maintenance under CrPC 125 since she had good income earlier and could not give any reasons why she was unable to maintain herself now. Maintenance was denied and court also mentioned the principle of “clean hands” with which party seeking relief has to approach the court. PDF of judgment at link below: rajesh-motwani-maintenance-denied-crpc-125 Main excerpt from judgment is given below: It is a settled principle of law that a party seeking relief must come before the court in clean hands. The petnr could have stated that she earlier had the source …[Continue Reading]
Judgment Delhi court:No maintenance to qualified wife under 24 HMA
This 2007 judgment of Delhi court had denied maintenance to wife under Section 24 of Hindu Marriage Act (HMA). Basically she failed to disclose her own qualifications and that could be construed as coming with “unclean hands” in front of court. As of now, Delhi has a mandatory disclosure of income/expense/asset/liabilities affidavit for all cases filed in family court. Important grounds on which maintenance was rejected: In her entire application the applicant/ wife has no where stated that she is also an engineer graduate in the field of Information Technology and that she also joined the job after her marriage. Those seeking …[Continue Reading]
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