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 GuptaExcerpts 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 petitioner has ever taken this defenceeven in the reply sent in response to notice, under Section 138 of the Negotiable Instruments Act. Under these circumstances … [Read more...] about Petitioner to pay cost on frivolous petition
DV Act Judgments
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 COURTDATED: 28/04/2009CORAMTHE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAHCrl.O.P.(MD)No.11066 of 2008andM.P.(MD)No.1 of 20091.K.Kamala2.K.Pasungili3.C.Vasantharaja ... PetitionersVs.1.M.Parimala2.The District Social Welfare Office cum The District Dowry … [Read more...] about DV Act (PWDVA) applicable against female relatives of man
NCW should oppose cruelty against all women in household
http://www.ptinews.com/news/215934_NCW-expresses-concern-over-SC-judgement-on-crueltyThe 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 a review petition in this matter, an official release said here today.Maybe NCW should ensure that they create a fair /equitable … [Read more...] about NCW should oppose cruelty against all women in household
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 of income but in present there is no such source available to her and stated the reasons for decline in her income. But the petnr has failed to impress upon the Court as to the … [Read more...] about Wife denied maintenance under CrPC 125 since she had income earlier
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 justice and equity from the Court must come to the court with clean hands. It seems that for obvious reasons and to extract money the applicant/ wife has not … [Read more...] about Judgment Delhi court:No maintenance to qualified wife under 24 HMA