Judicial Exam

List of 250 Important Judgments with their ratio

 

follow us on twitter

 

 

 

S.No.

 

NAME

 

COURT

 

Under

 

DATED

EQU. CITATTION  

GIST

 

1

 

A. Jayachandra vs Aneel Kaur

 

Supreme Court

 

HMA 13 1 (ia)

 

02 December 2004

 

(2005) 2 SCC 22

Acts subsequent to the filing of the petition can be taken note of to show a pattern in the behaviour and conduct.
 

2

 

A.R. Antulay vs R.S. Nayak & Anr

 

Supreme Court

 

CrPC

 

29 April 1988

1988 AIR 1531, 1988 SCR Supl. (1) 1  

If a mistake is detected then Courts (even SC) can correct it later.

 

 

3

 

A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors

 

 

Supreme Court

 

 

CPC

 

 

07 March 2007

 

 

(2007) 4 SCC 211

1. Order taken by fraud or suppressing material fact can be recalled at any stage of litigation (using CPC 151 or CrPC 482)

2. Once a Superior court accepts an appeal, lower courts cannot recall or proceed with the Litigation.

 

 

4

 

Abbayolla M. Subba Reddy vs Padmamma

 

 

Andhra HC

 

 

HAMA

 

 

27 July 1998

1998 (5) ALD 465, 1998 (5) ALT 152, I (2000) DMC 266  

1.If marriage is nullity, then HMA 25 not applicable.

2.Court cannot grant relief of maintenance obtainable under one Act in proceedings under the other.

5 Abdul Rub & Ors. vs Razia Begum Delhi HC DV 04 October 2010 Every relative of the husband cannot be made as a respondent.
 

6

Abhijit Pawar vs Hemant Madhukar Nimbalkar  

Supreme Court

 

CrPC

 

14 December 2016

 

(2017) 3 SCC 528

an obligation is cast on the learned Magistrate to ensure before summoning the accused who resides beyond his jurisdiction, to make necessary enquiry
 

7

Advocate Ramesh vs State of Maharshtra  

Bombay HC

 

DV

 

13 June 2011

 

For DV temporary residing doesnt mean casual stay.

 

8

Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co  

Supreme Court

 

CPC

 

26 July 2010

 

(2010) 8 SCC 24

Explains Alternative Dispute Resolution (Arbitration, judicial settlement,Lok Adalat, Mediation)
 

9

Alika Khosla vs Thomas Mathew And Anr 1996  

Delhi HC

 

Divorce Act

 

01 May 1996

II (1996) DMC 218  

Audio recording with Transcript admissible as evidence

 

10

Alika Khosla vs Thomas Mathew And Anr 2001  

Delhi HC

 

CPC

 

20 December 2001

2002 (62) DRJ 851  

Right to Privacy is not Absolute.

 

 

11

 

 

Alok Kumar Jain Vs. Purnima Jain

 

 

Delhi HC

 

 

HMA 24

 

 

17 April 2007

 

AIR 2007 (NOC) 1654 (Del.), 2007(96) DRJ 115

 

 

Things to rely on while awarding interim maintenance.

 

 

12

 

 

Amarawati And Anr. vs State Of U.P

 

 

Allahabad HC

 

 

IPC

 

 

15 October 2004

 

2005 (1) AWC 416, 2005 CriLJ 755, (2005) 1 UPLBEC 155

1.Hierarchy of laws

2. Arrest is not a must whenever an F.I.R. of a cognizable offence is lodged.

3. any application for bail under Section 437, CrPC should ordinarily be decided by the Magistrate the same day, except in rare cases where reasons shall be recorded in writing for adjourning the hearing of the bail application

 

 

13

Amit Agarwal And Ors vs Sanjay Aggarwal And Ors  

Punjab-Haryana HC

 

DV

 

31 May 2016

 

DV cant be filed after Divorce.

 

14

Amit Khanna vs Priyanka Khanna & Ors  

Delhi HC

 

DV

 

01 September 2010

2010 (119) DRJ 182  

Claim of high status of husband not sufficient for interim maintenance

 

15

 

Anil Jain vs Maya Jain

 

Supreme Court

 

HMA 13

 

01 September 2009

 

(2009)10 SCC 415

Wife retracts after filing MCD and taking valuables under MCD terms, husband approaches SC. SC allows divorce on MCD.
 

16

 

Anshu Gupta vs State (Nct Of Delhi)

 

Delhi District Court

 

DV

 

15 April 2011

Judgment is passed only on affidavits. Parties have not been given the opportunity to cross-examine each others witnesses. So went back for trial.
 

17

 

Anu Kaul vs Rajeev Kaul

 

Supreme Court

 

HMA 24

 

23 March 2009

(2009) 13 SCC 209  

Wife working no maintenance

 

 

18

 

Anuradha Alias Chanchal Kumari vs Santoshnath Khanna

 

 

Delhi HC

 

 

HMA 12 1(a)

 

 

27 September 1977

 

ILR 1977 Delhi 739, 1978 RLR 111

A particular kind of impotency known as Impotentia quoad hunc vel ham. That is to say incapacity to perform coitus with a particular individual. A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility
 

 

 

 

19

 

 

 

 

Anurag Anand vs Sunita Anand

 

 

 

 

Delhi HC

 

 

 

 

HMA 12

 

 

 

 

11 October 1996

1997 IAD Delhi 37, AIR 1997 Delhi 94, 65 (1997) DLT 1037, II (1996) DMC 389, 1997 (40) DRJ 68  

 

 

Judgement Against Husband = Husband gives wrong Salary and family property details in biodata, hence Wife took Annulment.

20 Archana Gupta vs Rajeev Gupta Uttarakhand HC CrPC 125 18 November 2009 No Maintenance u/s Crpc 125 if wife deserts husband
 

21

Arnesh Kumar vs State Of Bihar & Anr  

Supreme Court

 

498A

 

02 July 2014

 

(2014) 8 SCC 273

 

Police should justify their arrest and should not arrest without reason.

 

22

Arun Atmaram Patil & Ors vs Sandhya Arun Patil & Anr  

Bombay HC

 

IPC

 

24 February 2016

When one party has acted on the consent terms to it’s disadvantage, the other party having received the benefits cannot be allowed to backtrack
 

23

Arun Kashinath Deshpande Vs. Inumati Ramchandra Deo  

Bombay HC

 

HMA 25

 

08 April 2010

LAWS(BOM)-2010-4-252  

Wife was earning and she suppressed this so permanent alimony cancelled.

 

24

 

Arun Kumar Agarwal vs Radha Arun

 

Karnataka HC

 

PERJURY

 

15 March 2001

 

2001 CriLJ 3561

 

Petition under CrPC 340 must be decided only at the end

 

25

Arvind Kumar Prasad vs Geeta Prasad  

Patna HC

 

HMA 13 1(ia)

 

15 March 2017

 

Wife filed 498A and made various scandalous allegations, Divorce on cruelty.

 

26

Asha Devi vs Pominder Kumar Chhabra  

Delhi HC

 

HMA 24

 

07 September 2006

Judgement Against Husband = Maint to be paid till the till HMA petition not terminated.

 

 

 

27

 

 

Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant

 

 

Bombay HC

 

 

CrPC 125

 

 

27 July 1990

1991 (1) BomCR 383, (1990) 92 BOMLR 434, 1991 CriLJ 766, II (1991) DMC 132  

 

Recovery under 125(3) are independent of 127, thus Husband cannot be directed to deposit the arrear as condition to proceed wih his applicationof 127.

 

28

B.P. Achala Anand Vs S.Appi Reddy & Anr  

Supreme Court

 

CPC

 

11 February 2005

 

(2005) 3 SCC 313

 

Right to Residence after Divorce to be decided based on Divorce Terms

29 B.Prakash vs Deepa Madras HC CrPC 125 28 July 2015 DV and 125 cant be filed on the same set of allegations and cause of action.
 

 

30

 

Bai Bhanbai Mavji vs Kanbi Karshan Devraj And Anr

 

 

Gujarat HC

 

 

HMA 11

 

 

17 June 1969

AIR 1970 Guj 137, 1970 CriLJ 962, (1970) 0 GLR 581  

 

Wife not eligible for Maint if it falls under HMA 11

 

31

Bhadrayu C Vachharajani VS Saurashtra University  

Gujarat HC

 

CPC

 

29 November 2013

 

GHJ-2014-35-385

 

If court has no Jurisdiciton, it cannot go into Meritts of case.

 

32

 

Bhagwan Dutt vs Kamla Devi

 

Supreme Court

 

CrPC 125

 

17 October 1974

1975 AIR 83, 1975 SCR (2) 483 Separate income of the wife can be taken into account in determining the amount of maintenance payable to her
 

33

 

Bhagwan Raoji Dale vs Sushma Alias Nanda Bhagwan Dale

 

Bombay HC

 

CrPC 125

 

17 April 1998

1999 (5) BomCR 851, I (1999) DMC 168  

Deserting wife NOT entitled to maint us 125 CrPC. NOT entitled after divorce also.

 

34

Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr  

Supreme Court

 

HMA 11

 

01 February 1965

1965 AIR 1564, 1965 SCR (2) 837  

If the marriage is not a valid marriage, it is no marriage in the eye of law.

 

 

35

 

Bhausaheb Magar vs Leelabai Magar 2003

 

 

Bombay HC

 

 

HMA 11, 12

 

 

07 July 2003

AIR 2004 Bom 283, II (2004) DMC 321, 2003 (4) MhLj 1019  

 

No Permanent Alimony in Sec 11, Permanent Alimony may be asked in sec 12.

 

 

 

 

36

 

 

 

Bhausaheb Magar vs Leelabai Magar 2006

 

 

 

 

Bombay HC

 

 

 

 

CPC

 

 

 

 

14 November 2006

AIRBOMR200727 11 ,

ALLMR20073676 , LAWS(BOM)200 611179

 

 

 

 

Doctrine of res judicata

 

37

 

Bheekha Ram vs Goma Devi And Ors

 

Rajasthan HC

 

CrPC 125

 

22 January 1999

I (2000) DMC 76, 1999 WLC Raj UC 260  

No maintenance for a deserting wife

 

 

38

Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur  

Supreme Court

 

CrPC 125

 

28 April 2009

(2010) 15 SCC 372  

House Loan EMI to be considered while granting interim maint.

 

 

39

 

Capt Dr Hamesh Kumar Vs Dr Nisha Sahi

 

 

Punjab-Haryana HC

 

 

CrPC 125

 

 

20 July 1993

 

CURLJ-1993-2-367, LAWS(P&H)-

1993-7-125

 

 

Wife Working, taking unnecessary adjournments, Quashed under CrPC 482

 

40

 

Chand Dhawan vs Jawaharlal Dhawan

 

Supreme Court

 

HMA 25

 

11 June 1993

 

1993 SCR (3) 954, 1993 SCC (3) 406

 

Court cannot grant relief of maintenance obtainable under one Act in proceedings under the other.

41 Chander Bhan vs State of Delhi Delhi HC 498A 04 August 2008 Guideline for 498A cases.
 

42

 

Chandra Shashi vs Anil Kumar Verma

 

Supreme Court

 

PERJURY

 

14 November 1994

 

1995 SCC (1) 421, JT 1994 (7) 459

 

No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail

 

43

Chandrakala Alias Vandana vs Subhash Dhondiba Gaokhandkar  

Bombay HC

 

HMA 12 1 (c)

 

23 February 1994

(1994) 96 BOMLR 726 Wife was suffering from leprosy since prior to marriage.This material fact concealed hence Annulment. Wife may seek Alimony.
 

44

 

Chaturbhuj vs Sita Bai

 

Supreme Court

 

CrPC 125

 

27 November 2007

 

(2008) 2 SCC 316

Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C.
 

45

Chhandupriya @ Priyanka vs Rahul Mahod  

Bombay HC – Nagpur

 

HMA 12 1 (c)

 

17 March 2016

 

Wife has a lover from prior to marriage and marriage was not consummated.

 

46

 

Chiranjeev Kumar Arya vs State Of U.P. & Another

 

Allahabad HC

 

DV

 

29 June 2016

 

1. Revisional power of High Court under 482 CrPC held intact under the DV act. 2. fraud avoids all judicial acts, ecclesiastical or temporal.

 

47

 

Commissioner Of Income-Tax vs Godavaridevi Saraf

 

Bombay HC

 

CPC

 

27 September 1977

1978 (2) ELT 624 Bom, 1978 113 ITR 589 Bom Tribunal (or court) anywhere in the country has to respect the law laid down by the High Court, though of a different State, so long as there is no contrary decision of any other High Court on that question.
 

 

48

 

 

D.Velusamy vs D.Patchaiammal

 

 

Supreme Court

 

 

CrPC 125

 

 

21 October 2010

AIR(SC)-2011-0-479, SCC-2010-10-

469,ALLSCR-2010-0-2639

 

 

Relationship in the nature of marriage for DV Act

 

49

 

Dalip Singh vs State Of U.P. & Ors

 

Supreme Court

 

CPC

 

03 December 2009

 

(2010) 2 SCC 114

 

No Relief if Litigant lies OR supress material fact and came with Unclean Hands

 

50

Damanpreet Kaur vs Indermeet Juneja & Anr  

Delhi HC

 

DV

 

14 May 2012

 

(2013) 1 JCC 306

 

Well educated earning wife, resigned on her own will, maint declined.

 

51

Deb Narayan Halder vs Anushree Halder  

Supreme Court

 

CrPC 125

 

26 August 2003

(2003) 11 SCC 303 wife who leaves matrimonial home without any justification is not entitled to maintenance under Section 125.

 

 

52

 

Deepak @ Gajanan Ramrao Kanegaonkar vs Soniya Depak

 

Bombay HC

 

DV

 

01 July 2015

Women lived in with a married person even after knowing that he is married, hence this relation cannot be the one as in marriage, so DV denied to women and child.
 

53

 

Deoki Panjhiyara v. Shashi Bhushan Narayan Azad

 

Supreme Court

 

DV

 

12 December 2012

AIR(SC)- 2013-0-346, (2013) 2 SCC 137  

Judgement against Husband = Until Marriage is declared Null, Wife is wife.

 

54

 

Dimple Khanna vs Anita Advani

 

Bombay HC

 

DV

 

09 April 2015

1. For DV Relationship in the nature of marriage is a must.

2. Relatives who did not shared household cant be made respondents.

 

55

 

E. Shanthi vs Dr. H.K. Vasudev

 

Karnataka HC

 

HMA 24

 

22 August 2005

AIR 2005 Kant 417, ILR 2005 KAR 4981  

Wife was qualified and working before marriage. She is capable of earning, hence maint declined.

 

56

Foreshore Co-Op.Hng.Society Ltd vs Praveen D Desai  

Supreme Court

 

CPC

 

08 April 2015

 

Discussion on Jurisdiction.

 

 

57

 

 

G. Padmini vs G. Sivananda Babu

 

 

Andhra HC

 

 

HMA 13 1(ia)

 

 

11 November 1999

2000 (2) ALD 258, 2000 (2) ALT 259, II (2000) DMC 760  

Divorce on Cruelty as wife’s letter to others regarding husband’s impotency was cruelty.

 

58

 

G. Ramanathan vs Revathy

 

Madras HC

 

CrPC 125

 

16 March 1989

1989 Crl.LJ 2037 (1) Wife cannot seek the same relief from JM court when matter is pending in Civil Court.
 

59

G. Shyamala Ranjini vs M.S. Tamizhnathan  

Madras HC

 

CPC

 

20 November 2007

 

Related to Audio CD as Evidence.

 

60

 

G.V.N. Kameswara Rao vs G. Jabilli

 

Supreme Court

 

HMA 13 1(ia)

 

10 January 2002

2002 AIR SCW 162, (2002) 2 SCC 296 Husband files Divorce on Mental Cruelty as Wife left husband and refused to return. Wife also filed police complaint. Wife pleaded to dismiss divorce using HMA 23(1)(a) but Divorce granted but with Alimony.
 

61

Geeta Singh Deo vs State Of Rajasthan  

Rajasthan HC – Jaipur

 

DV

 

17 November 2016

Well Educated (PG) Woman (Daughter) cant seek maint (for further high studies) unless DV has occurred.
62 Gian Chand vs Dilpreet Kaur Punjab-Haryana HC CrPC 125, HMA 24 23 February 2010 Maintenance awarded in two sections to be offset
 

63

 

Gurbinder Singh vs Manjit Kaur

 

Delhi HC

 

CrPC 125

 

25 January 2010

Wife after concealing the material facts about her own employment and agreement with husband, took exparte order in her favour, so contempt and fine.
64 Gurudev Gurav vs Jayashree Karnataka HC DV 08 January 2014 Limitation of DV is one year from cause of action.
 

65

 

Harminder Kaur vs Gurtar Singh

 

Punjab-Haryana HC

 

HMA 24

 

17 February 2011

Maintenance pendente lite and expenses of proceedings not for those who have income sufficient for support and the necessary expenses
 

66

Harpreet Kaur VS Dilvinder Singh Bedi  

Mahila Court Delhi

 

DV

 

24 May 2011

 

Husband lost job because of complaint, maintenance denied

 

 

 

67

 

Haunsabai vs Balkrishna Krishna Badigar

 

 

Karnataka HC

 

 

CrPC 125

 

 

13 February 1980

1981 CriLJ 110, ILR 1980 KAR 612, 1980 (2) KarLJ 158  

Wife should prove that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her.

 

68

Havovi Kersi Sethna vs Kersi Gustad Sethna  

Bombay HC

 

HMA13

 

28 January 2011

 

Details on how CD can be made admissible in court.

69 Hemlataben vs State Gujrat HC DV 21 October 2010 Interim maintenance in DV is refused as Wife was working.
 

70

Hima Chugh vs Pritam Ashok Sadaphule  

Delhi HC

 

DV

 

10 April 2013

(2013) DMC 649 (Del.) Protection order could be obtained only against a person who was in domestic relationship with the person aggrieved
 

71

Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors  

Supreme Court

 

DV

 

06 October 2006

(2016) 10 SCC 165  

DV can be filed by any woman on any relative who subjected her to DV.

 

72

 

Hussain and Anr vs Union of India with Aasu vs State of Rajasthan

 

Supreme Court

 

CrPC

 

09 March 2017

1. Speedy trial is a part of reasonable, fair and just procedure guaranteed under Article 21.

2. Bail application to be disposed in a week.

 

73

 

Inderjit Singh Grewal vs State Of Punjab & Anr

 

Supreme Court

 

DV

 

23 August 2011

AIR(SCW)-2011-0 6259, SCC-2011-12-588

1 Year limit to DV

 

 

 

74

 

 

 

Indra Sarma vs V.K.V.Sarma

 

 

 

Supreme Court

 

 

 

DV

 

 

 

26 November 2013

(2013(4) K.L.T. 763), Manu/SC/1230/20 13, AIR 2014 SC 309, 2013 (9) LRC 1 (SC)  

 

 

All live-in- relationships are not relationships in the nature of marriage.

 

75

 

Ines Miranda Vs Santosh K Swamy

 

Supreme Court

 

HMA 24

 

14 December 2009

 

Wife (working) filed Divorce, Husband (unemployed) filed RCR. Court transfers case at Wife’s city on the condition that she will pay Maint. For jobless Husband.

 

76

 

Iqbal Bano vs State Of U.P. And Anr

 

Supreme Court

 

CrPC 125

 

05 June 2007

 

AIR 2007 SC 2215

1. Section 125 Cr.P.C.Proceedings under are civil in nature. 2. Divorce Muslim Wife is eligible for Maint under 125.
77 Jagdish Prasad vs State & Others Delhi HC CrPC 125 23 March 2009 Wife lied related to her working status hence Perjury allowed.
 

78

Jaiprakash Madhukarrao Sahurkar vs Sarika  

Bombay HC

 

498A & DV

 

29 February 2016

 

Judgement Against Husband = DV and 498A can be filed on same facts.

 

79

Jamboo Parasad Jain vs Smt. Malti Prabha And Anr.  

Allahabad HC

 

HMA 15

 

24 January 1979

 

AIR 1979 All 260

 

HMA 15 not apllicable in HMA 11 OR 12

 

80

Jangam Srinivasa Rao vs Jangam Rajeswari  

Andhra HC

 

CrPC 125

 

03 March 1989

 

1990 CriLJ 2506

Maximum period for which Wife can claim maintenance under the procedure contemplated under S. 125(3) is one year.

 

 

81

Jayanti Deb Das vs Manas Kumar Das  

Tripura HC

 

HMA 13 1(ia)

 

19 February 2015

AIR 2015 Tripura 25 The allegation of adultery made by the wife appellant and not proved is nothing but mental cruelty.
 

82

Jayesh Uttamrao Khairnar vs State of Maharashtra.pdf Bombay HC -Aurangabad  

DV

 

07 September 2009

2010 ALL MR (Cri) 2259 Husband got divorce after a separation of one year. After divorce wife filed DV hence not maintainable as Domestic Relation is absent.
 

 

83

 

 

Joginder Kumar vs State Of U.P

 

 

Supreme Court

 

 

IPC

 

 

25 April 1994

 

1994 AIR 1349, 1994 SCC (4) 260

No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another.No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.
 

84

 

Joginder vs State Nct Of Delhi & Anr

 

Delhi HC

 

DV

 

22 September 2010

2010 (119) DRJ 349  

Interim Maintenance formula evolved by judge (2:1::husband:dependent)

 

85

 

Justyn Cyril vs Hannah Vasanthie

 

Madras HC

 

Divorce Act

 

20 August 1993

II (1994) DMC 545, (1994) IMLJ 17  

From the time of the marriage, the Wife was not willing to have intercourse with the husband, hence Annulled.

 

86

 

Jyoti Singh vs Yogendra Singh

 

Supreme Court

 

HMA 13

 

14 December 2016

Divorce by husband was transferred to Wife’s city but all cases were to be taken together.
 

87

 

K. Srinivas vs K. Sunita

 

Supreme Court

 

HMA 13 1(ia)

 

19 November 2014

 

(2014) 16 SCC 34

Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. Hence Divorce.
 

88

 

K.Srinivas Rao vs D.A. Deepa

 

Supreme Court

 

HMA 13 1(ia)

 

22 February 2013

 

(2013) 5 SCC 226

Divorce on Cruelty as Wife had filed a criminal complaint and sent letters to employer of husband. But with Huge Alimony
 

89

K.Subhadra Patra Vs Mosomat K Aadiya Amma & Ors  

Supreme Court

 

CPC

 

01 July 2015

 

One can file counter affidavit by post.

 

90

K.V. Prakash Babu vs State Of Karnataka  

Supreme Court

 

498A

 

22 November 2016

 

Adultery is not Cruelty for 498A

 

91

 

Kamini Sondhi vs Kapil Sondhi

 

Delhi HC

 

HMA 13 1(ia)

 

09 September 2016

Sexless marriage, Wife made false complaints to husband’s boss, hence Divorce on mental cruelty.
 

92

 

Kavita Prasad vs Ram Ashray Prasad

 

Delhi HC

 

CrPC 125

 

01 October 2008

Qualified wife sitting idle and claiming maint. From husband should go and do work for society free of charge as long as she is claiming maint on acccount of being unemployed.
 

93

 

Kavita vs Harish Raisen

 

Madhya Pradesh HC

 

HMA 13 1(ia)

 

13 April 2006

2006 (2) MPHT 515  

Divorce on Cruelty as Wife had filed a criminal complaint.

 

94

Kiran Bala Asthana And Anr. vs Bhaire Prasad Srivastava  

Allahabad HC

 

HMA 12 1 (c)

 

08 February 1982

 

AIR 1982 All 242

Wife was suffering from Mental Illness.This material fact concealed hence Annulment. Wife may seek Alimony.
95 Kiran Dutta vs State & Anr Delhi HC DV 11 February 2014 DIR is a must before passing orders under Sec 12 of DV

 

 

96

 

Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And Anr

 

Supreme Court

 

CrPC

 

01 February 2011

 

Section 300(1) of Cr.P.C. states that no one can be tried and convicted for the same offence or even for a different offence but on the same facts.

 

97

Koushik Vs Sangeeta Koushik Gharami  

Bombay HC – Nagpur

 

DV

 

05 May 2014

 

No Maint in DV to wife or Children if DV not proved.

 

98

 

Krishnamurthy Nookula vs Savitha Y

 

Karnataka HC

 

DV

 

09 December 2009

 

Enquiry is required where case is not ex-parte

99 Kumaresan vs Aswathi Madras HC HMA 24 21 June 2002 (2002) 2 MLJ 760 Sufficiently Earning wife not eligible for HMA 24
 

 

100

 

Kunaldev Singh Rathore vs State Of M.P

 

 

Madhya Pradesh HC

 

 

498A

 

 

02 December 2016

Defence Documents May Be Examined At Preliminary Stage, If Needed. Under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained.
 

101

Kusum Sharma vs Mahinder Kumar Sharma  

Delhi HC

 

HMA

 

14 January 2015

2014 (214) DLT 493 Not Good for Husbands if wife is not working = Detailed Affidavit required for income and expenditure in matrimonial cases.
 

102

 

Lal Kamlendra Pratap Singh vs State Of U.P

 

Supreme Court

 

IPC

 

23 March 2009

 

(2009) 4 SCC 437

1. the Court, if it deems fit in the facts and circumstances of the case, may grant interim bail pending final disposal of the bail application.

2. arrest is not a must whenever an F.I.R. of a cognizable offence is lodged.

 

103

 

Lalita Kumari vs Govt.Of U.P.& Ors

 

Supreme Court

 

CrPC

 

12 November 2013

 

2014 (2) SCC 1

Preliminary inquiry may be made before Registering FIR in Matrimonial Matters.If, after investigation, the information given is found to be false, there is always an option to prosecute the complainant for filing a false FIR.
 

 

 

 

 

104

 

 

 

 

 

Laljee Yadav vs The State Of Bihar

 

 

 

 

 

Patna HC

 

 

 

 

 

CrPC 125

 

 

 

 

 

16 September 2001

 

 

 

 

 

2011 (4) PLJR 248

1. Before the wife can claim maintenance she must show that she is unable to maintain herself and that her husband has sufficient means but neglects or refuses to maintain.

2. Distress warrant for recovery cant be initiated straightaway before issuing a warrant for levying the amount due in the manner provided for levying fines. 3. there has to be separate sentencing upon separate and fresh application after considering the matter for each month or part thereof for which maintenance remains unpaid. Thus, by no stretch of imagination, can there be a continuous mechanical remand

 

105

 

M vs M

 

Bombay HC

 

HMA 13 1(ia)

 

07 February 2014

Divorce on Cruelty as Wife had filed a criminal complaint. Wife could not prove her allegations in WS, Option open for applying maint in sec 25 of HMA
 

106

 

M. Srinivasulu Vs State Of A.P.

 

Supreme Court

 

498A

 

10 September 2007

 

AIR 2007 SC 3146

 

SC Defines 498A , 304B & Dowry

 

 

 

107

 

Maganti Kanakadurga vs Maganti Venkateswarlu

 

 

Andhra HC

 

 

HMA 12 1(a)

 

 

27 April 2006

 

AIR 2006 AP 259, 2006 (4) ALD 411

consummation has not taken place and as already referred it was on account of the appellant’s repugnancy for consummation and probably on account of her reluctance towards consummation due to her physical disability of not having attained puberty.
 

 

 

 

 

108

 

 

 

 

Maharashtra Government VS Rajaram Digamber Padamwar

 

 

 

 

 

Bombay HC

 

 

 

 

 

CPC

 

 

 

 

 

08 April 2011

LAWS(BOM)201 1410 ,

ALLMR(CRI)201 101825 ,

BCR(CRI)201136 40

, FAC20112278

 

 

 

 

HC takes actiona against a trial court judge who went against a previous HC precedent and declined to abide by it.

 

109

 

Mahila Vinod Kumari vs State Of M.P

 

Supreme Court

 

PERJURY

 

11 July 2008

 

(2008) 8 SCC 34

Petitioner had tendered false evidence and had fabricated evidence against the accused persons with the intention that such evidence shall be used in the proceedings
 

110

 

Malathi Ravi vs B.V. Ravi

 

Supreme Court

 

HMA 13 1(ia)

 

30 June 2014

 

2014 7 SCC 640

Divorce on Cruelty as Wife had filed a criminal complaint. But with Huge Maint for Child
 

111

 

Mamta Jaiswal vs Rajesh Jaiswal

 

Madhya Pradesh HC

 

HMA 24

 

24 March 2000

II (2000) DMC 170  

Well qualified woman with past work experience cant sit idle and claim maint.

 

112

Mangesh Balkrushna Bhoir vs Sau. Leena Mangesh Bhoir  

Bombay HC

 

HMA 13 1(ia)

 

23 December 2015

 

Divorce on Cruelty as Wife had filed a criminal complaint.

113 Manish Kapoor vs Charu Kapoor Delhi District Court DV 28 August 2010 It explains Procedure to be followed in DV and 125
114 Manish Kumar vs Pratibha Delhi HC HMA 24 18 September 2008 No Maintenance u/s HMA 24 for working Women
 

115

 

Manisha Tyagi vs Deepak Kumar

 

Supreme Court

 

HMA 13 1(ia)

 

10 February 2010

I (2010) DMC 451 (SC)  

Cruelty not proved, but both party were at fault hence judicial separation

 

116

Manju Kamal Mehra vs Kamal Pushkar Mehra  

Bombay HC

 

HMA 9

 

18 July 2009

 

Wife not entitiled to maint as HMA 9 was in husband’s favour.

 

117

 

Manoj Kumar Saini vs CPIO

 

CIC

 

CPC

 

24 March 2011

ITR can be given in criminal case against the State pertaining to dowry related issues because public interest in the administration of justice in a particular case overrides all other aspects of public interest,
 

118

 

Manoj Kumar Soni vs Deepti Soni

 

Madhya Pradesh HC

 

HMA 13 1(ia)

 

17 September 2014

Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatement to husband’s parents.
 

119

Manoj Yadav vs Pushpa @ Kiran Yadav & Ors.  

Supreme Court

 

CrPC 125

 

11 January 2011

Different Maxm Quantum of maintenance fixed by different States by way of State amendments held to be unconstitutional

 

 

 

120

 

Manokaran @ Ramamoorthy vs M. Devaki

 

 

Madras HC

 

 

HMA 24

 

 

21 February 2003

AIR 2003 Mad 212, I (2003) DMC 799, (2003) 1 MLJ 752  

 

Sufficiently Earning wife not eligible for HMA 24

121 Marimuthu vs Janaki Madras HC CrPC 125 22 February 2008 Couple was living separately by mutual consent, hence maint denied.
 

 

122

 

 

Mayadevi vs Jagdish Prasad

 

 

Supreme Court

 

 

HMA 13 1(ia)

 

 

21 February 2007

 

 

AIR 2007 SC 1426

1. Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatement to husband’s parents.

2.Standard of proof beyond reasonable doubt not required in matrimonial disputes.

 

 

123

 

 

Meena Dinesh Parmar vs Dinesh Hastimal Parmar

 

 

Bombay HC

 

 

CrPC 125

 

 

04 February 2005

 

AIR 2005 Bom 298, 2005 (4) BomCR 672, 2005 (2) MhLj 305

 

 

Maintenence not granted as it is proved that wife wants to reside separately

 

 

124

 

 

Meena Dinesh Parmar vs Dinesh Hastimal Parmar

 

 

Bombay HC

 

 

CrPC 125

 

 

04 February 2005

 

AIR 2005 Bom 298, 2005 (4) BomCR 672, 2005 (2) MhLj 305

 

 

Wife was living at her Maternal Uncle’s place and refused to return. Maintenance not granted as it is proved that wife wants to reside separately.

 

125

 

Moina Khosla vs Amardeep Singh Khosla

 

Delhi HC

 

HMA 12 1(a)

 

31 January 1986

AIR 1986 Delhi 399, 1986 (10) DRJ 286  

As no sexual intercourse has taken place between the parties, in this case, the requirements of Section 12(1)(a) of the Act are satisfied

126 Monica Bedi vs State Of A.P Supreme Court IPC 09 November 2010 (2011) 1 SCC 284 Double jeopardy applies to punishment for same offence, not same facts
 

127

Monika Sharma vs Kuldeep Kumar Dogra  

Himachal Pradesh HC

 

HMA 13 1(ia)

 

31 July 2015

Serious And Unsubstantiated Allegations Of Adultery Amount To Cruelty Offering A Ground For Divorce
 

 

128

 

 

N G Dastane vs S Dastane

 

 

Supreme Court

 

 

HMA 12 1 (c)

 

 

19 March 1975

AIR 1975 SC 1534, (1975) 2 SCC 326, 1975 3 SCR 967  

Judgement Against Husband = Wife was guilty of Cruelty but husband condoned it, subsequent conduct of wife is not a revival of the original cause of action, so Separation denied.

 

129

Nachhattar Singh Alias Khanda vs State Of Punjab  

Punjab-Haryana HC

 

IPC

 

23 September 2009

2009(4) R.C.R. (Criminal) 409 False case was filed and Men Prosecuted. Later on found innocent so compensated by State for Damages.
 

130

 

Narendra vs K.Meena

 

Supreme Court

 

HMA 13 1(ia)

 

06 October 2016

unsubstantiated allegations of relations levelled by wife and the threats and attempt to commit suicide by her amounted to mental cruelty.

 

 

 

131

 

 

Narinder Pal Kaur Vs. Manjeet Singh

 

 

Delhi HC

 

 

HAMA

 

 

20 September 2007

AIR 2008 Delhi 7, 148 (2008) DLT 522, I (2008) DMC 529  

 

Second wife entitiled for Maint. Under HAMA section 18

 

 

132

 

 

Natasha Singh vs CBI (State)

 

 

Supreme Court

 

 

CrPC

 

 

08 April 2013

 

 

(2013) 5 SCC 741

Section 311 Cr.P.C. empowers the court to summon a material witness, or to examine a person present at “any stage” of “any enquiry”, or “trial”, or “any other proceedings” under the Cr.P.C., or to summon any person as a witness, or to recall and re-examine any person
 

133

 

Naveen Kohli vs Neelu Kohli

 

Supreme Court

 

HMA 13 1(ia)

 

21 March 2006

 

2006 (4) SCC 558.

Irretrievable breakdown of the marriage.Wife filed multiple cases on husband, SC grants divorce to husband on mental cruelty ground. But high Maint.
 

134

Neelam Abhijeet Kadam vs State of Maharashtra  

Bombay HC

 

CPC

 

02 May 2017

Court has to accept pleadings in english and cant force it to be in vernacular language.
 

135

 

Neetu Mittal Vs. Kanta Mittal

 

Delhi HC

 

CPC

 

30 September 2008

2008 (106) DRJ 6223, 2008 (4) RCR (C) 630  

Parents can kickout their Children. Definition of Shared Household and Matrimonial Home.

 

136

Niraj Trivedi vs State Of Bihar And Ors  

Delhi HC

 

498A

 

04 January 2008

 

2008 (3) JCC 154

 

FIR to be registered at place of crime.

 

137

Nishant Hussain vs Seema Saddique & Anr Rajasthan HC -Jodhpur  

DV

 

21 September 2012

2012 Law Suit (Raj) 1101  

One completely isolated incidence is not DV

 

138

Nitin Ramesh Dhiwar vs Roopali Nitin Dhiwar  

Bombay HC

 

HMA 13 1(ia)

 

16 August 2012

filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i)
 

 

139

 

P.Kalyanasundaram vs K.Paquialatchamy

 

 

Madras HC

 

 

HMA 25

 

 

10 January 2003

AIR 2004 Madras 43, (2003) 1 MLJ 669 (Division Bench)  

 

Judgement Against Husband = Alimony can be granted even to an erring spouse

 

140

P.V. Gopalkrishnan vs Kanaksha Gopalkrishnan  

Bombay HC

HMA 12 1 (a), HMA 12 1 (c)  

14 July 1981

1982 (1) BomCR 454 a Wife was suffering from sexual disorder. This material fact concealed hence Annulment. Wife may seek Alimony
141 Padmja Sharma vs Ratan Lal Sharma Supreme Court HMA 26 28 March 2000 2000 (2) SCR 621 If wife is working, liability of Child to be taken care by both parents.
142 Pankaj Mahajan vs Dimple @ Kajal Supreme Court HMA 13 1(ia) 30 November 2011 (2011) 12 SCC 1 giving repeated threats to commit suicide amounts to cruelty.
 

143

 

Pranab Kumar Chakraborty vs Kumkum Chakraborty

 

Calcutta HC

 

HMA 13 1 (i)

 

05 July 2005

(2006) 1 CALLT 210 HC, 2005 (4) CHN 146  

Wife filed false 498A, Husband filed for Divorce on Cruelty but got Divorce on Irretrievable broken marriage. Wife got huge Alimony.

 

144

 

Preeti Gupta & Anr vs State Of Jharkhand & Anr

 

Supreme Court

 

498A

 

13 August 2010

2010 (3) GLH 258, ( 2010) 7 SCC 667  

Courts admits misuse of 498A in many cases and quashes the case as Respondent never stayed with complainant. A very Similar case.

 

 

145

 

Preeti Jain vs Kunal Jain &Anr

 

Rajasthan HC

 

HMA

 

27 May 2016

Privilege communication between husband and wife is admissible in family court proceedings.
 

146

Pritam Ashok Sadaphule and others VS State of Maharashtra and another  

Supreme Court

 

DV &498A

 

19 March 2015

Wife files DV at Delhi and 498A at Mumbai on same allegations and facts, SC directs both the case to be tried by one court.
 

147

Priyanka Srivastava Vs State of Uttar Pradesh  

Supreme Court

 

CrPC

 

19 March 2015

 

(2015) 6 SCC 287

Preliminary inquiry may be made in 156(3), 156 (3) applications are to be supported by an affidavit
 

148

 

Putuli Das vs Dina Nath Talukdar

 

Gauhati HC

 

HMA 13 1(i)

 

05 February 2008

 

AIR 2008 Gau 74

One should give all the facts and grounds in pleading. Giving it later weakens the case.
 

149

 

R.Logeswari vs K.Arul Jothi

 

Madras HC

 

HMA 12 1(c)

 

20 December 2016

Wife filed Annulment and then asked for transfer to her hometown, Wife was earlier working so Transfer request declined as she was treated as independent.
 

150

 

Rachna Kathuria vs Ramesh Kathuria

 

Delhi HC

 

DV

 

30 August 2010

2010 (7) R.C.R. (Cr.) 1748, 173 (2010) DLT 289  

Wife already getting maint in 125, hence DV dismissed. Wife has option to enhance maint in 127

 

 

151

 

Raj Deo Sharma vs The State Of Bihar

 

 

Supreme Court

 

 

CrPC

 

 

08 October 1998

AIR 1996 SC 3281, 1998 (5) Scale 477; JT 1998 (7) SC 1  

Right of speedy justice is a fundamental right as envisaged under Article 21 of the Constitution

 

152

 

Raj Kumar Singh @ Raju @ Batya vs State Of Rajasthan

 

Supreme Court

 

IPC

 

06 May 2013

 

(2013) 5 SCC 722

if two views are possible on the evidence adduced in the case one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted.
 

153

 

Rajan Parmar vs Mamta Parmar

 

District Court Delhi

 

DV

 

10 March 2016

Wife more educated than husband, husband will give maint to wife for one year within which wife has to seek job.
 

154

Rajasi @ Swapna vs Shashank Dandge  

Bombay HC – Nagpur

HMA 12 1 (c), HMA 13 1(ia)  

06 January 2015

Annulment cum Divorce Allowed. Marriage consummated, suicidal traits in the wife so Divorce Allowed.
 

155

Rama Kanta Vs Mohinder Laxmidas Bhandula  

Punjab-Haryana HC

 

HMA 12,13 1(ia)

 

07 February 1995

 

AIR 1996 P H 98

Consent For Marriage Was Taken By Hiding Imp Facts, Wife was Cruel, so Annulment and Divorce was granted.
 

156

 

Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga

 

Supreme Court

 

HMA

 

13 December 2004

 

AIR 2005 SC 422

 

Judgement against Husband = Maint under HMA 25 is applicable in HMA 9 to 13 including 11, 12

 

 

 

157

 

 

Ramjas Foundation & Ors vs Union Of India & Ors

 

 

 

Supreme Court

 

 

 

CPC

 

 

 

09 November 2010

 

2010(14) SCC 38 = 2010(15) SCR 364 = 2010(12) JT 134 = 2010(11) SCALE 598

 

 

 

Unclean Hands, no Relief to be given by any court.

 

158 Rampyari & Ors. vs Ms. Kamlesh Delhi HC CPC 09 March 2010 Fine for Delaying tactics by Lawyer
 

159

Ravindra Haribhau Karmarkar vs Shaila Ravindra Karmarkar  

Bombay HC

 

CrPC 125

 

17 July 1991

 

1992 CriLJ 1845

 

Wife cannot claim same relief from JM and Civil Court simultaneously.

 

 

160

 

Rayala M. Bhuvaneswari vs Nagaphanender Rayala

 

 

Andhra HC

 

 

HMA13

 

 

20 December 2007

AIR 2008 AP 98, 2008 (2) ALD 311, 2008 (1) ALT 613  

Act of tapping itself by the husband of the conversation of his wife with others was illegal and it infringed the right of privacy of the wife.

 

161

 

Renu Mittal vs Anil Mittal & Ors

 

Delhi HC

 

DV

 

27 September 2010

2010 (7) R.C.R. (Cr.)  

No parallel relief in 125 CrPC & DV for maintenence

 

 

162

 

 

Renuka vs Rajendra Hada

 

 

Rajasthan HC

 

 

HMA 12 1(a)

 

 

18 January 2007

 

AIR 2007 Raj 112, RLW 2007 (3) Raj 1839

1.appellant expressed her unwillingness to get examined by the medical expert, learned Family Court was entitled to draw the adverse inference against her declaring the marriage of appellant and respondent as null and void

2. marriage could not be consummated owing to the hysteria or extreme sensibility of the wife and there was no question of any structural defect

 

163

 

Rita Markandey vs Surjit Singh Arora

 

Supreme Court

 

CPC

 

27 September 1996

 

(1996) 6 SCC 14

 

Filing false affidavits is criminal contempt of Court.

 

164

 

Rita Nijhawan vs Balakishan Nijhawan

 

Delhi HC

 

HMA

 

21 February 1973

AIR 1973 Delhi 200, 9 (1973) DLT 222  

Detailed meaning of Sex, Consummation, Intercourse and Cruelty.

 

165

 

Ritu Raj Kant vs Anita

 

Delhi HC

 

HMA 24

 

18 September 2008

154 (2008) DLT 505  

Maintenance on actual earnings

 

166

 

Rohtash Singh vs Ramendri And Ors

 

Supreme Court

 

CrPC 125, HMA

 

02 March 2000

 

2000 (2) SCR 58

Wife is not entitled for maintenance prior to divorce on desertion and cruelty but after Divorce Wife can seek maint.
167 Rupali Gupta vs Rajat Gupta Delhi HC HMA 24 05 September 2016 Qualified working wife not entitled for maint under HMA 24
 

168

S.P Chengalvaraya Naidu vs Jagannath  

Supreme Court

 

CPC

 

27 October 1993

1994 AIR 853, 1994 SCC (1) 1 Judgment or decree obtained by playing fraud on the court is a nullity and non exist in the eyes of law.
169 S.R. Batra vs Taruna Batra Supreme Court DV 15 December 2006 I (2007) SLT 1 Wife has no Right on Husband’s parent’s Property
 

170

 

S.Ramesh vs MS.Cethar Ltd

 

Madras HC

 

CPC

 

12 January 2016

a person who enjoyed the benefit of an interim order, is liable to compensate the other party, when the main case is decided against him.
 

171

 

Sadhana Satish Kolvankar vs Satish Sachidanand Kolvankar

 

Bombay HC

 

HMA 12 13

 

15 July 2004

2005 (2) BomCR 340, 2005 (1) MhLj 935  

Wife refused coitus, broke Mangalsutra, filed 498A, Divorce on Cruelty, high Alimony

 

 

 

172

 

Sadhana Srivastava vs Sri Arvind Kumar Srivastava

 

 

Allahabad HC

 

 

HMA 13 1(ia)

 

 

06 September 2005

AIR 2006 All 7, 2006 (1) AWC 177, II (2005) DMC 863  

 

Divorce on Cruelty as Wife had filed a criminal complaint. But with Maint.

173 Samar Ghosh vs. Jaya Ghosh Supreme Court HMA 13 1(ia) 26 March 2007 (2007) 4 SCC 511 Enumerated illustrations of mental cruelty in detail wrt diff country laws.
 

174

 

Samaydin vs State of UP

 

Allahabad HC

 

CrPC 125

 

04 January 2001

LAWS(ALL)-2001-1-47 In normal circumstances the maintenance must be granted from the date of the order
 

 

175

 

Sangitaben Rasiklal Jaiswal vs Sanjaykumar Ratilal Jaiswal

 

 

Gujarat HC

 

 

HMA 24

 

 

09 December 1999

 

I (2001) DMC 19, (2000) 3 GLR 297

1. Husband’s property are irrelevent for intermin maint. unless he is drawing income from them.

2. Wife is entitiled for free legal aid. She should not saddle lower middle calass husband with her Litigation expenses.

 

176

Sanjay Bhardwaj & Ors. vs The State & Anr.  

Delhi HC

 

DV

 

27 August 2010

171 (2010) Delhi Law Times 644 Unemployed man can not be forced to pay maintenence, Maint under DV to be ordered as per CrPC 125
 

177

 

Sanjay Sudhakar Bhosale vs Khristina Sanjay Bhosale

 

Bombay HC

 

CrPC 125

 

08 April 2008

2008 Cri.L.J. (NOC) 833 (BOM.)  

No maintenance to wife under CRPC 125 if she can not prove Cruelty

178 Sanjeev Gupta vs Shalini Gupta Supreme Court HMA 24 23 February 2009 Interim maintenance increase illegal as no income proof produced
179 Sanjeev Kumar vs State Of U.P. Allahabad HC 498A 30 September 2011 Procedure for Arrest in Matrimonial Disputes.
 

 

180

 

Saritha Rao & Ors. vs Y.Raghunath Rao & Anr

 

 

Delhi HC

 

 

CPC

 

 

04 March 2010

 

169 (2010) DLT 277

Husband lodged suit claiming damages on account of false prosecution after aquittal in 498A. Period of limitation is one year in a suit claiming damages on account of false prosecution and the period is calculated from the date when the false prosecution came to an end
 

 

 

 

181

 

 

 

 

Savita Sachin Sathone vs Sachin Matotrao Sathone

 

 

 

 

Bombay HC

 

 

 

 

HMA 13 1(ia)

 

 

 

 

08 August 2016

1.It is well settled that if the material pleading is not denied or traversed, it is deemed to have been admitted.

2.wife threatening the husband of pouring kerosene on herself and of falsely implicating by making complaints against him and his family members in the Police Station, tantamount to cruelty.

3. no husband would like to hear that he was impotent for about 6 to 7 months after the marriage, if that was not true. Such an allegation would surely hurt a man’s ego

 

 

182

 

 

Savitri Devi vs Ramesh Chand And Ors

 

 

Delhi HC

 

 

498A

 

 

19 May 2003

2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC 328, 2003 (69) DRJ 6  

 

Courts admits misuse of 498A in many cases and send some advisories to Govt.

 

 

183

Sejal Dharmesh Ved VS State of Maharashtra  

Bombay HC

 

DV

 

07 March 2013

 

DV cant be filed after 1 year of Separation.

 

184

Sejalben Tejasbhai Chovatiya vs State of Gujarat  

Gujarat HC

 

CrPC 125

 

20 October 2016

Wife declaring completely incorrect facts and also suppressing the material aspect was prosecuted for perjury
 

185

Shaik Riayazun Bee vs The State Of A.P.  

Andhra HC

 

498A

 

01 June 2016

Relative of the husband for the purpose of Section 498A means related by blood, marriage or adoption.
 

186

 

Shailja vs Khobbanna

 

Supreme Court

 

CrPC 125

 

18 January 2017

Judgement against Husband = Whether the wife is capable of earning or whether she is actually earning are two different requirements.
 

 

187

 

 

Shakti Pershad vs Ratna Pershad

 

 

Delhi HC

 

 

HMA 24

 

 

31 January 2003

2003 IAD Delhi 697, 102 (2003) DLT 756, 2003 (66) DRJ 580, 2003 RLR 176  

 

HMA moveable property can not be termed as Income

 

188

 

Shakuntala Kumari v. Om Prakash Ghai

 

Delhi HC

 

HMA 13 1(ia)

 

06 October 1980

AIR 1983 Delhi 53, 19 (1981) DLT 64  

False complaint by the wife to the husband’s employer would amount to mental cruelty

 

189

 

Shamsher Singh Verma vs State Of Haryana

 

Supreme Court

 

IPC

 

24 November 2015

 

2015 (12) Scale 597

 

1. CD is a ‘document’ within the meaning of Section 3 of the Indian Evidence Act 2. Accused can play the CD in court in his defense.

190 Shanavas vs Raseena Kerala HC DV 10 December 2010 Magistrate cannot order non bailable warrant for the failure to pay maintenance.
 

 

191

 

 

Shantabai vs Tarachand

 

 

Madhya Pradesh HC

 

 

HMA 12 1(a)

 

 

22 April 1965

 

 

AIR 1966 MP 8

Although the Wife is not structurally or psychologically incapable of allowing sexual intercourse generally, yet she has an uncontrollable aversion to allowing coitus to the petitioner-husband. This case belongs to the rare variety of frigidity quoad hanc
 

192

 

Sharad Kumar Pandey vs Mamta Pandey

 

Delhi HC

 

DV

 

01 September 2010

jurisdiction of the court would not be there where an aggrieved person starts residing deliberately only for the purpose of filing a case under domestic violence against respondent while the place has no relevance
193 Shashi vs Sunny Bhumbla Punjab-Haryana HC PERJURY 25 January 2010 Wife was earning and she suppressed and gave wrong affidavit hence Perjury

 

 

 

 

 

 

 

 

 

194

 

 

 

 

 

 

 

 

Shaukin vs State Of U.P. And Others

 

 

 

 

 

 

 

 

Allahabad HC

 

 

 

 

 

 

 

 

498A

 

 

 

 

 

 

 

 

11 October 2011

 

1. Compliance of sections 41(1)(b) and 41 A Cr.P.C and to refrain from routinely arresting persons wanted in cases punishable by imprisonment up to 7 years.

2. Under section 498A IPC where the wife has gone back to her “maika”, it may not be necessary in a particular case to immediately arrest the husband and other family members until adequate evidence has been collected, as she is unlikely to encounter violence when she is away from her “sasural.

3. Strong reasons are needed for arresting an accused with respectable antecedents, who is an income tax payee with roots in the community, and a permanent abode, no history of earlier abscondance or non-cooperation with the police and who is not likely to tamper with the evidence or to again commit a crime unless he is immediately arrested

4. Contempt of court and Disciplinary proceedings against the police who do not adhere to sections 41(1)(b) and 41 A Cr.P.C

 

195

Shiv Kumar Yadav vs Santoshii Yadav  

Chattisgarh HC

 

CrPC 125

 

04 February 2004

 

Wife wants to reside separately without sufficient cause, hence Maint denied.

 

196

 

Shobha Rani vs Madhukar Reddi

 

Supreme Court

 

HMA 13 1(ia)

 

12 November 1987

 

1988 AIR 121, 1988 SCR (1)1010

 

Husbands parents demanded dowry which was crulety on wife thus wife got divorce on Cruelty.

 

197

Shriram Munjaji Raut vs The State Of Maharashtra  

Bombay HC

 

PERJURY

 

14 March 2011

 

Rigorous imprisonment on Perjury for false evidence.

 

198

 

Subhash Chand vs State(Delhi Administration)

 

Supreme Court

 

CrPC

 

08 January 2013

 

(2013) 2 SCC 17

a complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court. He cannot file such appeal in the Sessions Court.
 

199

 

Subhash Chandra Das Chowdhury vs Sandhya Das Chowdhury

 

Calcutta HC

 

HMA 13 1(ia)

 

18 July 2008

 

(2008) 3 WBLR (Cal) 815.

Once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband.
 

200

Sudha Devi & Another vs State Of U.P. & Another  

Allahabad HC

 

CrPC 125

 

02 April 2014

Maint order to be paid from the date of order unless explicitly mentioned to pay from date of application.
 

 

201

 

 

Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar

 

 

Bombay HC

 

 

HMA 12

 

 

15 September 2004

 

AIR 2005 Bom 62, 2005 (1) BomCR 591, 2004 (4) MhLj 1052

 

 

No Stridhan and Alimony and Annulment on Hiding Past. Marriage expenses cant be returned.

202 Sujit Kumar vs Vandana Delhi HC HMA 24 08 September 2016 Eleven points to consider for int maint.

 

 

203

Sukhdev Kaur vs Ravinder Singh Grewal  

Calcutta HC

 

HMA 13 1(ia)

 

18 July 1996

 

II (1997) DMC 69

 

Divorce on Cruelty.

 

204

 

Suman Kapur vs Sudhir Kapur

 

Supreme Court

 

HMA 13 1(ia)

 

07 November 2008

 

(2009) 1 SCC 422

The letters and entries in diary of wife, it was proved that there was mental cruelty on the part of the wife.
 

205

 

Suman Singh vs Sanjay Singh

 

Delhi HC

 

HMA 13 1(ia)

 

23 May 2013

2013 (5) RCR (Civil) 844 Wife’s allegations of dowry harassment, 498A/ 406, DV Act proven false, her evidence doesn’t prove allegations; cruelty and divorce to husband
 

206

 

Sumana Bhasin VS Neeraj Bhasin

 

Delhi District Court

 

DV

 

27 May 2015

wrongdoers should not get benefit out of frivolous litigations. all interim orders stand cancelled and wife was fined for false litigation.
 

207

Sundar Babu & Ors vs State Of Tamil Nadu  

Supreme Court

 

498A

 

19 February 2009

(2009) 14 SCC 244  

SC Explains Conditions For The Quash Of An FIR.

 

208

 

Sunder Singh vs Manna Sunder Singh

 

Punjab-Haryana HC

 

HMA 24

 

28 July 1961

AIR 1962 Punj 127 Wife alleged high income and property of husband but not proof was given by wife or husband.
 

209

 

Sunil Kumar Gupta Vs. Shalini Gupta

 

Uttarakhand HC

 

DV

 

28 September 2011

2012(4) Crimes 199 (Uttar)  

Right to Residence after Divorce to be decided based on Divorce Terms

 

210

 

Sunitha vs State Of Kerala

 

Kerala HC

 

DV

 

10 December 2010

 

2011 [1] KLT 210

 

Respondent in DV cant be arrested unles committed breach of a protection order

 

211

Sunny Paul & Anr. vs State Nct Of Delhi & Ors  

Delhi HC

 

Senior Citizen Act

 

15 March 2017

 

Abusive son to be evicted from parents’ home.

 

 

212

 

Suo Motu Vs. Ushaben Kishorbhai Mistry

 

 

Gujarat HC

 

 

DV

 

 

27 November 2015

DMC20161587 ,

LAWS(GJH)2015 1171

 

Detailed Discussion on Civil and Criminal Jurisdiction of DV. Application for DV quashing allowed by CrPC 482.

 

213

 

Surbhi Agrawal vs Sanjay Agrawal

 

Madhya Pradesh HC

 

HMA 13 1(ia)

 

09 December 1999

 

AIR 2000 MP 139, I (2000) DMC 453

 

Divorce on Cruelty.

 

214

 

Sushila Devi vs Shri Joginder Kumar

 

Delhi HC

 

HMA 24

 

02 July 2010

Maint to be decided on Actual Earning of husband and not on his parent’s properties.
215 Swati Kaushik vs Ashwini Sharma Delhi District Court DV 12 March 2015 Equally qualified spouse, Maint for one year only then wife to find job
 

216

 

Sweety Gupta Vs Neety Gupta & Ors

 

Delhi HC

 

CPC

 

25 October 2016

1.Serving Summon 2.On Whom Burden Of Proof Lies 3.Court May Presume Existence Of Certain Facts
 

217

Syed Nazim Husain vs Additional Principal Judge Family Court Allahabad HC -Lucknow  

PERJURY

 

09.01.2003

 

Perjury application must be decided first before proceeding with the case

 

218

 

T K Surendran Vs P.Najima Bindu

 

Kerala HC

 

CrPC 125

 

03 February 2012

 

DMC2012249

Judgement Against Husband = CrPC 125 and HMA 25 is applicable for Voidable Marriage.

 

 

219

Umesh Kumar vs State Of A.P.And Anr  

Supreme Court

 

CrPC

 

06 September 2013

(2013) 10 SCC 591  

Illegally obtained evidence is admissible

 

220

 

Urmila Devi vs Narinder Singh

 

Himachal Pradesh HC

 

HMA 12

 

12 September 2006

AIR 2007 HP 19, 2006 (2) ShimLC 445 1. Wife is psychologically impotent and the marriage has not been consummated due to this reason

2. Concealment of material fact.

 

221

 

V. Bhagat vs D. Bhagat

 

Supreme Court

 

HMA 13 1 (i)

 

19 September 1993

1994 AIR 710, 1994 SCC (1) 337  

Irretrievable breakdown of the marriage

 

222

 

V.B.Kamalanathan vs K.Jayasree

 

Madras HC

 

CrPC 125

 

29 April 2016

Upon non-payment of arrears, arrest cannot be ordered simply just because wife has asked for, the Court has to be satisfied that Husband despite having sufficient means had wilfully evaded the payment of arrears of maintenance.
 

223

 

Vanamala vs Shri H.M.Ranganatha Bhatta

 

Supreme Court

 

CrPC 125

 

27 July 1995

 

1995 SCC (5) 299, JT 1995 (5) 670

 

Mutual Divorced wife eligible for Maint.

 

224

 

Vandana J. Kasliwal vs Jitendra N. Kasliwal

 

Bombay HC

 

HMA 12 1 (c)

 

28 September 2006

AIR 2007 Bom 115, II (2007) DMC 227  

Wife was suffering from schizophrenia. This material fact concealed hence Annulment. Wife may seek Alimony

 

225

Varinder Kaur vs Jitender Kumar And Anr  

Punjab-Haryana HC

 

DV

 

21 October 2016

 

Daughter in law has no right to live in the self-acquired property of Parent in-laws.

 

226

 

Varun Malik vs Payal Malik

 

Delhi HC

 

DV

 

29 July 2010

2011(1) Crimes (Del) 496 Family members of husband cannot be accused in DV case when they did not share household.
 

227

 

Vidhya Viswanathan vs. Kartik Balakrishnan

 

22 September 2014

 

AIR 2015 SC 285

not allowing a spouse for long time to have sexual intercourse by his or her partner, without sufficient reason, itself amounted to mental cruelty, hece divorce, But with huge Alimony.
 

228

Vijay Dhanuka Etc vs Najima Mamtaj Etc  

Supreme Court

 

CrPC

 

27 March 2014

(2014) 14 SCC 638 an obligation is cast on the learned Magistrate to ensure before summoning the accused who resides beyond his jurisdiction, to make necessary enquiry
229 Vijay Kumar Vs. Harsh Lata Delhi HC HMA 24 10 September 2008 Equally qualified and equally earning wife, no interim maint.
 

230

Vijay Verma v. State N.C.T. of Delhi & anr.  

Delhi HC

 

DV

 

13 August 2010

2010(3) LRC 291(DEL) Only violence committed by a person while living in the shared household can constitute domestic violence
 

231

 

Vijaya Baskar vs Suganya Devi

 

Madras High Court

 

DV

 

28 October 2010

MANU/TN/3477/ 2010  

Magistrate should not blindly call all family members as accused.

232 Vikas Jain vs Deepali Jain Uttarakhand HC CrPC 125 25 October 2010 No Maintenance u/s125Crpc for working Women
233 Vikas Kumar vs State of Bihar Supreme Court 498A 18 July 2016 Condition of paying maintenance to wife for AB is not sustainable in law.

 

 

 

 

234

 

 

Vinita Devangan v. Rakesh Kumar Devangan

 

 

 

Chattisgarh HC

 

 

 

CrPC 125

 

 

 

01 May 2009

 

2010(1) HLR 604 : 2010(1) AICLR 508 : 2009(3) Crimes 57 : 2009(2) DMC 833

 

 

Wife took MCD then filed 125, but Wife is a proprietor of a Boutique and she hide this fact, hence maintainence denied due to unclean hands.

235 Vinita Saxena vs. Pankaj Pandit Supreme Court HMA 13 1(ia) 21 March 2006 (2006) 3 SCC 778 regarding legal proposition on aspect of cruelty
 

236

 

Vinny Parmar vs Paramvir Parmar

 

Supreme Court

 

HMA 25

 

20 July 2001

 

AIR 2011 SCC 2748

For permanent alimony and maintenance income and property of both, are relevant material in addition to the conduct of the parties and other circumstances of the case.
 

237

Vishwanat vs Sarla Vishwanath Agrawal  

Supreme Court

 

HMA 13 1(ia)

 

04 July 2012

AIR 2012 S.C. 2586  

Divorce on Cruelty but with Huge Alimony

 

238

Yamunabai Anantrao Adhav A vs Ranantrao Shivram Adhav  

Supreme Court

 

CrPC 125

 

27 January 1988

1988 AIR 644, 1988 SCR (2) 809  

Personal Law to be considered while deciding CrPC 125

 

Tags

Leave a Reply

Your email address will not be published. Required fields are marked *

Close
Close