Judicial Exam

List of 250 Important Judgments with their ratio


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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.



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


Supreme Court




29 April 1988

1988 AIR 1531, 1988 SCR Supl. (1) 1  

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





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



Supreme Court






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.





Abbayolla M. Subba Reddy vs Padmamma



Andhra HC






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.


Abhijit Pawar vs Hemant Madhukar Nimbalkar  

Supreme Court




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


Advocate Ramesh vs State of Maharshtra  

Bombay HC




13 June 2011


For DV temporary residing doesnt mean casual stay.



Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co  

Supreme Court




26 July 2010


(2010) 8 SCC 24

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


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



Alika Khosla vs Thomas Mathew And Anr 2001  

Delhi HC




20 December 2001

2002 (62) DRJ 851  

Right to Privacy is not Absolute.






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.






Amarawati And Anr. vs State Of U.P



Allahabad HC






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




Amit Agarwal And Ors vs Sanjay Aggarwal And Ors  

Punjab-Haryana HC




31 May 2016


DV cant be filed after Divorce.



Amit Khanna vs Priyanka Khanna & Ors  

Delhi HC




01 September 2010

2010 (119) DRJ 182  

Claim of high status of husband not sufficient for interim maintenance




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.



Anshu Gupta vs State (Nct Of Delhi)


Delhi District Court




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.



Anu Kaul vs Rajeev Kaul


Supreme Court


HMA 24


23 March 2009

(2009) 13 SCC 209  

Wife working no maintenance





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









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


Arnesh Kumar vs State Of Bihar & Anr  

Supreme Court




02 July 2014


(2014) 8 SCC 273


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



Arun Atmaram Patil & Ors vs Sandhya Arun Patil & Anr  

Bombay HC




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


Arun Kashinath Deshpande Vs. Inumati Ramchandra Deo  

Bombay HC


HMA 25


08 April 2010


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




Arun Kumar Agarwal vs Radha Arun


Karnataka HC




15 March 2001


2001 CriLJ 3561


Petition under CrPC 340 must be decided only at the end



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.



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.







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.



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

Supreme Court




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.




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



Bhadrayu C Vachharajani VS Saurashtra University  

Gujarat HC




29 November 2013




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




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



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.



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.





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.









Bhausaheb Magar vs Leelabai Magar 2006





Bombay HC










14 November 2006

AIRBOMR200727 11 ,

ALLMR20073676 , LAWS(BOM)200 611179





Doctrine of res judicata




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




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.





Capt Dr Hamesh Kumar Vs Dr Nisha Sahi



Punjab-Haryana HC



CrPC 125



20 July 1993


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




Wife Working, taking unnecessary adjournments, Quashed under CrPC 482




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.



Chandra Shashi vs Anil Kumar Verma


Supreme Court




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



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.



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.


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.




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


Allahabad HC




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.




Commissioner Of Income-Tax vs Godavaridevi Saraf


Bombay HC




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.





D.Velusamy vs D.Patchaiammal



Supreme Court



CrPC 125



21 October 2010

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




Relationship in the nature of marriage for DV Act




Dalip Singh vs State Of U.P. & Ors


Supreme Court




03 December 2009


(2010) 2 SCC 114


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



Damanpreet Kaur vs Indermeet Juneja & Anr  

Delhi HC




14 May 2012


(2013) 1 JCC 306


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



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.





Deepak @ Gajanan Ramrao Kanegaonkar vs Soniya Depak


Bombay HC




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.



Deoki Panjhiyara v. Shashi Bhushan Narayan Azad


Supreme Court




12 December 2012

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

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




Dimple Khanna vs Anita Advani


Bombay HC




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.




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.



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

Supreme Court




08 April 2015


Discussion on Jurisdiction.






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.




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.


G. Shyamala Ranjini vs M.S. Tamizhnathan  

Madras HC




20 November 2007


Related to Audio CD as Evidence.




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.


Geeta Singh Deo vs State Of Rajasthan  

Rajasthan HC – Jaipur




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



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.



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


Harpreet Kaur VS Dilvinder Singh Bedi  

Mahila Court Delhi




24 May 2011


Husband lost job because of complaint, maintenance denied






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.



Havovi Kersi Sethna vs Kersi Gustad Sethna  

Bombay HC




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.


Hima Chugh vs Pritam Ashok Sadaphule  

Delhi HC




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


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

Supreme Court




06 October 2006

(2016) 10 SCC 165  

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




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


Supreme Court




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.




Inderjit Singh Grewal vs State Of Punjab & Anr


Supreme Court




23 August 2011

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

1 Year limit to DV








Indra Sarma vs V.K.V.Sarma




Supreme Court








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.




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.




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.


Jaiprakash Madhukarrao Sahurkar vs Sarika  

Bombay HC


498A & DV


29 February 2016


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



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



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.




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.


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



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.





Joginder Kumar vs State Of U.P



Supreme Court






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.



Joginder vs State Nct Of Delhi & Anr


Delhi HC




22 September 2010

2010 (119) DRJ 349  

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




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.




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.



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.



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


K.Subhadra Patra Vs Mosomat K Aadiya Amma & Ors  

Supreme Court




01 July 2015


One can file counter affidavit by post.



K.V. Prakash Babu vs State Of Karnataka  

Supreme Court




22 November 2016


Adultery is not Cruelty for 498A




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.



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.



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.



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





Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And Anr


Supreme Court




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.



Koushik Vs Sangeeta Koushik Gharami  

Bombay HC – Nagpur




05 May 2014


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




Krishnamurthy Nookula vs Savitha Y


Karnataka HC




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




Kunaldev Singh Rathore vs State Of M.P



Madhya Pradesh HC






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.


Kusum Sharma vs Mahinder Kumar Sharma  

Delhi HC




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.



Lal Kamlendra Pratap Singh vs State Of U.P


Supreme Court




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.




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


Supreme Court




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.











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




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



M. Srinivasulu Vs State Of A.P.


Supreme Court




10 September 2007


AIR 2007 SC 3146


SC Defines 498A , 304B & Dowry






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.










Maharashtra Government VS Rajaram Digamber Padamwar






Bombay HC












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.




Mahila Vinod Kumari vs State Of M.P


Supreme Court




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



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



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.



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



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



Manju Kamal Mehra vs Kamal Pushkar Mehra  

Bombay HC




18 July 2009


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




Manoj Kumar Saini vs CPIO






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,



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.


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






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.





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.






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






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.




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


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





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.



Nachhattar Singh Alias Khanda vs State Of Punjab  

Punjab-Haryana HC




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.



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.







Narinder Pal Kaur Vs. Manjeet Singh



Delhi HC






20 September 2007

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


Second wife entitiled for Maint. Under HAMA section 18






Natasha Singh vs CBI (State)



Supreme Court






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



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.


Neelam Abhijeet Kadam vs State of Maharashtra  

Bombay HC




02 May 2017

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



Neetu Mittal Vs. Kanta Mittal


Delhi HC




30 September 2008

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

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



Niraj Trivedi vs State Of Bihar And Ors  

Delhi HC




04 January 2008


2008 (3) JCC 154


FIR to be registered at place of crime.



Nishant Hussain vs Seema Saddique & Anr Rajasthan HC -Jodhpur  



21 September 2012

2012 Law Suit (Raj) 1101  

One completely isolated incidence is not DV



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)




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



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.



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.




Preeti Gupta & Anr vs State Of Jharkhand & Anr


Supreme Court




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.





Preeti Jain vs Kunal Jain &Anr


Rajasthan HC




27 May 2016

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


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.


Priyanka Srivastava Vs State of Uttar Pradesh  

Supreme Court




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



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.



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.



Rachna Kathuria vs Ramesh Kathuria


Delhi HC




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





Raj Deo Sharma vs The State Of Bihar



Supreme Court






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




Raj Kumar Singh @ Raju @ Batya vs State Of Rajasthan


Supreme Court




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.



Rajan Parmar vs Mamta Parmar


District Court Delhi




10 March 2016

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


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.


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.



Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga


Supreme Court




13 December 2004


AIR 2005 SC 422


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







Ramjas Foundation & Ors vs Union Of India & Ors




Supreme Court








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


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.





Rayala M. Bhuvaneswari vs Nagaphanender Rayala



Andhra HC






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.




Renu Mittal vs Anil Mittal & Ors


Delhi HC




27 September 2010

2010 (7) R.C.R. (Cr.)  

No parallel relief in 125 CrPC & DV for maintenence






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




Rita Markandey vs Surjit Singh Arora


Supreme Court




27 September 1996


(1996) 6 SCC 14


Filing false affidavits is criminal contempt of Court.




Rita Nijhawan vs Balakishan Nijhawan


Delhi HC




21 February 1973

AIR 1973 Delhi 200, 9 (1973) DLT 222  

Detailed meaning of Sex, Consummation, Intercourse and Cruelty.




Ritu Raj Kant vs Anita


Delhi HC


HMA 24


18 September 2008

154 (2008) DLT 505  

Maintenance on actual earnings




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


S.P Chengalvaraya Naidu vs Jagannath  

Supreme Court




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



S.Ramesh vs MS.Cethar Ltd


Madras HC




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.



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






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.



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




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.



Sanjay Bhardwaj & Ors. vs The State & Anr.  

Delhi HC




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



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.




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



Delhi HC






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









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






Savitri Devi vs Ramesh Chand And Ors



Delhi HC






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.




Sejal Dharmesh Ved VS State of Maharashtra  

Bombay HC




07 March 2013


DV cant be filed after 1 year of Separation.



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


Shaik Riayazun Bee vs The State Of A.P.  

Andhra HC




01 June 2016

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



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.





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




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




Shamsher Singh Verma vs State Of Haryana


Supreme Court




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.





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



Sharad Kumar Pandey vs Mamta Pandey


Delhi HC




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



















Shaukin vs State Of U.P. And Others









Allahabad HC


















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



Shiv Kumar Yadav vs Santoshii Yadav  

Chattisgarh HC


CrPC 125


04 February 2004


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




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.



Shriram Munjaji Raut vs The State Of Maharashtra  

Bombay HC




14 March 2011


Rigorous imprisonment on Perjury for false evidence.




Subhash Chand vs State(Delhi Administration)


Supreme Court




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.



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.


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.





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.




Sukhdev Kaur vs Ravinder Singh Grewal  

Calcutta HC


HMA 13 1(ia)


18 July 1996


II (1997) DMC 69


Divorce on Cruelty.




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.



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



Sumana Bhasin VS Neeraj Bhasin


Delhi District Court




27 May 2015

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


Sundar Babu & Ors vs State Of Tamil Nadu  

Supreme Court




19 February 2009

(2009) 14 SCC 244  

SC Explains Conditions For The Quash Of An FIR.




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.



Sunil Kumar Gupta Vs. Shalini Gupta


Uttarakhand HC




28 September 2011

2012(4) Crimes 199 (Uttar)  

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




Sunitha vs State Of Kerala


Kerala HC




10 December 2010


2011 [1] KLT 210


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



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.





Suo Motu Vs. Ushaben Kishorbhai Mistry



Gujarat HC






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.




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.




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



Sweety Gupta Vs Neety Gupta & Ors


Delhi HC




25 October 2016

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


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





Perjury application must be decided first before proceeding with the case




T K Surendran Vs P.Najima Bindu


Kerala HC


CrPC 125


03 February 2012



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




Umesh Kumar vs State Of A.P.And Anr  

Supreme Court




06 September 2013

(2013) 10 SCC 591  

Illegally obtained evidence is admissible




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.




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




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.



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.




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



Varinder Kaur vs Jitender Kumar And Anr  

Punjab-Haryana HC




21 October 2016


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




Varun Malik vs Payal Malik


Delhi HC




29 July 2010

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



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.


Vijay Dhanuka Etc vs Najima Mamtaj Etc  

Supreme Court




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.


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

Delhi HC




13 August 2010

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



Vijaya Baskar vs Suganya Devi


Madras High Court




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.








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



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.


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



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



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