HC of MUMBAI : 07/02/2014 : Family Court Appeal No. 71 of 2006

HC of MUMBAI

07/02/2014         
Family Court Appeal No. 71 of 2006    
Mr. M & Mrs M. (as per court order names are hidden)

J.S.C. GUPTA & J.ABHAY OKA :- Dissolving a 16-year old marriage, a division bench of Justice Abhay Oka and Justice S C Gupte took into account the suffering caused to the husband and his parents who had to face a trial and attend multiple hearings.

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SC of INDIA : POLICE SHOULD BE PUNISHED FOR FALSE CASE

JUDGEMENT : SC of INDIA

20/01/2014         

169 of 2014     Perumal vs Janaki

P. Sathasivam and J. Chelameswar :: Punish cops who file false charges

Detail :: The court was hearing a case related to an all-women police station in Pollachi, Tamil Nadu. On May 28, 2008, one Nagal lodged a complaint against a man accusing him of having sexual relationship with her on the promise of marriage and claimed that she had become pregnant. She also complained that when she sought marriage citing her pregnancy, the man threatened to kill her. The complainant was subjected to medical examination and the doctors said she was not pregnant. Despite this evidence, the man was chargesheeted by a woman sub-inspector, who was entrusted investigation of the case. Pollachi judicial magistrate acquitted the accused. The state did not appeal against the verdict. The acquitted man moved the trial court for prosecution of the woman sub-inspector. But the court dismissed it saying the complaint was not maintainable. The Madras High Court too rejected his appeal. He sought relief from the Supreme Court. Writing the judgment for the bench, Justice Chelameswar disagreed with the HC's decision not to entertain the man's plea for prosecution of the policewoman for deliberately initiating prosecution against him despite being aware of his innocence. He said, "In the case on hand, when the appellant alleges that he had been prosecuted on the basis of a palpably false statement coupled with the further allegation in his complaint that the woman SI did so for extraneous considerations, we are of the opinion that it is an appropriate case where the high court ought to have exercised jurisdiction under Section 195 of Criminal Procedure Code.

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DV ACT : Crl. Revision No. 367/2010

ADDITIONAL SESSIONS JUDGE (CENTRAL) ROHINI, DELHI

28/08/2010

Crl. Revision No. 367/2010

Santosh Kaur, Ms. Ritu Kashyap Revisionists Smt. Nidhi Kashyap

KAMINI JAU, J.

Married sisters of a man, living separately from the joint family, cannot be prosecuted under the Domestic Violence (DV) Act on a complaint of his wife, a Delhi court has held. 

Additional Sessions Judge Kamini Lau expressed concern over “misuse” of special laws by making women parties in the petitions just because they happened to be sisters of the man. “Married sisters residing in their own matrimonial houses are not a part of the shared household or joint family, as contemplated under the Domestic Violence Act,” the court said. It, however, clarified that the married sisters were not denied the rights, which could be claimed from their parental home. 

The observations were made by the court while dismissing the plea of a woman who challenged an order of the Metropolitan Magistrate, refusing to summon married sisters of her estranged husband in the case under the Domestic Violence Act.

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CRL.NO. 1635 of 2011

SC OF INDIA

23/08/2011    

CRL.NO. 1635 of 2011

Inderjit Singh Grewal vs State of Punjab & Anr.

P. SATHASIVAM & Dr. B.S. CHAUHAN :

(1) Domestic Violence Semi Crimal in nature and set time limit of 1 yr
(2) In view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable

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CRL.M.C.NO. 1766/2010

High Court of Delhi and New Delhi

08/10/2010         

CRL.M.C.NO. 1766/2010    

Bhupender Singh Mehra vs State NCT * Anr

and

Diwan Singh Mehra vs State NCT of Delhi and Anr

SHIV NARAYAN DHINGRA, J.

Aggrieved person cant make all relatives of the husband as a respondent under PWDVA  :

(1) It is apparent from the above provision of Domestic Violence Act that before passing an order on aplication, the magistrate has to take into consideration the domestic incident report received from him by Protection Officer or Service Provider. The order dated 5th November, 2009 of learned MM shows that before serving notice to the respondent, the learned MM did not take into consideration anything and did not even consider the contents of the application and did not try to find out as to whether respondents mentioned in the application satisfied the definition of respondent under Section 2(q) of Domestic Violence Act.

(2) The order dated 5th November, 2009 passed by the learned MM is therefore set aside. The learned MM is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the “respondent” as given in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005 and then only issue notice to them.

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CRL.MC.No. 130/2010 & CRL. M.A. NO. 504/2010

Delhi High Court

30/08/2010

CRL.MC.No. 130/2010 & CRL. M.A. NO. 504/2010

Rachna Kathuria vs Ramesh Kathuria

SHIV NARAYAN DHINGRA, J.

No maintenance in DV if maintenance already passed in Crpc 125.

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CRIMINAL APPEAL 879 of 2009

SC OF INDIA

28/04/2009

CRIMINAL APPEAL 879 of 2009

Bhushan Kumar Meena vs Mansi Meena @ Hardeep Kaur

ALTAMAS KABIR, J. and CYRIAC JOSEPH, J.

(0) CrPC 125
(1) Arrears need to be recalculated
(2) During Maintenance EMI should be taken care.


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