Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order] https://www.livelaw.in/news-updates/residence-order-only-if-domestic-violence-established-142495\

Whether unemployed husband is bound to pay maintenance to earning wife?

Whether unemployed husband is bound to pay maintenance to earning wife?

In this context, we may profitably quote a passage from the
judgment rendered by the High Court of Delhi in Chander Prakash
Bodhraj v. Shila Rani Chander Prakash [AIR 1968 Delhi 174]
wherein it has been opined thus:-
“An able-bodied young man has to be presumed to be
capable of earning sufficient money so as to be able
reasonably to maintain his wife and child and he cannot be
heard to say that he is not in a position to earn enough to be
able to maintain them according to the family standard. It is
for such able-bodies person to show to the Court cogent
grounds for holding that he is unable to reasons beyond his
control, to earn enough to discharge his legal obligation of
maintaining his wife and child. When the husband does not
disclose to the Court the exact amount of his income, the
presumption will be easily permissible against him.”
22. From the aforesaid enunciation of law, it is absolutely
clear that once the husband is an able-bodied young man capable of
earning sufficient money, he cannot simply deny his legal obligation
of maintaining his wife.

23. It has to be remembered that when the woman leaves
the matrimonial home, the situation is quite different. She is deprived
of many a comfort. Sometimes the faith in life reduces. Sometimes,
she feels she has lost the tenderest friend. There may be a feeling
that her fearless courage has brought her misfortune. At this stage,
the only comfort that the law can impose is that the husband is
bound to give monetary comfort. That is the only soothing legal balm
for which she cannot be allowed to resign to destiny. Therefore, the
lawful imposition for grant of maintenance allowance. [ Ref: Shamima
Farooqui vs. Shahid Khan (supra)].
24. The learned counsel for the husband has vehemently
argued that the learned courts below have ignored the fact that the
wife is earning Rs.9,000/- by taking her income only to be Rs.5000/-.
I am afraid that such contention is belied from the records as the
learned appellate court has duly taken into consideration the fact that
the wife was getting a salary of Rs.9,000/-.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MMO No.26 of 2015 and Cr.
Revision No. 369 of 2014.

Date of decision: 1.6.2015.

Vipul Lakhanpal …… Petitioner.
Vs.
Smt. Pooja Sharma ….. Respondent

Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

Citation; 2015 CRLJ 3451HP

Some Useful Citations to help in your 498A case are mention as under please store it for your future reference.

Some Useful Citations to help in your 498A case are mention as under please store it for your future reference.

Jurisdiction Citations:

1. Manish Ratan and Ors. Vs State of M.P and Anr. Reported in 2007 volume-1 SCC 262.

2. Y. Abraham Ajith and Others Vs. Inspector of Police, Chennai and Another reported in
2004, SCC Crl-2134.

3. Satvinder Kaur vs. State (Govt. of NCT of Delhi) (1999) 8 SCC 728

4. Bhanu Ram and Ors. Vs State of Rajasthan 7 Anr in CASE NO: Appeal (crl.) 587 of
2008 [arising out of Special Leave Petition (Crl.) No. 79 of 2006).

5. Sonu and Ors Vs Govt. of NCT of Delhi and Anr. in W.P (Crl.). No.1266/2007, Decision
on 10.10.2007.

Discharge U/s 239 CrPC:

1. State of Karnataka v. L. Muniswamy AIR 1977 SC 1489

2. State of Maharashtra and Ors. v. Som Nath Thapa and Ors. AIR 1996 SC 1744

3. Omwati and Anr Vs. State AIR 2001 SC 1507

4. Kanti Bhadra Shah and Anr. Vs. State of W.B. AIR 2000 SC 522

5. Stree Atyachar Virodhi Parishad Vs. Dilip N. Chartia 1989 (1) SCC 715

6. State of Bihar vs. Ramesh singh AIR 1977 SC 2018

7. Supdt. S. Remembrancer of legal affairs W.B. Vs. Anil Kumar Bhunja- AIR 1989 SC 52

8. Satish Mehra Vs. Delhi Admn. (1996)9 SCC 766

9. State of M.P. v. Mohanlal Soni AIR 2000 SC 2583

Allegations do not attract Section 498A IPC:

1. State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219

2. V.Bhagat Vs. Mrs.D.Bhagat AIR 1994 SC 710

3. CRIMINAL APPEAL NO. 299 OF 2003 MANJU RAM KALITA vs. STATE OFASSAM

4. Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414

5. Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078

6. Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326

7. Richhpal Kaur v. State of Haryana and Anr. 1991 (2)

8. Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18

9. Shobha Rani v Madhukar Reddy AIR 1998 SC 121

Material evidence required on demand of dowry:

1) M. Srinivasulu v. State of A.P., AIR 2007 SC 3146,

2) Ran Singh and Anr. Vs. State of Haryana and Anr, Case no. appeal (Crl) 222 of 2008
arising out of SLP (Crl.) No. 3089 of 2006

3) Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763,

4) Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314,

5) Sukhram v. State of Maharashtra, AIR 2007 SC 3050,

6) Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865.

7) Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828

Some Useful Citations to help in your 498A case are mention as under please store it for your future reference.

Some Useful Citations to help in your 498A case are mention as under please store it for your future reference.

Jurisdiction Citations:

1. Manish Ratan and Ors. Vs State of M.P and Anr. Reported in 2007 volume-1 SCC 262.

2. Y. Abraham Ajith and Others Vs. Inspector of Police, Chennai and Another reported in
2004, SCC Crl-2134.

3. Satvinder Kaur vs. State (Govt. of NCT of Delhi) (1999) 8 SCC 728

4. Bhanu Ram and Ors. Vs State of Rajasthan 7 Anr in CASE NO: Appeal (crl.) 587 of
2008 [arising out of Special Leave Petition (Crl.) No. 79 of 2006).

5. Sonu and Ors Vs Govt. of NCT of Delhi and Anr. in W.P (Crl.). No.1266/2007, Decision
on 10.10.2007.

Discharge U/s 239 CrPC:

1. State of Karnataka v. L. Muniswamy AIR 1977 SC 1489

2. State of Maharashtra and Ors. v. Som Nath Thapa and Ors. AIR 1996 SC 1744

3. Omwati and Anr Vs. State AIR 2001 SC 1507

4. Kanti Bhadra Shah and Anr. Vs. State of W.B. AIR 2000 SC 522

5. Stree Atyachar Virodhi Parishad Vs. Dilip N. Chartia 1989 (1) SCC 715

6. State of Bihar vs. Ramesh singh AIR 1977 SC 2018

7. Supdt. S. Remembrancer of legal affairs W.B. Vs. Anil Kumar Bhunja- AIR 1989 SC 52

8. Satish Mehra Vs. Delhi Admn. (1996)9 SCC 766

9. State of M.P. v. Mohanlal Soni AIR 2000 SC 2583

Allegations do not attract Section 498A IPC:

1. State of H.P.V Nikku Ram & Ors 1995 (6) SCC 219

2. V.Bhagat Vs. Mrs.D.Bhagat AIR 1994 SC 710

3. CRIMINAL APPEAL NO. 299 OF 2003 MANJU RAM KALITA vs. STATE OFASSAM

4. Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414

5. Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078

6. Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326

7. Richhpal Kaur v. State of Haryana and Anr. 1991 (2)

8. Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18

9. Shobha Rani v Madhukar Reddy AIR 1998 SC 121

Material evidence required on demand of dowry:

1) M. Srinivasulu v. State of A.P., AIR 2007 SC 3146,

2) Ran Singh and Anr. Vs. State of Haryana and Anr, Case no. appeal (Crl) 222 of 2008
arising out of SLP (Crl.) No. 3089 of 2006

3) Appasaheb & Anr. v. State of Maharashtra, AIR 2007 SC 763,

4) Shivanand Mallappa Koti v. State of Karnataka, AIR 2007 SC 2314,

5) Sukhram v. State of Maharashtra, AIR 2007 SC 3050,

6) Hira Lal & Ors. v. State (Govt. of NCT), Delhi, AIR 2003 SC 2865.

7) Kaliyaperumal & Anr. v. State of Tamil Nadu, AIR 2003 SC 3828

divorce cases in favor of husbands

divorce cases in favor of husbands

1. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Dr. Anita Rani V/s Dr. Suresh Kumar

Wife files false criminal cases against the husband, breaking & throwing mangal sutra, getting husband arrested, neglecting household and ill-treated husband etc. are cruelty. P & H HC affirms lower court decree. Divorce granted by the court.

2.  Madras High Court

A.P. Ranga Rao vs Vijayalakshmi

Wife made  Suicide attempt as the husband did NOT set up the separate house. Madras HC  granted a divorce for a husband. On several occasions wife threatened to commit suicide. She insisted on the husband  to start a separate establishment after severing his connection with the other members of his family, namely, mother, brother, brother’s wife and unmarried brother.

3. Bombay High Court

Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha

High Court analyses that the husband has NOT proven cruelty during matrimonial life, also not proven that the wife is of unsound mind and he is entitled to get a divorce on the basis of wild, reckless and baseless allegations of impotency, lack of masculinity made by the wife.

4. Delhi High Court

Chandhok (Lajwanti)  vs  Chandhok

Wife drives husband out of the matrimonial home, assaulted and abused him, refused to cohabit all cruelty. HC observed that husband subjected to cruelty & has become unendurable and granted divorce to him.

6. Delhi High Court

Smt. Alka vs Dr. R.K. Gautam

Wife Refused to have sex and threatened husband with suicide, ill-treating and uncaring attitude is shown towards relatives of husband. Delhi HC decreed the Divorce.

7. HIGH COURT OF JUDICATURE AT BOMBAY

Anil Yashwant Karande,      Vs  Smt. Mangal Anil Karande

Wife files a false case on 498a against the husband.  Bombay HC accepts the innocence of husband and it ends in discharge of the accused husband and his people and granted him divorce

8. THE SUPREME COURT OF INDIA

K.SRINIVAS   V/s K. SUNITA

Wife files a criminal complaint under section 307 read with 34, 148A, 384, 324 of IPC. Husband and seven members of his family were arrested on this. It was argued that this was solitary criminal complaint and cannot be considered as cruelty.Divorce granted by observing that even one false criminal complaint by wife constitutes matrimonial cruelty.

9. HIGH COURT OF JUDICATURE AT BOMBAY

Shri Mangesh Balkrushna Bhoir    Vs  Sau. Leena Mangesh Bhoir

Hon HC granted a divorce to the man even though trial court not specifically mentioned 498a filed by women was false. HC observed that the women have filed false cases and treated husband cruelly. Man files for divorce and granted by the civil judge but due to appeals case finally reaches the Bombay HC.

10. HIGH COURT AT CALCUTTA

Rita Bandopadhyay  v/s  Abhik Bandopadhyay

Wife claims that husband had illicit relations with own sister, abuse him in the office, deserted him and stops him seeing own son. Divorce granted by the court and appreciates statements and evidence that proves cruelty of wife to husband. It takes about 21 years after desertion to get a divorce in this case.

Remarriage Not A Ground To Deprive A Man Custody Of His Children, Holds SC

Remarriage Not A Ground To Deprive A Man Custody Of His Children, Holds SC [Read Judgment]

Read more at: http://www.livelaw.in/remarriage-not-a-ground-to-deprive-a-man-custody-of-his-children-holds-sc-read-judgment/

In divorce petition trial to be concluded within six months from date of service of notice on respondent

In divorce petition trial to be concluded within six months from date of service of notice on respondent https://blog.scconline.com/post/2019/01/03/in-divorce-petition-trial-to-be-concluded-within-six-months-from-date-of-service-of-notice-on-respondent/