HC directs man to return jewellery gifted to ex-wife

The Bombay high court has directed a Vile Parle resident to return the jewellery he had gifted to his former wife at the time of their wedding as it was a part of her streedhan.

Dismissing Prakash Sawant’s application, a division bench of Justice Abhay Oka and Justice Revati Dere upheld a family court order asking him to return the streedhan or pay the value of the ornaments at market rate to his former wife, Savitri.

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What Is Stridhan?

That takes us to consider the issue of Stridhan and the maintenance. The word “Stridhan” includes gifts made to the wife at the time of marriage by her parents, brother, inlaws, husband etc. She is absolute owner of her Stridhan property and she can deal with it in any manner she likes. In the event of divorce or desertion, she is entitled for her Stridhan and her claim in respect thereof, if proved, must be allowed and necessary directions to return the same must be issued by the courts. In the present case, there is no dispute that the certain ornaments were gifted to the appellant by her parents in the marriage, as stated by her in her written statement and in her evidence. The respondent has also deposed that some ornaments were gifted by him at the time of marriage to the appellant. The appellant in her written statement and in her evidence, however, has made reference only to the ornaments/gifts made by her parents as Stridhan. There are six articles, mentioned in paragraph 11(O) of the written statement and in paragraph 23 of her deposition, as Stridhan. She has not claimed ornaments/gifts made by the respondent in the marriage as Stridhan.

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Adulterous wife can’t get maintenance

‘Adulterous wife can’t get maintenance’

Rebecca Samervel TNN

Mumbai: A city court rejected a 38-year-old South Mumbai woman’s plea for maintenance from her estranged husband after it found she was involved in an adulterous relationship.
“The wife who engaged herself in (an) adulterous relationship with a man who owns a shop at the bottom of the building where her matrimonial house is situated cannot claim maintenance and cannot be allowed to take advantage of her own wrongdoings,” the court said.

The court accepted the 40-year-old husband’s plea seeking divorce on grounds of cruelty and adultery.

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Scope Of Section 125 Cr.P.C. Maintenance For Wife & Children

Section 125 Cr.P.C. is a piece of social legislation which provides for a summary and speedy relief by way of maintenance to a wife who is unable to maintain herself and her children. Section 125 is not intended to provide for a full and final determination of the status and personal rights of parties, which is in the nature of a civil proceeding, though are governed by the provisions of the Cr.P.C. and the order made under Section 125 Cr.P.C. is tentative and is subject to final determination of the rights in a civil court. Continue reading

Treat second wife as legally wedded for maintenance claims: Supreme Court

The Supreme Court on Friday ruled that a woman, duped into marrying a person who was already having a subsisting marriage, would not be affected by the Hindu Marriage Act and would be treated as a legally wedded wife for the purpose of claiming maintenance.

“At least for the purpose of claiming maintenance under Section 125 of Cr.P.C. (Criminal Procedure Code), such a woman is to be treated as the legally wedded wife,” said a bench of Justice Ranjana Prakash Desai and Justice A.K. Sikri in their judgment.

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Badshah vs. Urmila Badshah Godse (Supreme Court)

REPORTABLE
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL MISCELLANEOUS PETITION No.19530/2013

IN

SPECIAL LEAVE PETITION (CRL.) No.8596/2013

Badshah ….Petitioner

Versus

Sou.Urmila Badshah Godse & Anr. …Respondents
J U D G M E N T

A.K.SIKRI,J.
1. There is a delay of 63 days in filing the present Special Leave
Petition and further delay of 11 days in refilling Special Leave
Petition. For the reasons contained in the application for
condonation of delay, the delay in filing and refilling of SLP is
condoned.

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Women Are Also Liable Under The Domestic Violence Act: Bombay High Court

One of the contentions raised by the respondents, who are women, was that in view of the definition of the term ‘respondent’ as given in the said Act, the proceedings against them were not maintainable. This contention has been specifically dealt with and turned down by the Supreme Court of India in the case of Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade and others” {2011(3) Mh.L.J. (Cri.) 73}. Since the said decision of the Supreme Court of India was not pointed out to the learned Additional Sessions Judge, who heard the revision application, he accepted the contentions of the women respondents

As aforesaid, the view taken by the Additional Sessions Judge that women will not be covered by the definition of the term ‘Respondent’, as given in the Domestic Violence Act, is clearly contrary to law. As regards his opinion that there were no sufficient grounds for proceeding against the respondents, the question is whether the approach of the learned Additional Sessions Judge in that regard was justified. The question is whether the considerations which should weigh in deciding whether the process to answer a criminal charge has been rightly issued, should arise in proceedings instituted on the basis of
Section 12 of the Domestic Violence Act.

The proceedings under the provisions of the said Act cannot be equated with a criminal trial. Therefore, the considerations, whether or not there were sufficient grounds for
proceedings in a given case, ought not arise in such proceedings. The proceedings are akin to civil proceedings. The Additional Sessions Judge has misdirected himself in applying the principles which are brought in picture when a challenge to the correctness of the order issuing process to appear and answer to the charge of an offence, needs to be decided.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 63 OF 2013
Sau. Kalpana W/o Santosh Jadhav
Age : 28 years, Occ : Household,
R/o At Present Kamtha (Bk),
Tq. Ardhapur, Dist. Nanded.

  Sau. Kalpana W/o Santosh Jadhav (536.9 KiB)