Complaint under section 12(1) of the Protection of Women from Domestic Violence Act, 2010

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
561-A CrPC No. 35 OF 2014
Rakesh Manhas
Petitioners
Aruna Manhas
Respondent
!Mr. B. B. Kotwal, Advocate
^M/s V. S. Saini and I. H. Shah, Advocates

Honble Mr. Justice Janak Raj Kotwal, Judge
Date: 21.10.2014
:J U D G M E N T :
1. This petition seeks invoking of inherent jurisdiction of this Court under section 561-A Cr.P.C. to quash a complaint(application) under section 12(1) of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed against the petitioners by the respondent as also the order dated 27.01.2014 passed by the trial Magistrate.
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What Is Cruelty For Seeking Divorce

i) The learned counsel for appellant, to substantiate his case, relied on the following decisions:

a) In Jayachandra v. Aneel Kaur , the Honble Supreme Court dealt with the expression cruelty in the context in which the said expression has been raised in relation to human conduct or human behaviour. The requisite ingredients for constituting cruelty have been mentioned in paragraph Nos.10 and 11 thus:
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When To Make A Residence Order Under The Domestic Violence Act

From the aforesaid, it is evident that any relief which is available under Sections 18 to 22 of the D.V. Act from the Magistrate may also be sought in any legal proceedings, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent, whether such proceedings were initiated before or after commencement of the Act.

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Wife’s Evidence Can be Recorded By Video Conferencing

The learned Judge of the Family Court has lost sight that recording
of evidence with the help of electronic methods and techniques is
acknowledged and recognized in the judicial system. In the case of
Amitabh Bagchi vs, Ena Bagchi (supra), wife was in India and husband remained in U.S. When there was an issue of maintenance between the parties, the husband made application before the Court for examining him through video conferencing. The Court has allowed the Application and also gave directions when the evidence was to be recorded by video conferencing by the trial Court.
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Can a widow be deprived simply because no other coparcerners demand partition

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
SECOND APPEAL NO.405 OF 2013

Smt. Kalawati Balasaheb Karne … Appellant
V/s.
Smt. Chanda Hanmant Karne & Anr. … Respondents

In the case in hand, a widow filed a suit for partition obviously
claiming her share through her deceased husband. In the wake of the revolution for emancipation of women and for recognizing their rights as human beings equal to the males in respect of the properties in Hindu family, I think depriving a widow simply because no other coparcerners demand partition would clearly be destructive of the movement. This court would like to consider the said larger question.

  Kalawati_Balasaheb_Karne.pdf (111.8 KiB)

What constitutes ‘cruelty’ as a matrimonial wrong

ZENOBIA GHADIALLY vs. MEHROUZ GHADIALLY (PARSI CHIEF MATRIMONIAL COURT AT BOMBAY, PARSI SUIT NO. 13 OF 2009)

In my summing up to the delegates, I asked that they each bear in mind while considering the facts what it is that is said to constitute ‘cruelty’ as a matrimonial wrong. This is a term that lends itself to no complete or exact definition. It lends itself to many interpretations, each fact-dependent.

Where there is evidence of a course of conduct sufficiently grave, beyond the vicissitudes of daily life, as would make it unreasonable to expect the complaining spouse to live with the other, cruelty must be held to have been established.

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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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