CPC, Cr.PC, Family Law Important Case Laws

Very Important Judgments Related to Cr.PC, CPC and Family Law

S.No.	NAME	Under	EQU. CITATTION	GIST
1	A. Jayachandra vs Aneel Kaur	HMA 13 1 (i)(a)	(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.
2	A.R. Antulay vs R.S. Nayak & Anr	CrPC	1988 AIR 1531, 1988 SCR Supl. (1) 1	If a mistake is detected then Courts (even SC) can correct it later.
3	A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors	CPC	(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.
4	Abbayolla M. Subba Reddy vs Padmamma	HAMA	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	DV		Every relative of the husband cannot be made as a respondent.
6	Abhijit Pawar vs Hemant Madhukar Nimbalkar	CrPC	(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
7	Advocate Ramesh vs State of Maharshtra	DV		For DV temporary residing doesnt mean casual stay.
8	Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co	CPC	(2010) 8 SCC 24	Explains Alternative Dispute Resolution (Arbitration, judicial settlement,Lok Adalat, Mediation)
9	Alika Khosla vs Thomas Mathew And Anr 1996	Divorce Act	II (1996) DMC 218	Audio recording with Transcript admissible as evidence
10	Alika Khosla vs Thomas Mathew And Anr 2001	CPC	2002 (62) DRJ 851	Right to Privacy is not Absolute.
11	Alok Kumar Jain Vs. Purnima Jain	HMA 24	AIR 2007 (NOC) 1654 (Del.), 2007(96) DRJ 115	Things to rely on while awarding interim maintenance.
12	Amarawati And Anr. vs State Of U.P	IPC	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

13	Amit Agarwal And Ors vs Sanjay Aggarwal And Ors	DV		DV cant be filed after Divorce.
14	Amit Khanna vs Priyanka Khanna & Ors	DV	2010 (119) DRJ 182	Claim of high status of husband not sufficient for interim maintenance
15	Anil Jain vs Maya Jain	HMA 13	(2009)10 SCC 415	Wife retracts after filing MCD and taking valuables under MCD terms, husband approaches SC. SC allows divorce on MCD.
16	Anshu Gupta vs State (Nct Of Delhi)	DV		Judgment is passed only on affidavits. Parties have not been given the opportunity to cross-examine each others witnesses. So went back for trial.
17	Anu Kaul vs Rajeev Kaul	HMA 24	(2009) 13 SCC 209	Wife working no maintenance
18	Anuradha Alias Chanchal Kumari vs Santoshnath Khanna	HMA 12 1(a)	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
19	Anurag Anand vs Sunita Anand	HMA 12	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	CrPC 125		No Maintenance u/s Crpc 125 if wife deserts husband
21	Arnesh Kumar vs State Of Bihar & Anr	498A	(2014) 8 SCC 273	Police should justify their arrest and should not arrest without reason.
22	Arun Atmaram Patil & Ors vs Sandhya Arun Patil & Anr	IPC		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
23	Arun Kashinath Deshpande Vs. Inumati Ramchandra Deo	HMA 25	LAWS(BOM)- 2010-4-252	Wife was earning and she suppressed this so permanent alimony cancelled.
24	Arun Kumar Agarwal vs Radha Arun	PERJURY	2001 CriLJ 3561	Petition under CrPC 340 must be decided only at the end
25	Arvind Kumar Prasad vs Geeta Prasad	HMA 13 1(ia)		Wife filed 498A and made various scandalous allegations, Divorce on cruelty.
26	Asha Devi vs Pominder Kumar Chhabra	HMA 24		Judgement Against Husband = Maint to be paid till the till HMA petition not terminated.

27	Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant	CrPC 125	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.
28	B.P. Achala Anand Vs S.Appi Reddy & Anr	CPC	(2005) 3 SCC 313	Right to Residence after Divorce to be decided based on Divorce Terms
29	B.Prakash vs Deepa	CrPC 125		DV and 125 cant be filed on the same set of allegations and cause of action.
30	Bai Bhanbai Mavji vs Kanbi Karshan Devraj And Anr	HMA 11	AIR 1970 Guj 137, 1970 CriLJ 962, (1970) 0 GLR 581	Wife not eligible for Maint if it falls under HMA 11
31	Bhadrayu C Vachharajani VS Saurashtra University	CPC	GHJ-2014-35-385	If court has no Jurisdiciton, it cannot go into Meritts of case.
32	Bhagwan Dutt vs Kamla Devi	CrPC 125	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
33	Bhagwan Raoji Dale vs Sushma Alias Nanda Bhagwan Dale	CrPC 125	1999 (5) BomCR 851, I (1999) DMC 168	Deserting wife NOT entitled to maint us 125 CrPC. NOT entitled after divorce also.
34	Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr	HMA 11	1965 AIR 1564, 1965 SCR (2) 837	If the marriage is not a valid marriage, it is no marriage in the eye of law.
35	Bhausaheb Magar vs Leelabai Magar 2003	HMA 11, 12	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.
36	Bhausaheb Magar vs Leelabai Magar 2006	CPC	AIRBOMR200727 11 ,              ALLMR20073676 ,              LAWS(BOM)200 611179	Doctrine of res judicata
37	Bheekha Ram vs Goma Devi And Ors	CrPC 125	I (2000) DMC 76, 1999 WLC Raj UC 260	No maintenance for a deserting wife

38	Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur	CrPC 125	(2010) 15 SCC 372	House Loan EMI to be considered while granting interim maint.
39	Capt Dr Hamesh Kumar Vs Dr Nisha Sahi	CrPC 125	CURLJ-1993-2- 367, LAWS(P&H)- 1993-7-125	Wife Working, taking unnecessary adjournments, Quashed under CrPC 482
40	Chand Dhawan vs Jawaharlal Dhawan	HMA 25	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	498A		Guideline for 498A cases.
42	Chandra Shashi vs Anil Kumar Verma	PERJURY	1995 SCC (1) 421, JT 1994 (7) 459	No one should indulge in immoral acts like perjury, prevarication and motivated falsehoods : 2 weeks Jail
43	Chandrakala Alias Vandana vs Subhash Dhondiba Gaokhandkar	HMA 12 1 (c)	(1994) 96 BOMLR 726	Wife was suffering from leprosy since prior to marriage.This material fact concealed hence Annulment. Wife may seek Alimony.
44	Chaturbhuj vs Sita Bai	CrPC 125	(2008) 2 SCC 316	Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C.
45	Chhandupriya @ Priyanka vs Rahul Mahod	HMA 12 1 (c)		Wife has a lover from prior to marriage and marriage was not consummated.
46	Chiranjeev Kumar Arya vs State Of U.P. & Another	DV		1.  Revisional power of High Court under 482 CrPC held intact under the DV act. 2.  fraud avoids all judicial acts, ecclesiastical or temporal.
47	Commissioner Of Income-Tax vs Godavaridevi Saraf	CPC	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.
48	D.Velusamy vs D.Patchaiammal	CrPC 125	AIR(SC)-2011-0- 479, SCC-2010-10- 469,ALLSCR- 2010-0-2639	Relationship in the nature of marriage for DV Act
49	Dalip Singh vs State Of U.P. & Ors	CPC	(2010) 2 SCC 114	No Relief if Litigant lies OR supress material fact and came with Unclean Hands
50	Damanpreet Kaur vs Indermeet Juneja & Anr	DV	(2013) 1 JCC 306	Well educated earning wife, resigned on her own will, maint declined.
51	Deb Narayan Halder vs Anushree Halder	CrPC 125	(2003) 11 SCC 303	wife who leaves matrimonial home without any justification is not entitled to maintenance under Section 125.

52	Deepak @ Gajanan Ramrao Kanegaonkar vs Soniya Depak	DV		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.
53	Deoki Panjhiyara v. Shashi Bhushan Narayan Azad	DV	AIR(SC)- 2013-0- 346, (2013) 2 SCC 137	Judgement against Husband = Until Marriage is declared Null, Wife is wife.
54	Dimple Khanna vs Anita Advani	DV		1.  For DV Relationship in the nature of marriage is a must. 2.  Relatives who did not shared household cant be made respondents.
55	E. Shanthi vs Dr. H.K. Vasudev	HMA 24	AIR 2005 Kant 417, ILR 2005 KAR 4981	Wife was qualified and working before marriage. She is capable of earning, hence maint declined.
56	Foreshore Co-Op.Hng.Society Ltd vs Praveen D Desai	CPC		Discussion on Jurisdiction.
57	G. Padmini vs G. Sivananda Babu	HMA 13 1(ia)	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.
58	G. Ramanathan vs Revathy	CrPC 125	1989 Crl.LJ 2037 (1)	Wife cannot seek the same relief from JM court when matter is pending in Civil Court.
59	G. Shyamala Ranjini vs M.S. Tamizhnathan	CPC		Related to Audio CD as Evidence.
60	G.V.N. Kameswara Rao vs G. Jabilli	HMA 13 1(ia)	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.
61	Geeta Singh Deo vs State Of Rajasthan	DV		Well Educated (PG) Woman (Daughter) cant seek maint (for further high studies) unless DV has occurred.
62	Gian Chand vs Dilpreet Kaur	CrPC 125, HMA 24		Maintenance awarded in two sections to be offset
63	Gurbinder Singh vs Manjit Kaur	CrPC 125		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	DV		Limitation of DV is one year from cause of action.
65	Harminder Kaur vs Gurtar Singh	HMA 24		Maintenance pendente lite and expenses of proceedings not for those who have income sufficient for support and the necessary expenses
66	Harpreet Kaur VS Dilvinder Singh Bedi	DV		Husband lost job because of complaint, maintenance denied

67	Haunsabai vs Balkrishna Krishna Badigar	CrPC 125	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.
68	Havovi Kersi Sethna vs Kersi Gustad Sethna	HMA13		Details on how CD can be made admissible in court.
69	Hemlataben vs State	DV		Interim maintenance in DV is refused as Wife was working.
70	Hima Chugh vs Pritam Ashok Sadaphule	DV	(2013) DMC 649 (Del.)	Protection order could be obtained only against a person who was in domestic relationship with the person aggrieved
71	Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors	DV	(2016) 10 SCC 165	DV can be filed by any woman on any relative who subjected her to DV.
72	Hussain and Anr vs Union of India with Aasu vs State of Rajasthan	CrPC		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.
73	Inderjit Singh Grewal vs State Of Punjab & Anr	DV	AIR(SCW)-2011-0 6259, SCC-2011- 12-588	1 Year limit to DV
74	Indra Sarma vs V.K.V.Sarma	DV	(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.
75	Ines Miranda Vs Santosh K Swamy	HMA 24		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.
76	Iqbal Bano vs State Of U.P. And Anr	CrPC 125	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	CrPC 125		Wife lied related to her working status hence Perjury allowed.
78	Jaiprakash Madhukarrao Sahurkar vs Sarika	498A & DV		Judgement Against Husband = DV and 498A can be filed on same facts.
79	Jamboo Parasad Jain vs Smt. Malti Prabha And Anr.	HMA 15	AIR 1979 All 260	HMA 15 not apllicable in HMA 11 OR 12
80	Jangam Srinivasa Rao vs Jangam Rajeswari	CrPC 125	1990 CriLJ 2506	Maximum period for which Wife can claim maintenance under the procedure contemplated under S. 125(3) is one year.

81	Jayanti Deb Das vs Manas Kumar Das	HMA 13 1(ia)	AIR 2015 Tripura 25	The allegation of adultery made by the wife appellant and not proved is nothing but mental cruelty.
82	Jayesh Uttamrao Khairnar vs State of Maharashtra.pdf	DV	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.
83	Joginder Kumar vs State Of U.P	IPC	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.
84	Joginder vs State Nct Of Delhi & Anr	DV	2010 (119) DRJ 349	Interim Maintenance formula evolved by judge (2:1::husband:dependent)
85	Justyn Cyril vs Hannah Vasanthie	Divorce Act	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.
86	Jyoti Singh vs Yogendra Singh	HMA 13		Divorce by husband was transferred to Wife’s city but all cases were to be taken together.
87	K. Srinivas vs K. Sunita	HMA 13 1(ia)	(2014) 16 SCC 34	Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. Hence Divorce.
88	K.Srinivas Rao vs D.A. Deepa	HMA 13 1(ia)	(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
89	K.Subhadra Patra Vs Mosomat K Aadiya Amma & Ors	CPC		One can file counter affidavit by post.
90	K.V. Prakash Babu vs State Of Karnataka	498A		Adultery is not Cruelty for 498A
91	Kamini Sondhi vs Kapil Sondhi	HMA 13 1(ia)		Sexless marriage, Wife made false complaints to husband’s boss, hence Divorce on mental cruelty.
92	Kavita Prasad vs Ram Ashray Prasad	CrPC 125		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.
93	Kavita vs Harish Raisen	HMA 13 1(ia)	2006 (2) MPHT 515	Divorce on Cruelty as Wife had filed a criminal complaint.
94	Kiran Bala Asthana And Anr. vs Bhaire Prasad Srivastava	HMA 12 1 (c)	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	DV		DIR is a must before passing orders under Sec 12 of DV

96	Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And Anr	CrPC		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.
97	Koushik Vs Sangeeta Koushik Gharami	DV		No Maint in DV to wife or Children if DV not proved.
98	Krishnamurthy Nookula vs Savitha Y	DV		Enquiry is required where case is not ex-parte
99	Kumaresan vs Aswathi	HMA 24	(2002) 2 MLJ 760	Sufficiently Earning wife not eligible for HMA 24
100	Kunaldev Singh Rathore vs State Of M.P	498A		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.
101	Kusum Sharma vs Mahinder Kumar Sharma	HMA	2014 (214) DLT 493	Not Good for Husbands if wife is not working = Detailed Affidavit required for income and expenditure in matrimonial cases.
102	Lal Kamlendra Pratap Singh vs State Of U.P	IPC	(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.
103	Lalita Kumari vs Govt.Of U.P.& Ors	CrPC	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.
104	Laljee Yadav vs The State Of Bihar	CrPC 125	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
105	M vs M	HMA 13 1(ia)		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
106	M. Srinivasulu Vs State Of A.P.	498A	AIR 2007 SC 3146	SC Defines 498A , 304B & Dowry

107	Maganti Kanakadurga vs Maganti Venkateswarlu	HMA 12 1(a)	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.
108	Maharashtra Government VS Rajaram Digamber Padamwar	CPC	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.
109	Mahila Vinod Kumari vs State Of M.P	PERJURY	(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
110	Malathi Ravi vs B.V. Ravi	HMA 13 1(ia)	2014 7 SCC 640	Divorce on Cruelty as Wife had filed a criminal complaint. But with Huge Maint for Child
111	Mamta Jaiswal vs Rajesh Jaiswal	HMA 24	II (2000) DMC 170	Well qualified woman with past work experience cant sit idle and claim maint.
112	Mangesh Balkrushna Bhoir vs Sau. Leena Mangesh Bhoir	HMA 13 1(ia)		Divorce on Cruelty as Wife had filed a criminal complaint.
113	Manish Kapoor vs Charu Kapoor	DV		It explains Procedure to be followed in DV and 125
114	Manish Kumar vs Pratibha	HMA 24		No Maintenance u/s HMA 24 for working Women
115	Manisha Tyagi vs Deepak Kumar	HMA 13 1(ia)	I (2010) DMC 451 (SC)	Cruelty not proved, but both party were at fault hence judicial separation
116	Manju Kamal Mehra vs Kamal Pushkar Mehra	HMA 9		Wife not entitiled to maint as HMA 9 was in husband’s favour.
117	Manoj Kumar Saini vs CPIO	CPC		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,
118	Manoj Kumar Soni vs Deepti Soni	HMA 13 1(ia)		Divorce on Cruelty as wife makes many false allegations and also termed husband as impotent, ill treatement to husband’s parents.
119	Manoj Yadav vs Pushpa @ Kiran Yadav & Ors.	CrPC 125		Different Maxm Quantum of maintenance fixed by different States by way of State amendments held to be unconstitutional

120	Manokaran @ Ramamoorthy vs M. Devaki	HMA 24	AIR 2003 Mad 212, I (2003) DMC 799, (2003) 1 MLJ 752	Sufficiently Earning wife not eligible for HMA 24
121	Marimuthu vs Janaki	CrPC 125		Couple was living separately by mutual consent, hence maint denied.
122	Mayadevi vs Jagdish Prasad	HMA 13 1(ia)	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.
123	Meena Dinesh Parmar vs Dinesh Hastimal Parmar	CrPC 125	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
124	Meena Dinesh Parmar vs Dinesh Hastimal Parmar	CrPC 125	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.
125	Moina Khosla vs Amardeep Singh Khosla	HMA 12 1(a)	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	IPC	(2011) 1 SCC 284	Double jeopardy applies to punishment for same offence, not same facts
127	Monika Sharma vs Kuldeep Kumar Dogra	HMA 13 1(ia)		Serious And Unsubstantiated Allegations Of Adultery Amount To Cruelty Offering A Ground For Divorce
128	N G Dastane vs S Dastane	HMA 12 1 (c)	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.
129	Nachhattar Singh Alias Khanda vs State Of Punjab	IPC	2009(4) R.C.R. (Criminal) 409	False case was filed and Men Prosecuted. Later on found innocent so compensated by State for Damages.
130	Narendra vs K.Meena	HMA 13 1(ia)		unsubstantiated allegations of relations levelled by wife and the threats and attempt to commit suicide by her amounted to mental cruelty.

131	Narinder Pal Kaur Vs. Manjeet Singh	HAMA	AIR 2008 Delhi 7, 148 (2008) DLT 522, I (2008) DMC 529	Second wife entitiled for Maint. Under HAMA section 18
132	Natasha Singh vs CBI (State)	CrPC	(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
133	Naveen Kohli vs Neelu Kohli	HMA 13 1(ia)	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.
134	Neelam Abhijeet Kadam vs State of Maharashtra	CPC		Court has to accept pleadings in english and cant force it to be in vernacular language.
135	Neetu Mittal Vs. Kanta Mittal	CPC	2008 (106) DRJ 6223, 2008 (4) RCR (C) 630	Parents can kickout their Children. Definition of Shared Household and Matrimonial Home.
136	Niraj Trivedi vs State Of Bihar And Ors	498A	2008 (3) JCC 154	FIR to be registered at place of crime.
137	Nishant Hussain vs Seema Saddique & Anr	DV	2012 Law Suit (Raj) 1101	One completely isolated incidence is not DV
138	Nitin Ramesh Dhiwar vs Roopali Nitin Dhiwar	HMA 13 1(ia)		filing of a false criminal complaint itself amounts to cruelty within the meaning of section 13(i)
139	P.Kalyanasundaram vs K.Paquialatchamy	HMA 25	AIR 2004 Madras 43, (2003) 1 MLJ 669 (Division Bench)	Judgement Against Husband = Alimony can be granted even to an erring spouse
140	P.V. Gopalkrishnan vs Kanaksha Gopalkrishnan	HMA 12 1 (a), HMA 12 1 (c)	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	HMA 26	2000 (2) SCR 621	If wife is working, liability of Child to be taken care by both parents.
142	Pankaj Mahajan vs Dimple @ Kajal	HMA 13 1(ia)	(2011) 12 SCC 1	giving repeated threats to commit suicide amounts to cruelty.
143	Pranab Kumar Chakraborty vs Kumkum Chakraborty	HMA 13 1 (i)	(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.
144	Preeti Gupta & Anr vs State Of Jharkhand & Anr	498A	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.

145	Preeti Jain vs Kunal Jain &Anr	HMA		Privilege communication between husband and wife is admissible in family court proceedings.
146	Pritam Ashok Sadaphule and others VS State of Maharashtra and another	DV &498A		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.
147	Priyanka Srivastava Vs State of Uttar Pradesh	CrPC	(2015) 6 SCC 287	Preliminary inquiry may be made in 156(3), 156 (3) applications are to be supported by an affidavit
148	Putuli Das vs Dina Nath Talukdar	HMA 13 1(i)	AIR 2008 Gau 74	One should give all the facts and grounds in pleading. Giving it later weakens the case.
149	R.Logeswari vs K.Arul Jothi	HMA 12 1(c)		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.
150	Rachna Kathuria vs Ramesh Kathuria	DV	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
151	Raj Deo Sharma vs The State Of Bihar	CrPC	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
152	Raj Kumar Singh @ Raju @ Batya vs State Of Rajasthan	IPC	(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.
153	Rajan Parmar vs Mamta Parmar	DV		Wife more educated than husband, husband will give maint to wife for one year within which wife has to seek job.
154	Rajasi @ Swapna vs Shashank Dandge	HMA 12 1 (c), HMA 13 1(ia)		Annulment cum Divorce Allowed. Marriage consummated, suicidal traits in the wife so Divorce Allowed.
155	Rama Kanta Vs Mohinder Laxmidas Bhandula	HMA 12,13 1(ia)	AIR 1996 P H 98	Consent For Marriage Was Taken By Hiding Imp Facts, Wife was Cruel, so Annulment and Divorce was granted.
156	Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga	HMA	AIR 2005 SC 422	Judgement against Husband = Maint under HMA 25 is applicable in HMA 9 to 13 including 11, 12
157	Ramjas Foundation & Ors vs Union Of India & Ors	CPC	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	CPC		Fine for Delaying tactics by Lawyer
159	Ravindra Haribhau Karmarkar vs Shaila Ravindra Karmarkar	CrPC 125	1992 CriLJ 1845	Wife cannot claim same relief from JM and Civil Court simultaneously.
160	Rayala M. Bhuvaneswari vs Nagaphanender Rayala	HMA13	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.
161	Renu Mittal vs Anil Mittal & Ors	DV	2010 (7) R.C.R. (Cr.)	No parallel relief in 125 CrPC & DV for maintenence
162	Renuka vs Rajendra Hada	HMA 12 1(a)	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
163	Rita Markandey vs Surjit Singh Arora	CPC	(1996) 6 SCC 14	Filing false affidavits is criminal contempt of Court.
164	Rita Nijhawan vs Balakishan Nijhawan	HMA	AIR 1973 Delhi 200, 9 (1973) DLT 222	Detailed meaning of Sex, Consummation, Intercourse and Cruelty.
165	Ritu Raj Kant vs Anita	HMA 24	154 (2008) DLT 505	Maintenance on actual earnings
166	Rohtash Singh vs Ramendri And Ors	CrPC 125, HMA	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	HMA 24		Qualified working wife not entitled for maint under HMA 24
168	S.P Chengalvaraya Naidu vs Jagannath	CPC	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	DV	I (2007) SLT 1	Wife has no Right on Husband’s parent’s Property
170	S.Ramesh vs MS.Cethar Ltd	CPC		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.
171	Sadhana Satish Kolvankar vs Satish Sachidanand Kolvankar	HMA 12 13	2005 (2) BomCR 340, 2005 (1) MhLj 935	Wife refused coitus, broke Mangalsutra, filed 498A, Divorce on Cruelty, high Alimony

172	Sadhana Srivastava vs Sri Arvind Kumar Srivastava	HMA 13 1(ia)	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	HMA 13 1(ia)	(2007) 4 SCC 511	Enumerated illustrations of mental cruelty in detail wrt diff country laws.
174	Samaydin vs State of UP	CrPC 125	LAWS(ALL)- 2001-1-47	In normal circumstances the maintenance must be granted from the date of the order
175	Sangitaben Rasiklal Jaiswal vs Sanjaykumar Ratilal Jaiswal	HMA 24	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.
176	Sanjay Bhardwaj & Ors. vs The State & Anr.	DV	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
177	Sanjay Sudhakar Bhosale vs Khristina Sanjay Bhosale	CrPC 125	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	HMA 24		Interim maintenance increase illegal as no income proof produced
179	Sanjeev Kumar vs State Of U.P.	498A		Procedure for Arrest in Matrimonial Disputes.
180	Saritha Rao & Ors. vs Y.Raghunath Rao & Anr	CPC	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
181	Savita Sachin Sathone vs Sachin Matotrao Sathone	HMA 13 1(ia)		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
182	Savitri Devi vs Ramesh Chand And Ors	498A	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.

183	Sejal Dharmesh Ved VS State of Maharashtra	DV		DV cant be filed after 1 year of Separation.
184	Sejalben Tejasbhai Chovatiya vs State of Gujarat	CrPC 125		Wife declaring completely incorrect facts and also suppressing the material aspect was prosecuted for perjury
185	Shaik Riayazun Bee vs The State Of A.P.	498A		Relative of the husband for the purpose of Section 498A means related by blood, marriage or adoption.
186	Shailja vs Khobbanna	CrPC 125		Judgement against Husband = Whether the wife is capable of earning or whether she is actually earning are two different requirements.
187	Shakti Pershad vs Ratna Pershad	HMA 24	2003 IAD Delhi 697, 102 (2003) DLT 756, 2003 (66) DRJ 580, 2003 RLR 176	HMA moveable property can not be termed as Income
188	Shakuntala Kumari v. Om Prakash Ghai	HMA 13 1(ia)	AIR 1983 Delhi 53, 19 (1981) DLT 64	False complaint by the wife to the husband’s employer would amount to mental cruelty
189	Shamsher Singh Verma vs State Of Haryana	IPC	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	DV		Magistrate cannot order non bailable warrant for the failure to pay maintenance.
191	Shantabai vs Tarachand	HMA 12 1(a)	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
192	Sharad Kumar Pandey vs Mamta Pandey	DV		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	PERJURY		Wife was earning and she suppressed and gave wrong affidavit hence Perjury

194	Shaukin vs State Of U.P. And Others	498A		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
195	Shiv Kumar Yadav vs Santoshii Yadav	CrPC 125		Wife wants to reside separately without sufficient cause, hence Maint denied.
196	Shobha Rani vs Madhukar Reddi	HMA 13 1(ia)	1988 AIR 121, 1988 SCR (1)1010	Husbands parents demanded dowry which was crulety on wife thus wife got divorce on Cruelty.
197	Shriram Munjaji Raut vs The State Of Maharashtra	PERJURY		Rigorous imprisonment on Perjury for false evidence.
198	Subhash Chand vs State(Delhi Administration)	CrPC	(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.
199	Subhash Chandra Das Chowdhury vs Sandhya Das Chowdhury	HMA 13 1(ia)	(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.
200	Sudha Devi & Another vs State Of U.P. & Another	CrPC 125		Maint order to be paid from the date of order unless explicitly mentioned to pay from date of application.
201	Sudha Suhas Nandanvankar vs Suhas Ramrao Nandanvankar	HMA 12	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	HMA 24		Eleven points to consider for int maint.

203	Sukhdev Kaur vs Ravinder Singh Grewal	HMA 13 1(ia)	II (1997) DMC 69	Divorce on Cruelty.
204	Suman Kapur vs Sudhir Kapur	HMA 13 1(ia)	(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.
205	Suman Singh vs Sanjay Singh	HMA 13 1(ia)	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
206	Sumana Bhasin VS Neeraj Bhasin	DV		wrongdoers should not get benefit out of frivolous litigations. all interim orders stand cancelled and wife was fined for false litigation.
207	Sundar Babu & Ors vs State Of Tamil Nadu	498A	(2009) 14 SCC 244	SC Explains Conditions For The Quash Of An FIR.
208	Sunder Singh vs Manna Sunder Singh	HMA 24	AIR 1962 Punj 127	Wife alleged high income and property of husband but not proof was given by wife or husband.
209	Sunil Kumar Gupta Vs. Shalini Gupta	DV	2012(4) Crimes 199 (Uttar)	Right to Residence after Divorce to be decided based on Divorce Terms
210	Sunitha vs State Of Kerala	DV	2011 [1] KLT 210	Respondent in DV cant be arrested unles committed breach of a protection order
211	Sunny Paul & Anr. vs State Nct Of Delhi & Ors	Senior Citizen Act		Abusive son to be evicted from parents’ home.
212	Suo Motu Vs. Ushaben Kishorbhai Mistry	DV	DMC20161587 ,              LAWS(GJH)2015 1171	Detailed Discussion on Civil and Criminal Jurisdiction of DV. Application for DV quashing allowed by CrPC 482.
213	Surbhi Agrawal vs Sanjay Agrawal	HMA 13 1(ia)	AIR 2000 MP 139, I (2000) DMC 453	Divorce on Cruelty.
214	Sushila Devi vs Shri Joginder Kumar	HMA 24		Maint to be decided on Actual Earning of husband and not on his parent’s properties.
215	Swati Kaushik vs Ashwini Sharma	DV		Equally qualified spouse, Maint for one year only then wife to find job
216	Sweety Gupta Vs Neety Gupta & Ors	CPC		1.Serving Summon 2.On Whom Burden Of Proof Lies 3.Court May Presume Existence Of Certain Facts
217	Syed Nazim Husain vs Additional Principal Judge Family Court	PERJURY		Perjury application must be decided first before proceeding with the case
218	T K Surendran Vs P.Najima Bindu	CrPC 125	DMC2012249	Judgement Against Husband = CrPC 125 and HMA 25 is applicable for Voidable Marriage.

219	Umesh Kumar vs State Of A.P.And Anr	CrPC	(2013) 10 SCC 591	Illegally obtained evidence is admissible
220	Urmila Devi vs Narinder Singh	HMA 12	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.
221	V. Bhagat vs D. Bhagat	HMA 13 1 (i)	1994 AIR 710, 1994 SCC (1) 337	Irretrievable breakdown of the marriage
222	V.B.Kamalanathan vs K.Jayasree	CrPC 125		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.
223	Vanamala vs Shri H.M.Ranganatha Bhatta	CrPC 125	1995 SCC (5) 299, JT 1995 (5) 670	Mutual Divorced wife eligible for Maint.
224	Vandana J. Kasliwal vs Jitendra N. Kasliwal	HMA 12 1 (c)	AIR 2007 Bom 115, II (2007) DMC 227	Wife was suffering from schizophrenia. This material fact concealed hence Annulment. Wife may seek Alimony
225	Varinder Kaur vs Jitender Kumar And Anr	DV		Daughter in law has no right to live in the self-acquired property of Parent in-laws.
226	Varun Malik vs Payal Malik	DV	2011(1) Crimes (Del) 496	Family members of husband cannot be accused in DV case when they did not share household.
227	Vidhya Viswanathan vs. Kartik Balakrishnan		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.
228	Vijay Dhanuka Etc vs Najima Mamtaj Etc	CrPC	(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	HMA 24		Equally qualified and equally earning wife, no interim maint.
230	Vijay Verma v. State N.C.T. of Delhi & anr.	DV	2010(3) LRC 291(DEL)	Only violence committed by a person while living in the shared household can constitute domestic violence
231	Vijaya Baskar vs Suganya Devi	DV	MANU/TN/3477/ 2010	Magistrate should not blindly call all family members as accused.
232	Vikas Jain vs Deepali Jain	CrPC 125		No Maintenance u/s125Crpc for working Women
233	Vikas Kumar vs State of Bihar	498A		Condition of paying maintenance to wife for AB is not sustainable in law.

234	Vinita Devangan v. Rakesh Kumar Devangan	CrPC 125	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	HMA 13 1(ia)	(2006) 3 SCC 778	regarding legal proposition on aspect of cruelty
236	Vinny Parmar vs Paramvir Parmar	HMA 25	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.
237	Vishwanat vs Sarla Vishwanath Agrawal	HMA 13 1(ia)	AIR 2012 S.C. 2586	Divorce on Cruelty but with Huge Alimony
238	Yamunabai Anantrao Adhav A vs Ranantrao Shivram Adhav	CrPC 125	1988 AIR 644, 1988 SCR (2) 809	Personal Law to be considered while deciding CrPC 125

Some Important Abbreviation :-

Cr.PC- Code Of Criminal Procedure
CPC- Code of Civil Procedure
HMA- Hindu Marriage Act
DV- Domestic Violence