CPC, Cr.PC, Family Law Important Case Laws

CPC, Cr.PC, Family Law Important Case Laws

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

S.No. NAME Under EQU.
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.
A.R. Antulay vs R.S. Nayak & Anr
1988 AIR 1531,
1988 SCR Supl.
(1) 1
If a mistake is detected then Courts (even SC) can correct it later.
A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors
(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.
Abbayolla M. Subba Reddy vs Padmamma
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
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
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
Audio recording with Transcript admissible as evidence
10 Alika Khosla vs Thomas Mathew
And Anr 2001
CPC 2002 (62) DRJ
Right to Privacy is not Absolute.
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.
Amarawati And Anr. vs State Of U.P
2005 (1) AWC
416, 2005 CriLJ
755, (2005) 1
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 &
DV 2010 (119) DRJ
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
Wife working no maintenance
Anuradha Alias Chanchal Kumari vs Santoshnath Khanna
HMA 12 1(a)
ILR 1977 Delhi
739, 1978 RLR
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
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 &
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
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
HMA 13 1(ia) Wife filed 498A and made various scandalous allegations, Divorce on cruelty.
26 Asha Devi vs Pominder Kumar
HMA 24 Judgement Against Husband = Maint to be paid till the till HMA petition not
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.
Bai Bhanbai Mavji vs Kanbi Karshan Devraj And Anr
HMA 11
AIR 1970 Guj
137, 1970 CriLJ
962, (1970) 0 GLR
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
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.
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.
Bhausaheb Magar vs Leelabai Magar 2006
AIRBOMR200727 11
,              ALLMR20073676
,              LAWS(BOM)200
Doctrine of res judicata
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
House Loan EMI to be considered while granting interim maint.
Capt Dr Hamesh Kumar Vs Dr Nisha Sahi
CrPC 125
CURLJ-1993-2- 367, LAWS(P&H)-
Wife Working, taking unnecessary adjournments, Quashed under CrPC 482
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.
Chandra Shashi vs Anil Kumar Verma  
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
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
HMA 12 1 (c) Wife has a lover from prior to marriage and marriage was not consummated.
Chiranjeev Kumar Arya vs State Of
U.P. & Another
1.  Revisional power of High Court under 482 CrPC held intact under the DV act.
2.  fraud avoids all judicial acts, ecclesiastical or temporal.
Commissioner Of Income-Tax vs Godavaridevi Saraf  
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.
D.Velusamy vs D.Patchaiammal
CrPC 125
AIR(SC)-2011-0- 479, SCC-2010-10-
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
CrPC 125 (2003) 11 SCC
wife who leaves matrimonial home without any justification is not entitled to
maintenance under Section 125.
Deepak @ Gajanan Ramrao Kanegaonkar vs Soniya Depak  
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.
Deoki Panjhiyara v. Shashi Bhushan Narayan Azad  
AIR(SC)- 2013-0-
346, (2013) 2 SCC
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.
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.
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
Wife cannot seek the same relief from JM court when matter is pending in Civil
59 G. Shyamala Ranjini vs M.S.
CPC Related to Audio CD as Evidence.
G.V.N. Kameswara Rao vs G. Jabilli
HMA 13 1(ia)
2002 AIR SCW
162, (2002) 2 SCC
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
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
DV Husband lost job because of complaint, maintenance denied
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
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
DV (2013) DMC 649
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
DV can be filed by any woman on any relative who subjected her to DV.
Hussain and Anr vs Union of India with Aasu vs State of Rajasthan  
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.
Inderjit Singh Grewal vs State Of Punjab & Anr  
AIR(SCW)-2011-0 6259, SCC-2011-
1 Year limit to DV
Indra Sarma vs V.K.V.Sarma
(2013(4) K.L.T.
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.
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
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
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
HMA 13 1(ia) AIR 2015 Tripura
The allegation of adultery made by the wife appellant and not proved is nothing
but mental cruelty.
82 Jayesh Uttamrao Khairnar vs State of
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.
Joginder Kumar vs State Of U.P
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
Interim Maintenance formula evolved by judge (2:1::husband:dependent)
Justyn Cyril vs Hannah Vasanthie
Divorce Act
II (1994) DMC
545, (1994) IMLJ
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
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
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.
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
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
Kolla Veera Raghav Rao vs Gorantla Venkateswara Rao And Anr  
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
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
Kunaldev Singh Rathore vs State Of M.P
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
101 Kusum Sharma vs Mahinder Kumar
HMA 2014 (214) DLT
Not Good for Husbands if wife is not working = Detailed Affidavit required for
income and expenditure in matrimonial cases.
Lal Kamlendra Pratap Singh vs State Of U.P  
(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.
Lalita Kumari vs Govt.Of U.P.& Ors
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.
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
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.
Maharashtra Government VS Rajaram Digamber Padamwar
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.
Mahila Vinod Kumari vs State Of M.P  
(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
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
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
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.
Manoj Kumar Saini vs CPIO
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
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.
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
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
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.
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
HMA 13 1(ia) Serious And Unsubstantiated Allegations Of Adultery Amount To Cruelty
Offering A Ground For Divorce
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.
Narinder Pal Kaur Vs. Manjeet Singh
AIR 2008 Delhi 7,
148 (2008) DLT
522, I (2008)
DMC 529
Second wife entitiled for Maint. Under HAMA section 18
Natasha Singh vs CBI (State)
(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
CPC Court has to accept pleadings in english and cant force it to be in vernacular
Neetu Mittal Vs. Kanta Mittal
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
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)
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
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.
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.
Preeti Gupta & Anr vs State Of Jharkhand & Anr  
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
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
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
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.
Rachna Kathuria vs Ramesh Kathuria
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
Raj Deo Sharma vs The State Of Bihar
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
Raj Kumar Singh @ Raju @ Batya vs State Of Rajasthan  
(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
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
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.
Rameshchandra Rampratapji Daga vs Rameshwari Rameshchandra Daga  
AIR 2005 SC 422
Judgement against Husband = Maint under HMA 25 is applicable in HMA 9 to 13 including 11, 12
Ramjas Foundation & Ors vs Union Of India & Ors
2010(14) SCC 38
= 2010(15) SCR
364 = 2010(12) JT
134 = 2010(11)
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.
Rayala M. Bhuvaneswari vs Nagaphanender Rayala
AIR 2008 AP 98,
2008 (2) ALD
311, 2008 (1) ALT
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.
No parallel relief in 125 CrPC & DV for maintenence
Renuka vs Rajendra Hada
HMA 12 1(a)
AIR 2007 Raj 112,
RLW 2007 (3) Raj
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.
Rita Nijhawan vs Balakishan Nijhawan  
AIR 1973 Delhi
200, 9 (1973) DLT
Detailed meaning of Sex, Consummation, Intercourse and Cruelty.
165 Ritu Raj Kant vs Anita HMA 24 154 (2008) DLT
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
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.
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
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)-
In normal circumstances the maintenance must be granted from the date of the
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
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.
Saritha Rao & Ors. vs Y.Raghunath Rao & Anr
169 (2010) DLT
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
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
Savitri Devi vs Ramesh Chand And Ors
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
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
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.
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
Shakuntala Kumari v. Om Prakash Ghai  
HMA 13 1(ia)
AIR 1983 Delhi
53, 19 (1981) DLT
False complaint by the wife to the husband’s employer would amount to mental cruelty
Shamsher Singh Verma vs State Of Haryana  
2015 (12) Scale
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.
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
Sharad Kumar Pandey vs Mamta Pandey  
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
Shaukin vs State Of U.P. And Others
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
CrPC 125 Wife wants to reside separately without sufficient cause, hence Maint denied.
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
PERJURY Rigorous imprisonment on Perjury for false evidence.
Subhash Chand vs State(Delhi Administration)  
(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.
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.
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
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
498A (2009) 14 SCC
SC Explains Conditions For The Quash Of An FIR.
208 Sunder Singh vs Manna Sunder Singh HMA 24 AIR 1962 Punj
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.
Suo Motu Vs. Ushaben Kishorbhai Mistry
,              LAWS(GJH)2015 1171
Detailed Discussion on Civil and Criminal Jurisdiction of DV. Application for DV quashing allowed by CrPC 482.
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
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
219 Umesh Kumar vs State Of A.P.And
CrPC (2013) 10 SCC
Illegally obtained evidence is admissible
Urmila Devi vs Narinder Singh
HMA 12
AIR 2007 HP 19,
2006 (2) ShimLC
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
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.
Vanamala vs Shri H.M.Ranganatha Bhatta  
CrPC 125
1995 SCC (5) 299,
JT 1995 (5) 670
Mutual Divorced wife eligible for Maint.
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.
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
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
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/
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.
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
Vinny Parmar vs Paramvir Parmar
HMA 25
AIR 2011 SCC
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
HMA 13 1(ia) AIR 2012 S.C.
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

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