Tag Archives: DV to take away property !!

43 DV cases for this season ! 43 cases where husband and in laws won and / or maintenance was denied to wife !!

I have been posting 100s of Judgments / orders on 498a, DV, Sec 125 CrPC and many related areas (please see this blog and you will see most of these). Recently I have started categorizing them for easy reference and benefit of readers. Some ago I had posted a summary of bail orders and yet another on 498a cases quashed by courts.

Here is an attempt to collate DV cases, where the husbands / in laws won.

Since money is the main target of most fake matrimonial litigation, DV along with Sec 24, 25 HMA and similar sections of SMA etc are now becoming the chosen tools for women to extract max moolah. Husbands and families need to watch out and protect themselves
I hope this compendium helps
Cases are listed with a # against each just for a count in this blog. these were also shared on other social media. This # series does not have any specific order . I’m only hoping I’ll have a chance to add more victories to these

May I request readers to liberally share these and add fresh cases as comments 

 

DV Series # 43 : DV 15yrs aftr separation!! MM grants maint etc. Husband runs 2 HC; HC quashes whole tamasha ! married on 8.5.1990 ; son born on 24.2.1991 ; separate since 1992;  divorce case between couple dismissed by lower courts; wife files DV in 2007 !!;  magistrate provides maintenance, money in lieu of residence etc etc ; husband runs to HC;  HC thankfully quashes the case !!! http://wp.me/p7s7-1hm

DV Series#42 : NO MAINTENANCE to wife under Domestic Violence Act as she has sufficient income and concealed it !! Practicing Gynecologist stops declaring full income on income tax returns; harasses ex hubby in various courts / cases ; demands monthly maintenance even though she earns more than ex-husband !! Completely denined maintenance http://wp.me/p7s7-u0

DV Series#41 : Wife earning equal to husband denied maintenance in DV. Sessions & Delhi HC ALSO deny maintenance! Residence also denied as wife getting HRA from employment! http://wp.me/p7s7-2dO

 

DVSeries#40: Poor Taxi Driver’s wife tries to get his mother’s house using DV ! Looses case on appeal. Wife is ordered to live with driver in an alternate acco. Without going there she tries other stunts and looses again !! https://t.co/7sPcN3008x

 

DvSeries#39 : DV just 2 harass husband + inlaws & waste time of court. Wife never came to court !! DV dismissed. JM Chandigarh https://t.co/CD6H8E2ZCd

 

DVSeries#38: Initial Proceedings in DV act are CIVIL in nature. Magistrate not issue summons u/s 61 Cr.P.C. treating respondents as accused ! Magistrate to tread carefully http://wp.me/p7s7-1dM

 

DVSeries#37: DV cases can be quashed u/s 482 CrPC. Gujarat HC division bench judgement – Nov 2015 http://wp.me/p7s7-1T6

 

DVSeries#36: Well educated employed wife resigning on own NOT entitled 2 maintenance! Only Kid gets maintenancec. Delhi HC http://wp.me/p7s7-1Bv

 

DVSeries#35: Visiting in laws 5days is NOT dom relation so NO DV ! Only violence by person living n shared household is DV! Delhi Sessions court discharges all in laws http://wp.me/p7s7-21n

 

DVSeries#34: Wife files DV on 6 inlaws 9 yrs AFTER husband’s death! DV, Cruelty NOT proven, Looses case ! Delhi MM court http://wp.me/p7s7-20C

 

DVSeries#33:LOVE match 2 court! DV b4 marriage! 498a 307 323 AFTR marage. Sis in law runs 4 quash http://wp.me/p7s7-1PW

 

DvSeries#32: No maintenance to erring women ! DV case won by husband on strong arguments & facts. http://wp.me/p7s7-1MF

 

DVSeries#31: Beaten &evicted elderly M in law WINS DV. Sessions orders lower court 2 grant relief http://wp.me/p7s7-1PS

 

DVSeries#30: India becoming land of fake DV? Madras HC dismisses fake DV 2 settle property dispute http://wp.me/p7s7-1OV

 

DVSeries#29: Your Honour I doNOT know her, she’s NOT my wife How could I beat her or my brother mollest? what DV http://wp.me/p7s7-1Pl

 

DVSeries#28: NON disclosure of pre cognizance DV NOT dis entitle you from GOVT JOB ! Delhi HC http://wp.me/p7s7-1OL

 

DVSeries#27: Sister married 40yrs ago files DV on brothers 4 property !! MP HC decrees NO DV http://wp.me/p7s7-1Mt

 

DVSeries#26: Wife earning equal 2 hubby NOT get maint NOR residence under DV! Delhi Sessions Court http://wp.me/p7s7-1Mq

 

DVSeries#25: WIFE already making moolah in sec 125 CrPC cannot make MORE moolah using DV !! Del HC http://wp.me/p7s7-1p0

 

DVSeries#24: DV Act does not create any additional right to claim maintenance !! Del HC http://wp.me/p7s7-1q6

 

DVSeries#23: Raj HC : Wife who leaves 3yr old kid & goes away, files 498a DV Looses kid’s custody! http://wp.me/p7s7-1CG

 

DVSeries#22: IF paying maint in DV seek reducn of S 125 maintenance! MP HC http://wp.me/p7s7-1F9

 

DVSeries#21: Rare order (not the norm!) : NO arrest for NON payment of DV maintenance. Kerala HC http://wp.me/p7s7-1Fm

 

DVSeries#20: No DV cases on relatives (say inlaws) who are NOT in domestic relationship! Andhra HC http://wp.me/p7s7-1Ww

 

DVSeries#19: DV case on elders, relatives etc quashed. Only husband to fight ! Madras HC http://wp.me/p7s7-1IF

 

DvSeries#18: Max 1 month arrst 4 maint arrears. No DV maint enhance by session court. Karnat HC http://wp.me/p7s7-1Fn

 

DVSeries#17: Gulf based NRI earng 65K pm 2 pay ONLY 6K to wife: Kerala DV case with LOW LOW maint http://wp.me/p7s7-1Fj

 

DVSeries#16: Husband can sell his house when he wants!! DV can’t stop that. Kerala HC http://wp.me/p7s7-1Fl

 

DVSeries#15:IF Wife can’t prove DV, children ALSO NOT entitled maintenance under DV. Bombay HC http://wp.me/p7s7-1wz

 

DVSeries#14:Need Cent Govt permission 2 investigate offence outside India Good case 4 DV, Dowry NRI http://wp.me/p7s7-1zE

 

DVSeries#13: 24 HMA Intr. maint reduced bcaz wife already getting DV maintenance !! MP, HC http://wp.me/p7s7-1Bh

 

DVSeries#12: BOM HC : NO DV if couple not living 2gther not sharing h hold! NO DV 5yrs aftr dvorce! http://wp.me/p7s7-1yS

 

DVSeries#11:Wife Can’t return frm abroad &file DV 1yr aftr sepraton! Not in domst rel.ship: Bom HC http://wp.me/p7s7-1yG

 

DVSeries#10: Personal appearance NOT essential in DV case : Kerala HC : appear thru counsel http://wp.me/p7s7-1wI

 

DVSeries#09: Wife tries DV aftr mutual dvorc &delay! LOOSES @SC. SC supports 1yr timelimit for DV http://wp.me/p7s7-1×8

 

DVSeries#08: DV on inlaws 5yrs aftr huby death! Wife wants piece of house Dhingra ji send her back! http://wp.me/p7s7-1xu

 

DVSeries#07:SuprmCourt: If DV filed, police 2 make enqury frm family, neighbours,freinds, b4 case! http://wp.me/p7s7-1wJ

 

DVSeries#06: Wife’s 172 days delay in filing revision for DV case NOT accepted by Madras HC http://wp.me/p7s7-1×7

 

DVSeries#05: Womn caught lying in cross exam about DV & dowry looses case gets NO Money! Delhi MM http://wp.me/p7s7-1MV

 

DVSeries#04: Dghtr in law forcefully enter FIL’s house & tries DV residnce. Looses completely. http://wp.me/p7s7-1Nq

 

DVSeries#03: Live-in woman claims rape, DV, cheating, bigamy etc 9yrs later! P&H HC throws her out http://wp.me/p7s7-1Nt

 

DVSeries#02: Every failed marriage NOT DV! Fake DV case after 498a quashed by Del HC. http://wp.me/p7s7-1NG

 

DVSeries#01: Serial case filing wife’s DV quashed by Karnatk HC “nothing but abuse of process of Court” http://wp.me/p7s7-1Qj

 

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Your Honour I do NOT know her, she is NOT my wife. How could I beat her or my brother mollest? What DV?

* Woman files DV case, alleges cruelty, beating by husband and even molesting by bro in law at the instigation of husband! The accused man turns up at court and says he DOES NOT know her, she’s NOT his wife ! and his wife is dead long ago !! The woman is a stranger who is trying to take away his property
* The brother in law (other accused) etc turn up and say they are not living with the accused male. the accused claim this is a method to take away their property !!
* Finally the woman who complained DV, runs away during cross !!

This is the fate of law’s empowering women !! anyone can file DV cases on anyone… matter will go to court and all accused will have to run to court and spend money to exonerate themselves !! However NO strictures are made against such misuse

Now…Now… I’m NOT making up these things, these are from the Honourable court’s records

allegations
********************
“….Immediately, after her marriage, the respondent no.1 & 2 subjected her to mental as well as physical cruelty. She was tortured and harassed for bringing insufficient dowry. The respondent no.2 at the behest of respondent no.1 used to molest her in the presence of respondent no.1. She was thrown out of her matrimonial house and was compelled to stay first at Faridabad and thereafter at Delhi. On 15.06.2006 in the absence of respondent no.1, the respondent no.2 assaulted her and took her signature on some stamp papers. The respondent no.4 to 6 also joined the respondent no.2 and ousted her from matrimonial house after beating her mercilessly. ….”

counter
*********************
* complainant is complete stranger to him
* she has filed the present complaint at the instance of some unscrupulous person
* has filed the present complaint with an ulterior motive to grab his property
* further stated that he was married to one Smt. Angoori Devi, around 50 years ago
* later on, his wife Angoori Devi and both his daughters expired.
* He never remarried and has never seen the complainant. !!!

during cross
********************
* She was cross examined at length on 27.09.2011 and thereafter her further cross examination was deferred.
* Thereafter, she failed to appear in the witness box for her further cross examination despite availing sufficient opportunities for the said purpose.
* Consequently, CE was closed on 08.11.2012.

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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IN THE COURT OF MS. PRIYA MAHENDRA
METROPOLITAN MAGISTRATE MAHILA COURT: SOUTH DELHI
SAKET COURT COMPLEX : NEW DELHI.

CC No.418/1 of ( Date of filing:1.10­2009)

IN THE MATTER OF:

Mrs. Bhagwan Devi W/o Shri Ram Prakash Joshi,
R/o House No. B­183B,
Durga Vihar, Khanpur Devli,
New Delhi. …….Aggrieved person

Versus

1. Ram Prakash Joshi,
2. Om Prakash, Both sons of Sh. Roshan Lal,
3. Ajay,
4. Subhash,
5. Anil,
6. Chandra Kant All sons of Om Parkash,
All resident of VPO Jawar (via Mursan),
District Aligarh (UP). …..Respondents

JUDGMENT

1. The complainant has filed a petition u/s 12 of Protection of Woman from Domestic Violence Act 2005 (hereinafter referred to as ‘Act’) interalia seeking reliefs under Section 18, 19, 20 & 22 of the Act.

2. The brief facts as disclosed in the petition stated by the aggrieved person are that she was married to respondent no.1 in the month of June, 1980 at Village .

Jawar, Distt. Aligarh (U.P.). No issue was born out of wedlock. The respondent no.2 is her brother in law and respondent no. 3 to 6 are sons of her brother in law. Immediately, after her marriage, the respondent no.1 & 2 subjected her to mental as well as physical cruelty. She was tortured and harassed for bringing insufficient dowry. The respondent no.2 at the behest of respondent no.1 used to molest her in the presence of respondent no.1. She was thrown out of her matrimonial house and was compelled to stay first at Faridabad and thereafter at Delhi. On 15.06.2006 in the absence of respondent no.1, the respondent no.2 assaulted her and took her signature on some stamp papers. The respondent no.4 to 6 also joined the respondent no.2 and ousted her from matrimonial house after beating her mercilessly. Having no other option, she reached her sister’s house at Faridabad (Haryana). She has not been allowed to enter her matrimonial house. Her entire Istridahn and Jwellery articles have not been returned by the respondents. Thereafter, the complainant has set out the income and financial status of the respondent no.1.

3. The respondents filed the reply. In the reply, the respondent no.1 stated that the complainant is complete stranger to him and she has filed the present complaint at the instance of some unscrupulous person having enmity with him. The complainant has filed the present complaint with an ulterior motive to grab his property. He has further stated that he was married to one Smt. Angoori Devi, around 50 years ago and two children/daughters were born out of the wedlock. But later on, his wife Angoori Devi and both his daughters expired. He never remarried and has never seen the complainant. He never stayed or lived with the complainant in his entire life.

4. The respondent no.2 to 6 have stated in their reply that the respondents are residing separately from the respondent no.1 from last 50 years. The complainant is not known to the respondent no.1 and the present complaint is mischievous and motivated.

5. The complainant has filed the rejoinder to the reply filed by the respondent controverting the stand taken by the respondents and reaffirming the averment mentioned in the petition.

6. Thereafter, the complainant filed her evidence by way of affidavit which was duly tendered by her. In the said affidavit, she deposed on the same lines as in her petition. She was cross examined at length on 27.09.2011 and thereafter her further cross examination was deferred. Thereafter, she failed to appear in the witness box for her further cross examination despite availing sufficient opportunities for the said purpose. Consequently, CE was closed on 08.11.2012. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

7. The respondents opted not to examine any witness in their defence on account of failure of the complainant to complete her evidence and to produce any other witness.

8. It is vehemently argued by the counsel for the respondents that the falsity of the complainant is apparent from the fact that the complainant in a mid­way stopped appearing in the matter at the time of recording her evidence. The respondents have no relation with the complainant. The complainant has failed to prove her case and is not entitled to any relief.

9. Arguments heard and record carefully perused.

10.It is a well settled law that the evidence of any witness cannot be read unless it is tested on the anvil of cross examination. The complainant failed to appear in witness box after partial recording of her cross examination and her evidence, thus, remained inconclusive and incomplete. Therefore, the same cannot be read in support of her case. No other witness has been examined by the complainant to substantiate her case. The respondents have denied having any relationship with the complainant. Even, the factum of marriage between the complainant & respondent no.1 is in dispute. Her evidence also reveals that she has not filed any documentary evidence to prove her marriage with the respondent no.1. There are also inherent inconsistencies between her evidence and the cross examination. In her cross examination, she has admitted leaving her matrimonial house in 1980 itself after 5­6 months of marriage. She also stated that after leaving her matrimonial house she never visited her matrimonial house again. But in her evidence by way of affidavit, she has cited about the incident of 2006 when she was molested by the respondent no.1 and assaulted by the respondent no. 2 to 6 in the matrimonial house. The respondent was deprived of an opportunity to fully cross examine her on such vital points as she stopped appearing in the matter. Having considered the entire circumstances and material on record, I am of the considered view that the complainant has miserably failed to prove existence of domestic relationship between her and the respondent no.2 to 6 which is sine qua non for entitling her to any relief under the Act and consequently, is not entitled to any relief. The present petition is disposed off in the aforesaid terms.

11. File be consigned to record room.

Announced in open court On 21th January 2013.

(PRIYA MAHENDRA)
Metropolitan Magistrate:
Mahila Court­ South Delhi,
Saket Court Complex,
New Delhi

CC No:418/1 Smt. Bhagwan Devi vs. Ram Prakash & Ors.