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Breaking the Chains: Delhi High Court Grants Divorce on Grounds of Cruelty and Desertion   

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Case Title: Poonam Wadhwa vs. Rajiv Wadhwa 

Date of Decision: September 6, 2023 

Case Number: MAT.APP.(F.C.) 197/2022 

Coram: Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna 

 

Introduction 

This case involves an appeal filed under Section 28 of the Hindu Marriage Act, 1955, challenging a previous judgment that dismissed the appellant’s petition for divorce based on grounds of cruelty and desertion. The appellant, Poonam Wadhwa, sought a divorce from her husband, Rajiv Wadhwa, citing various acts of cruelty and desertion. 

 

Factual Background 

Poonam Wadhwa and Rajiv Wadhwa were married on April 9, 1989, according to Hindu customs. However, they had no children during their marriage. After nearly seven years of living together, they separated on November 27, 1996. Poonam alleged that she had endured physical and mental cruelty from Rajiv and his family. 

 

Legal Issues 

The primary legal issues in this case revolve around whether the appellant’s claims of cruelty and desertion meet the criteria for divorce under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu Marriage Act, 1955. 

 

Contentions 

  • The appellant claimed that she suffered physical and mental cruelty, including physical abuse, demands for money, false allegations of illicit relationships, and threats of suicide by the respondent.  
  • The appellant also asserted that she had been deserted by the respondent for over two years prior to filing the petition for divorce. 

 

Observation and Analysis 

The court considered the evidence presented by both parties. While the appellant’s claims of physical cruelty lacked concrete proof, the court found that there was substantial evidence of mental cruelty due to the significant financial disparity between the parties, false allegations made by the respondent, and the long separation of over 27 years. The court relied on legal precedents in the cases of Shobha Rani v. Madhukar Reddi (1998), Naveen Kohli v. Neelu Kohli (2006), Samar Ghosh v. Jaya Ghosh (2007), Gurbux Singh v. Harminder Kaur (2010), Rakesh Raman v. Kavita (2023) and guidelines regarding mental cruelty in divorce cases, emphasizing that the continuation of a dead marriage could itself be a form of cruelty. 

 

Decision of the Court 

The High Court allowed the appeal and granted divorce to Poonam Wadhwa on the grounds of cruelty and desertion under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu Marriage Act, 1955. The court concluded that the extended separation, coupled with the evidence of mental cruelty, justified the dissolution of the marriage. 

 

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Written by – Ananya Chaudhary

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Navigating the Legal Maze of Divorce on the Ground of Mental Cruelty: An Analysis of Delhi High Court’s Recent Judgment  

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Case Title: Mamta v. Pradeep Kumar 

Date of Decision: September 5, 2023 

Case Number: MAT.APP.(F.C.) 12/2021 & CM APPL. 2746/2021 

Coram: Hon’ble Mr. Justice Suresh Kumar Kait, and Hon’ble Ms. Justice Neena Bansal Krishna 

 

Factual Background  

Mamta and Pradeep Kumar were married on April 30, 2006, and had a son together. Pradeep alleged that Mamta displayed aggressive, quarrelsome, and violent behavior towards him and his family. He claimed that she frequently left their matrimonial home without notice, leading to quarrels when questioned. On December 8, 2008, Mamta’s relatives visited their house and an altercation ensued, resulting in injuries to Pradeep. Subsequently, Pradeep filed complaints with the police, alleging theft of jewelry and valuables by Mamta’s family. Mamta, on the other hand, filed multiple complaints against Pradeep and his family members, withdrew some of them later, and initiated legal proceedings, including a domestic violence case and a petition under Section 125 of the CrPC. The Family Court allowed the divorce petition, finding that the appellant’s behavior amounted to cruelty over a sustained period. The appellant appealed this decision. 

 

Legal Issues  

The primary legal issue was whether Pradeep’s allegations of cruelty by Mamta justified granting him a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Additionally, the court considered Mamta’s counter-allegations and her claims that Pradeep was responsible for the alleged cruelty. 

 

Contentions  

Mamta contended that she was subjected to cruelty, including harassment for dowry, and had made efforts to settle the disputes. She argued that the divorce decree should be set aside. Pradeep asserted that he was a victim of both physical and mental cruelty by Mamta and her family, citing various incidents and complaints as evidence of her cruelty. 

 

Observation and Analysis  

The judgment referenced the guidelines laid down by the Supreme Court in the Samar Ghosh case for determining mental cruelty, emphasizing that mental cruelty is a state of mind and can include sustained reprehensible conduct, false allegations, and physical or mental harm. 

 

The court observed that while individual incidents of discord may seem innocuous, prolonged and sustained differences between the parties over an extended period could constitute mental cruelty. It noted that both parties had been living separately for nearly 15 years, and the marriage had broken down irretrievably. The court also considered Mamta’s filing of multiple complaints without sufficient justification as a form of cruelty. The High Court applied the legal principles established by the Supreme Court regarding cruelty in matrimonial cases. It observed that the continuous separation between the parties, coupled with false allegations and legal disputes, had caused mental cruelty. 

 

Decision of the Court 

The High Court dismissed the appellant’s appeal, affirming the Family Court’s decision to grant the divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court emphasized the irretrievable breakdown of the marriage and the long period of separation between the parties as significant factors in its decision. It concluded that the parties’ long separation, coupled with false allegations, police involvement, and criminal trials, had become a source of mental cruelty. The court deemed it unwise to continue the marriage and considered any insistence on maintaining it as further cruelty to both parties. 

 

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Written by – Ananya Chaudhary 

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Limitation Labyrinth: Delhi High Court Settles the Clock on Written Statements Beyond 120 Days 

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Case Title: Col Ashish Khanna SM Retd. v. Delhi Gymkhana Club and Ors. 

Date of Decision: September 5, 2023 

Case Number: CS(OS) 171/2022 

Coram: Hon’ble Mr. Justice Manoj Kumar Ohri 

 

Factual Background 

The suit was initiated by the plaintiff, who claimed to be a former secretary of defendant No. 1 (Delhi Gymkhana Club). The plaintiff filed this suit, seeking multiple remedies. The suit was first listed on March 25, 2022, when summons was issued to the defendants. On this date, defendant No. 1 was represented by counsel who accepted the summons and requested leave to file a written statement. Subsequently, the suit was scheduled before the Joint Registrar for the completion of pleadings, admission/denial of documents, and marking of exhibits on May 4, 2022.  

   

However, on several subsequent hearings, defendant No. 1 failed to appear, and the plaintiff filed an application under Order VIII Rules 1 and 10 CPC, stating that the statutory time period for filing a written statement had elapsed. Despite opposition from defendant No. 1, the court passed an order on September 1, 2022, closing the right of defendant No. 1 to file a written statement.  

 

Legal Issues 

The primary legal issue in this case revolved around whether the court had the authority to extend the time for filing a written statement beyond the statutory limit of 120 days, as per Rule 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018. Additionally, the court had to determine whether Rule 4 was mandatory or directory in nature. 

 

Contentions 

  • Defendant No. 1 argued that the order closing their right to file a written statement was incorrect and that the defects in the written statement and the application for condonation of delay had been rectified.  
  • Plaintiff’s counsel contended that Rule 4 of Chapter VII was mandatory, and the court’s power to condone delay beyond the statutory limit was limited to 120 days. 

 

Observation and Analysis 

The court analyzed the relevant rules and previous decisions on this matter. It considered the distinction between Rules 4 and 5 of Chapter VII of the DHC Rules and whether the expression “but not thereafter” in Rule 4 made it mandatory. The court also examined the precedents set by earlier judgments, such as Gautam Gambhir & Ors. v. Jai Ambey Traders & Ors. (2020), Harjyot Singh v. Mrs. Manpreet Singh (2021), Ram Swarup Lugani & Anr. v. Nirmal Lugani & Ors. (2020), and Charu Agrawal v. Alok Kalia & Ors. (2023). 

 

Decision and Conclusion 

The court held that the decision in Charu had definitively resolved the debate on the court’s ability to condone delay in filing a written statement beyond 120 days in non-commercial suits. Rule 4 was found to be mandatory, and the court’s power to condone delay was limited to 120 days. Consequently, the chamber appeal was dismissed, and the application for condonation of delay was also rejected. 

 

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Written by – Ananya Chaudhary 

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Delhi High Court’s Ruling on Framing Charges in Assault Case

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Case Title: The State Govt of NCT of Delhi v. Babita & Ors 

Date of Decision: 04.09.2023 

Case Number: CRL.REV.P. 267/2018 & CRL.M.A. 5655/2018 

Coram: Hon’ble Ms. Justice Swarana Kanta Sharma 

 

Factual Background 

  • An FIR was registered on June 30, 2015, in Delhi, based on the statement of the complainant Akash.  
  • The complainant alleged that he had been confronted and assaulted by several individuals, including Anil, Johnny, Sanjay, Vikas, and Ankush.  
  • The accused individuals allegedly forcefully apprehended the complainant, physically assaulted him, and transported him to a different location.  
  • During the altercation, the female relatives of the accused arrived at the scene and allegedly instigated and physically assaulted the complainant.  
  • Charges were filed against multiple accused individuals under various sections of the Indian Penal Code (IPC) and the Arms Act.  
  • The trial court framed charges against some accused while discharging others, including Babita, Bala, Rekha, and Kavita, stating that there was no evidence of their involvement in the alleged incident.  
  • The State Government filed a Criminal Revision Petition seeking to set aside the trial court’s order of discharge. 

 

Legal Issues 

The main legal issue in this case was whether the Trial Court’s order to discharge the accused/respondents was justified at the stage of framing of charges under Sections 228 and 227 of the Criminal Procedure Code (CrPC). 

 

Contentions 

  • The petitioner (State Government) argued that the Trial Court failed to consider crucial evidence, including the contents of the FIR, statements of the complainant, and statements of independent witnesses, which indicated the involvement of the discharged accused.  
  • The respondents, who represented themselves, contended that the Trial Court’s order was valid as there was no evidence of their involvement, and the case was falsely filed against them to pressure them not to testify in another murder case. 

 

Observation and Analysis 

The judgment emphasized the principles governing the framing of charges, as established by various Supreme Court decisions. It highlighted that at the stage of framing charges, the Court’s role is not to assess the evidence’s truthfulness or sufficiency but to determine whether a prima facie case exists based on the material on record. The Court should not conduct a mini trial but should consider whether there are sufficient grounds to proceed against the accused. The judgment also stressed the gender-neutral nature of the legal system and cautioned against making presumptions based on gender. 

 

Legal Principles on Framing of Charge 

  • Sections 227 and 228 of the Criminal Procedure Code (Cr.P.C.) govern the framing of charges and discharge.  
  • At the stage of framing charges, the court assesses whether a prima facie case exists against the accused, not whether the case is proven beyond reasonable doubt.  
  • The court should not interfere with the charges framed unless there are strong reasons to do so in the interest of justice or to avoid abuse of the process of the court.  
  • The court’s assessment should be based on the materials on record, and the truthfulness, sufficiency, and acceptability of the evidence are determined at the trial stage. 

 

Decision  

The High Court set aside the Trial Court’s order to the extent that it discharged the accused/respondents and remanded the matter back to the Trial Court. The Trial Court was instructed to pass a fresh order on framing of charges after hearing both parties and in accordance with the law. The judgment also directed the distribution of the judgment to relevant judicial authorities for awareness and adherence to its contents. 

 

Conclusion 

One critical aspect of the judgment is the court’s critique of gender-based presumptions. It strongly asserts that the legal system must adhere to principles of gender neutrality and avoid making assumptions about an individual’s actions based on their gender. The court expresses concern over the trial court’s differentiation between male and female accused without valid grounds, stating that such an approach goes against the principles of justice and equality. 

 

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Written by – Ananya Chaudhary 

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Delhi High Court Resolves Arbitration Appointment Dilemma in Favor of Tata Capital

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Case Title: Tata Capital Financial Services Ltd. v. MS Shree International & Ors. 

Date of Decision: 04.09.2023 

Case Number: ARB.P. 969/2022 

Coram: Hon’ble Mr. Justice Yogesh Khanna 

 

Introduction 

 

The case revolves around the financial relationship between the Petitioner, a non-banking finance company, and the Respondent partnership firm. The Respondent partnership firm had availed loan credit facilities from the Petitioner for various years, with the individual partners serving as guarantors for the repayment of these loans. However, the Respondents defaulted on their repayments, leading to a dispute. 

 

Tata Capital Financial Services Ltd. (the petitioner), a non-banking finance company, filed a petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a sole arbitrator. The arbitration was sought in accordance with Clause 12 of a loan cum guarantee agreement dated 10.08.2020, entered into between the petitioner and respondent no. 1 (MS Shree International), with respondent nos. 2 and 3 being the partners of respondent no. 1. 

 

Facts 

  •  The petitioner is a non-banking finance company, and the respondent no. 1 is a partnership firm.  
  •  The respondent no. 1 availed various loan credit facilities from the petitioner over the years for its dealership business, executing separate Channel Finance Agreements each time.  
  •  Respondent no. 2 and Late Mr. Laxmikant Chaudhary stood as personal guarantors for the loan facility in their individual capacity.  
  • The loan facility was renewed multiple times between 2015 and 2020.  
  • Defaults in repayment of the loan facilities led the petitioner to issue a recall notice on 23.06.2022, invoking arbitration for the recovery of the defaulted amount. 

 

Issues 

The primary issues addressed in this case were:  

  1. The petitioner’s request for the appointment of a sole arbitrator under Clause 12 of the loan cum guarantee agreement. 
  2. The objection raised by the respondents regarding the validity of the notice issued by the petitioner under Section 21 of the Arbitration and Conciliation Act.

 

Observation and Analysis 

The primary issue addressed in this judgment is the validity of the appointment procedure for the sole arbitrator, as stipulated in the loan cum guarantee agreement. The Petitioner’s right to nominate or appoint the arbitrator was rendered invalid by a previous Supreme Court judgment, Perkins Eastman Architects DPC & Anr. versus HSCC (India) Ltd. The Supreme Court ruling stated that a party with an interest in the arbitration outcome cannot have the power to appoint a sole arbitrator. Consequently, the Petitioner was compelled to file this petition seeking the court’s intervention for the appointment of an arbitrator. 

 

One of the Respondents’ objections was regarding the notice issued by the Petitioner under Section 21 of the Arbitration and Conciliation Act, alleging that it was not proper and did not fulfill the requirements. The court, however, rejected this objection, stating that the notice was duly received by the Respondents and that the relevant Channel Agreement in force was the one dated 10.08.2020. 

 

The judgment emphasizes that the purpose of Section 21 is to determine the date of the arbitration’s commencement, and it cited State of Goa vs. Praveen Enterprises (2012) and Badri Singh Vinimay Private Limited vs. MMTC Limited 2020 to support its conclusion that the notice met the legal requirements. 

 

Decision of the Court 

The court ruled as follows:  

   

  •  The petitioner’s request for the appointment of an arbitrator was granted, and Ms. Ina Malhotra was appointed as the arbitrator to adjudicate the disputes between the parties.  

 

  •  The objections raised by the respondents regarding the validity of the Section 21 notice were dismissed. The court held that since the notice was received by the respondents and the last Channel Agreement from 2020 was in operation, there were no valid grounds to challenge the petitioner’s petition for arbitration. 

 

The petition for the appointment of a sole arbitrator was granted based on the validity of the notice and the operative agreement. 

 

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Written by – Ananya Chaudhary 

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