Supreme Court of India
Inderjit Singh Grewal v. State of Punjab & Anr.
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4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, we are of the considered opinion that permitting the Magistrate to proceed further with the complaint under the provisions of the Act 2005 is not compatible and in consonance with the decree of divorce which D still subsists and thus, the process amounts to abuse of the process of the court.
Judgment, page 20
From the headnote
Code of Criminal Procedure, 1973 - s. 482 - Parties obtained decree of divorce by mutual consent - Complaint filed by wife before the police under the Protection of Women c from Domestic Violence Act, 2005 that the divorce decree was sham - Subsequently, criminal complaint also filed under the 2005 Act before another district - Meanwhile husband filed an application u/s. 482 Cr. P. . for quashing the complaint - Subsequently, wife filed a civil suit for declaration 0 that decree for divorce was null and void as it was obtained by fraud - During pendency, application by wife for grant of
Authorities it was built on
- 2010 Meghmala & Ors. v. G. Narasimha Reddy & Ors.
- 1997 Tayabhai M. Bagasarwalla and Anr. v. Hind Rubber Industries (p.) Ltd. Etc.
- 2005 Savitaben Somabhai Bhatiya v. State of Gujarat and Ors.
- 2006 M. Meenakshi and Ors. v. Metadin Agarwal(d) by Lrs. and Ors.
- 2011 Hitesh Bhatnagar v. Deepa Bhatnagar
- 2007 Japani Sahoo v. Chandra Sekhar Mohanty
- 2010 D. Velusamy v. D. Patchaiammal
- 1995 State of Kerala v. M.K. Kunhikannan Nambiar Manjeri Manikoth, Naduvil (dead) and Ors.
- 2007 Jagraj Singh v. Birpal Kaur
- 2004 Sultan Sadiq v. Sanjay Raj Subba and Ors.
- 2009 Sneh Gupta v. Devi Sarup & Ors.
Where later benches applied it
- 2012 Bhartiya Seva Samaj Trust Tr. Pres. & Anr. v. Yogeshbhai Ambalal Patel & Anr.
- 2025 Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
- 2015 Krishna Bhatacharjee v. Sarathi Choudhury and Anr.
- 2022 Kamatchi v. Lakshmi Narayanan
Of those, 1 relied on · 1 distinguished · 2 referred to
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