Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - On ground of cruelty and desertion - Irretrievable breakdown of marriage - Family Court has no power to grant decree on ground of irretrievable breakdown of marriage - Family Court ought to have confined its decision on grounds mentioned in S.13 of the Act - Decree of divorce granted by Family Court on ground of..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Divorce petition - When a person undergoes a trial in which he is acquitted of allegations of offence u/s 498-A IPC levelled by wife against husband it amounts to cruelty on husband and he is entitled to decree of divorce...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Wife strangulated to death in the privacy of her house - Appellant and deceased were the only occupants of the house, where dead body was found - Onus shifts to appellant to offer a plausible explanation regarding the manner in which deceased died - Rather than offering a plausible explanation,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A -- Bail - Dowry death - Cruelty - Exorbitant demands - Claim for demand not supported by any material evidence - Deceased not coping with stress relating to the examinations and the results - Vivid description as to how deceased had a "loving, caring, hot and handsome husband" - Bail..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Suicide note recovered from body of deceased - There was no possibility of planting suicide note as no relative of deceased was present at the spot - Mere fact that hand writing of deceased was not corroborated did not lead to inference that suicide note was not genuine or untrustworthy...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Prosecution has not been able to prove that there was any harassment of deceased on account of any demand for property or any valuable security - None of witnesses have deposed with regard to any demand - Allegation that accused used to beat deceased not established - Further allegation in suicide note that..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused did not act by way of assistance, instigation or conspiracy in abetting deceased to commit suicide - Singular act of physically assaulting deceased - Same not an instance of continuing violence against deceased and it was not of such nature that deceased had no option but to commit suicide - Allegation..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased committed suicide within one year of her marriage by hanging from end of her saree - Dowry was given to accused at the time of marriage, but they demanded further dowry and subjected deceased to torture - Whenever, deceased came to her parental home, she narrated such incidents of torture to..........
