Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Irretrievable breakdown of marriage - Decree of divorce granted on the ground of irretrievable breakdown of marriage by Family Court is erroneous, when both the grounds of cruelty and desertion for seeking divorce had not been proved by husband - Family Court could not have granted divorce except on grounds mentioned..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Allegation against brother-in-law - No specific allegation with regard to demand of dowry or harassment in pursuance of said demand against accused - Accused is elder brother of husband of deceased - Husband, father-in-law and mother-in-law of deceased have already died - Alleged letter demanding dowry was written..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband's licentious disposition disregarding autonomy of wife is a marital rape - However, such conduct cannot be penalized, but it falls in the frame of physical and mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife never felt any security or affection or care from side of husband - Said fact coupled with fact of constant harassment demanding money, has caused mental pain, agony and sufferings to her - Act and conduct on side of husband constituted mental cruelty - Divorce rightly granted...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Independent witness corroborated the prosecution case that deceased was subjected to torture by accused on demand of money - De facto complainant also corroborated the prosecution story in his evidence - Incident of torture was also corroborated by local disinterested witnesses - There is direct..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that brother of wife caused injuries to husband - However, said allegation is subject matter of criminal case - Family Court committed error in attributing cruelty on the part of wife on the basis of alleged injuries suffered by husband purportedly caused by wife's brother -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife made serious untrue allegations against husband which shows that love, affection and trust on basis of which a matrimonial relationship builds and survives has reduced to point of naught - Parties have been living separately since 2010 - Feelings of animosity and acrimony..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife - Wife has given evidence regarding cruelty and ill-treatment caused by husband - However, husband is absent and has not contested the case before Family Court and has not questioned factual matrix stated by wife and evidences adduced before Family Court - Evidence of wife remained unchallenged -..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty upon husband - Husband specifically deposed that right from first date of marriage there has been a sustained course of strange, indifferent and abnormal behavior, humiliating treatment and reprehensible conduct on part of wife and on account of this, he was convinced that it was impossible for him to continue with..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `soon before' appearing in S.304-B IPC cannot be construed to mean `immediately before' - Prosecution must establish existence of "proximate and live link" between dowry death and cruelty or harassment for dowry demand by husband or his relatives...........
