Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife refused to cohabitate with husband and made false allegations of dowry demand without any proof whatsoever and left matrimonial home without any reason and refused to return after that - She thus, perpetrated mental cruelty upon husband - Divorce granted to husband...........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
Partition -- Beneficiary of S.6 of Hindu Succession Act cannot claim a benefit by way of partition as regard to joint Family properties without reference to properties already received by her at the time of marriage as dowry/gift or otherwise...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations of marpeet and mental harassment/torture by accused is on record for the reason that aggrieved wife could not bring enough dowry - Demand of dowry was also made when wife is at her parental house - When accused took her back to matrimonial home, she was..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 494, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Disputed questions of fact arising in case cannot be adjudicated upon in an application u/s 482 Cr.P.C - Application for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 109, 114, 506, 294A, Dowry Prohibition Act, 1961, Section 3, 5, 7 -- Quashing of FIR - Cruelty - Dowry demand - Complainant specifically alleged in complaint that six months after the marriage, accused started harassing and demanding dowry from her - Specific instances regarding..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 496, 498A -- Anticipatory bail - Misappropriate of stridhan - Mere non-recovery of certain disputed dowry articles cannot be a ground to decline concession of anticipatory bail to accused, more so when accused is not required for further investigation...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of money for construction of house falls within definition of "dowry"...........
