Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of summoning order - Accused husband filed divorce petition against wife in which he admitted that there is no consummation of marriage - Despite that wife gave a birth to a male child in her parental house as a result of adultery - Accused thus,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning within 7 years of marriage - However, prosecution failed to prove that deceased was subjected to cruelty or harassment soon before her death in connection with any demand of dowry - Even father of deceased did not have direct knowledge of demand of dowry - Accused rightly acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by wife - Cruelty - Allegation of demand of dowry - Husband not cross-examined wife on said aspect - Testimony of wife becomes unimpeachable and this by itself is a ground to dissolve marriage on ground of cruelty...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence under PWDV Act - Admittedly, respondent/daughter-in-law and son of petitioner/father-in-law after 10 days of marriage started living separately at place `C' and petitioner/father-in-law was living at place `M' with his family and they did not share common house hold - Even, Court below analysed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 316, 34 -- Bail - Dowry death - Contents of FIR reflect that immediately after marriage husband and mother-in-law of deceased started taunting deceased that her parents have not given motor-cycle, thus, demand of dowry if any, is against husband and mother-in-law and not against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife ill-treated him and failed to take care of him being a dutiful wife and also deserted him - Wife in her cross-examination admitted that she never took any step at her instance or at the instance of her family members - Even, wife admitted that husband did not..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegation against parents of husband - Unnatural death occurred within 7 years of marriage - Family members of deceased categorically stated that demand for dowry was raised by not only husband but also present accused - There are averments of family members of deceased that soon before death of..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Plea that FIR was lodged as a counter blast to filing of divorce petition - Filing of divorce petition or petition u/s 9 of Hindu Marriage Act cannot be taken into consideration to..........