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SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Wife met a homicidal death in her own house mid night when accused was alone with her - Defence of accused that intruders came to their house to abduct him disbelieved - Prosecution established prima facie case and onus shifted to accused -..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Circumstantial evidence - Recovery of pistol - Pistol was recovered at the instance of accused from under the earth in courtyard - Since independent witness went hostile, recovery disbelieved by High Court - However, PW2 did not deny his signature on recovery memo nor did he..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Fire arm injury - Circumstantial evidence - Accused initially stated in FIR that three intruders entered his house in order to abduct him and they shot dead his wife - However, he has not mentioned any reason or named any on suspicion of enmity or otherwise why intruders wished..........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Family Court can examine factual foundation of criminal action instituted by wife and examine it for limited purpose whether allegations on face of it, appears to be fake or concocted so that aspect of `cruelty' can be decided...........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband initially filed petition u/s 9 of the Act which was permitted to be withdrawn when wife set in motion criminal action - Allegations of cruelty are subsequent to filing of petition u/s 9 of the Act by husband - Contention of wife that application filed u/s 9 of the Act itself..........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of false criminal cases by wife - Wife lodged complaints which became foundation of criminal cases after started living separately from her husband - Court below raised serious doubt regarding genuineness of complaint lodged by wife - No amount of pleading or argument were advanced by..........

DELHI HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband alleges that he is unemployed - However, it is unacceptable that husband who is 26 years old and holding a degree in BBA continues to remain unemployed - Affidavit of assets, income and expenditure filed by husband is found to be extremely ambiguous - Except for writing "NA" in most of columns..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence - Death by throttling - Accused pleaded that deceased committed suicide - However, medical evidence shows the reference to nail clippings containing blood on the body of deceased - Several injuries were found on the body of deceased - Even, there were injuries on accused on the neck and..........

JHARKHAND HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Family Court has no power to decree suit on the ground of irretrievable breakdown of marriage as it is a ground unrecognized in law - Decree to that extent unsustainable - However, since there are no emotional ties left between parties, as admittedly they are living in separation since..........

JHARKHAND HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is working as a driver - Whereas, wife is a lady without any independent source of income and only maintenance @ Rs.2000 p.m awarded, which would not be sufficient to take care of her needs - Scale of minimum wages entitled to skilled workmen that husband would be earning in range of Rs.15,000 to 25,000..........

Showing : 791-800 of 4269 Results