Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406, 498A,506 -- Jurisdiction - Offence u/ss 406, 498-A, 506 IPC - Marriage solemnized at place `J' and entrustment also took place at the same place - Thus the cause of action arose at place `J' - Held, Court at place `J' has got jurisdiction...........
Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Promise to carry her cannot be equated with a promise to marry her...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Willful denial of sexual intercourse constitutes mental cruelty...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Appellant cannot claim restitution of marital ties as he himself is guilty of causing cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Not capable of precise definition - Cruelty in one case may not be cruelty in another case - Parameter to judge cruelty as developed through judicial pronouncements is that when the conduct complained of is such that it is impossible for the parties to stay with each other without mental agony, torture and stress -..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Willful denial of sexual intercourse without reasonable cause - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Refusal to participate in the customary ceremonies after marriage - Refusal in the presence of family members - Amounts to an act of cruelty on the part of wife...........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by husband on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Cruelty and desertion by wife not proved - There used to be some quarrels between parties which usually occur in family - Four children born out of the wedlock - Shows good relationship of parties -..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Indian Penal Code, 1860, Section 498A, 304B -- Order of acquittal - Sustainability - Sessions Judge gave a categorical finding that death of woman had not occurred within seven years of her marriage - This finding is based on evidence lead by defence - Held, finding does not suffer from any illegality or there is wrong appreciation of evidence - It was duty of prosecution..........
