Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Marriage admitted - Contention that wife had performed second marriage and she without sufficient reason is living separately from her husband - Held, it is a matter of evidence which has to be adjudged by leading evidence - Learned Magistrate has rightly granted interim maintenance of Rs.450/- p.m. -..........
Criminal Procedure Code, 1973, Section 125 -- Interim Maintenance - Marriage admitted - Contention that wife had performed second marriage and she without sufficient reason is living separately from her husband - Held, it is a matter of evidence which has to be adjudged by leading evidence - Learned Magistrate has rightly granted interim maintenance of Rs.450/- p.m. -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Court while dismissing divorce petition can grant permanent alimony...........
Hindu Marriage Act, 1955, Section 13(1) -- Desertion - Refusal to discharge fundamental obligations of matrimony without good cause definitely constitutes intention to desert...........
Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Wife wrote letters to superior of husband depicting him as adulterer and womanizer - Also requested him to refrain from promotion and transferring him from place to place - Held, such allegations are sufficient to satisfy elements of mental cruelty on part of wife...........
Hindu Marriage Act, 1955, Section 24 -..........
Hindu Marriage Act, 1955, Section 12(2)(a)(i) -- Voidable marriage - Fraud - Limitation - Alleged fraud came to notice of husband on very next day of marriage - Application filed for annulment of marriage after more than one year of discovery of fraud - Held, application not maintainable as barred by time limit prescribed u/s 12(2) of the Act...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Held, a legal presumption is available u/s 113-B Evidence Act which is relatable to S.304-B IPC - A heavy burden lies on accused to prove his innocence - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition filed by husband - Applicant not appearing before trial Court - Evidence of husband stands recorded and only the evidence of wife is to be recorded - Averment regarding paucity of funds also not made out - No case made out for transfer of case at the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground for divorce even though parties are living separately for last more than twenty years - Fact that wife expressed time and again her desire to go back to matrimonial home and not to suffer title of divorced women is enough not to infer irretrievable breakdown of marriage...........