Showing : 1481-1490 of 4434 Results

DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B-- Dowry death - Presumption - Deceased died unnatural death by consuming some medicine within 1-1/2 years of her marriage - Cause of death has been established as the presence of Aluminium Phosphide but it is unclear whether this was a result of accused or his relatives administering some medicine..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Evidence though suggests separation but does not suggest animus i.e intention of desertion on the part of wife - Mere separation does not amount to desertion - Evidence of wife appears to be more cogent and reliable then husband as she lead more convincing evidence of her..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Unmarried major daughter - Father of petitioner deserted petitioner and her mother by contracting other marriage - He neglected and refused to maintain petitioner though capable of maintaining her - Petitioner though major but she is helpless woman and being incapable of maintaining..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Merely because wife did not choose to file petition for restitution of conjugal right, she cannot be held guilty of desertion - As petition u/s 9 of Hindu Marriage Act is not a precursor to any proceedings or defence available to parties under the Act - It is a right..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13-- Divorce - Cruelty - Wife suffering from HIV virus and she levelled false allegation that infection was transmitted to her by her husband - Attempt of wife to conceal her ailment from husband - From the very beginning of marriage behaviour of wife towards husband and his family members had been..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 28(4), Family Courts Act, 1984, Section 19(1), 19(3)-- Appeal - Period of limitation - Stipulations in Hindu Marriage Act deal with substantive right of parties and substantive right of appeal whereas stipulations in Family Courts Act deal with procedural matters - Substantive provision must get precedence over a procedural provision - Period of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 28, Family Courts Act, 1984, Section 19, 20-- Appeal - limitation - Non-obstante clauses u/ss 19 & 22 of Family Courts Act cannot override the applicability of period of limitation prescribed for an appeal u/s 28 of Hindu Marriage Act as no, obstante clause cannot be read mechanically - Vague and general no, obstante clauses cannot operate to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304B, 498A, 201-- Dowry death - Deceased died within 4 months of marriage - Evidence on record shows that there had been demands of dowry - Cruelty and harassment soon before her death against deceased also proved - Ingredients of S.304-B established - Husband and father-i, law convicted - Conviction of brother and..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 26-- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(i)-- Divorce - Adultery - It is a serious charge and has to be proved beyond reasonable doubt - But at the same time it is difficult to procure direct evidence for proving such a charge - It is only from the circumstances that an inference can be drawn that spouse against whom complaint has been made..........

Showing : 1481-1490 of 4434 Results