Indian Penal Code, 1860, Section 498A -- Complaint u/s 498-A IPC at the instance of second wife is not maintainable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Indian Penal Code, 1860, Section 498A -- Cruelty - One instance unless portentous, in the absence of any material evidence of interference and involvement in marital life of complainant, may not be sufficient to implicate person as having committed cruelty u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty can vary depending upon respective matrimonial cases - So it is impossible to have a uniform standard to decide `mental cruelty' in different cases as facts and circumstances are not same...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No marks of injury or previous torture or cruelty soon before death has been found on person of deceased by Doctor who conducted post mortem - Even there is no evidence that deceased was subjected to cruelty for demand of dowry or for any other reason - Accused had not intentionally aided..........