Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated, same alone is not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence appears to have been led to establish that institution of criminal cases by wife was false or that no such occurrence had taken place, as both cases are disclosed to be pending - Element of cruelty alleged was not established by husband - However, wife was able to lead..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Once it is proved that it was the husband who had turned out wife from matrimonial home that too by practicing deceit in making wife believe that parties would revive their matrimonial relationship subject to wife withdrawing from criminal case, desertion on the part of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false criminal case for dowry demand against husband and his all family members including minor siblings of husband, shows the conduct of wife being extremely cruel - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance to her cannot be denied on the mere ground that she is educated...........