Hindu Marriage Act, 1955, Section 13B, 23A -- Divorce by mutual consent - Second marriage by wife - Where decree for dissolution of marriage was sought by parties by mutual consent, situation contemplated u/s 23-A of the Act was not at all existing - Provision of S.23-A of the Act, thus, could not have been invoked by Family Court so as to deny relief claimed by parties to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of illicit relationship of husband with another lady - Such allegation not proved - It is a grave assault on character of husband, honour, reputation, status and health - For such mental pain, agony and sufferings inflicted on husband, it cannot be reasonably expected of him to still..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry demand - There are embellishments in respect of torture so inflicted upon victim/wife - However, there is consistency regarding demand of dowry and harassment and torture being inflicted upon wife - Though there are no materials for convicting mother-in-law, but there is evidence against husband - Mother-in-law..........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Fraud - Suppression of earlier marriage by wife - Petition filed by husband after gap of one year from alleged date of fraud - In view of limitation provided u/s 12(2) of the Act petition is not maintainable - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Suppression of earlier marriage by wife - Husband aware about earlier marriage of wife - Son born out of marriage of appellant and respondent - Even husband had knowledge about customary divorce taken place between wife and her earlier husband at the time of his marriage with wife - Husband thus, cannot..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Complainant stated that all the accused abused them and set her wife/deceased on fire - However, deceased stated that she had been set on fire by accused `M' and others present there had not made any effort to save her - Deceased also stated that her husband/complainant..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife used to misbehave, argue and quarrel with husband and his parents - She started living separately in her parental house - Wife used to create scene in nursing home of husband's father and also threatened husband and his parents to implicate them in false cases - Father of husband filed FIR..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Divorce proceedings - Written statement filed by wife was accepted by Court below - Time lapsed between date when application u/s 24 of Hindu Marriage Act was allowed and date on which written statement was filed should be taken which is only 67 days, it cannot be said that there..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Sufficient income of wife - It was for husband to lead evidence that what is the income of wife or where wife is working - In the absence of any such evidence no presumption can be raised that wife is earning sufficient amount to support herself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife who has been divorced by husband even on the ground that she had deserted her husband, is entitled to claim maintenance u/s 125 Cr.P.C...........
