Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Indian Penal Code, 1860, Section 417 -- Cheating - Allegation that accused cheated deceased by not marrying her despite promising to do so - However, accused and deceased had secretly married and deceased wanted their marriage to be solemnized as per Hindu rites and customs - Accused had made arrangements for such marriage but for some reason same did not happen - No..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that accused did not marry deceased, she did not wish to live any further and therefore, committed suicide - Fact remains that accused and deceased secretly married but deceased insisted for solemnization of marriage as per Hindu rites and customs - There was neither any suicide note nor any dying..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Assassination of character amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Assassination of character of husband of having illicit relations with another lady, not proved - Amounts to cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife admitted that she is residing separately for last about 8 years and during this period they have no relations - She had never complained against her husband for not taking her back and she has also not filed petition for restitution of conjugal rights - No intention on the part of wife to resume..........
Hindu Law -- Joint Family Property - Proof - Sharing of expenses - Does not lead to a conclusion that property is joint family property...........
Hindu Law -- Joint Family Property - Properties purchased by Karta in his name is deemed to be out of joint family nucleus, if joint family possessed of adequate properties that were capable to generate enough income...........
