Evidence Act, 1872, Section 32(1) -- Dying declaration - Reliability - Dowry death - Accused specifically deposed against husband and i, laws - Doctor recorded dying declaration - No attempt made by accused to reveal incapacity of wife to speak while in hospital - Mere fact that victim's relatives had access to her, is by itself no reason to hold that victim gave a tutored..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by playing fraud on Court - Wife is..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 15, 16, Evidence Act, 1872, Section 137 -- Maintenance - Evidence by way of affidavit - Cross examination of witness - In matrimonial disputes each party gives exaggerated accounts and it is duty of Court to extract the truth from falsehood - In matrimonial litigation Family Courts have to take..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Wife is not entitled to receive maintenance if she is living in adultery or if she refuses to live with her husband without any sufficient reason or that they are living separately by mutual consent...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Desertion - Wife in her application clearly stated that after marriage, petitioner-husband and his family members started torturing her mentally and physically for bringing less dowry - They also abused her and gave beating to her - Thus, she left her matrimonial home along with her minor son and has no means of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations of illicit relations of husband made by wife in her written statement - However, there is no pleading in that regard in the divorce petition by husband - In absence of any pleading to that effect, decree of divorce not granted to husband - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband alleges that wife made false allegations of cruelty against him and his family members in criminal case, which ended in his acquittal - However, judgment of acquittal passed by trial Court is not on record - Even otherwise, appeal against such acquittal order is already filed -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - General allegations of quarrel on trivial issue and marpeet etc. were made by husband against wife - Pleadings are absolutely vague - Other allegations regarding threat of committing suicide by wife, false allegations of illicit relations of husband also not proved - Ground of cruelty..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Evidence of both the parties adduced on affidavits - No cross-examination was done - Impugned order of directing husband to pay maintenance to wife on the basis of affidavits, held, not sustainable and thus, quashed...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against maternal uncles of husband - Accused are not immediate family members of husband - Except bald statements nothing else indicating their involvement in the crime was mentioned - Prima facie case against accused has not been made out on..........
