Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance pendente lite, permanent alimony or..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death within 5 years of her marriage - However, there is no specific and convincing evidence to the effect that deceased was regularly subjected to cruelty or harassment by accused in connection with any demand for dowry - Prosecution failed to discharge its initial burden in..........
Criminal Procedure Code, 1973, Section 125, 126(1) -- Maintenance - Jurisdiction - S.126(1) does not contemplate a permanent place of residence - Wife is entitled to maintain petition both at the place where husband is residing as also at the place where she is residing - Even a place where wife is for the time being residing would confer jurisdiction on such Court...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Two FIRs u/ss 498-A, 406 IPC lodged against husband by wife, which was later compromised - Husband launched proceedings u/s 9 of Hindu Marriage Act, but withdrew the same - Parties are living separately since 2011 - Husband alleges that marriage took place without dowry however, wife stated that draft..........
Indian Penal Code, 1860, Section 304B -- Essentials of S.304-B are : (i) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death must have occurred within seven years of her marriage; (iii) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any..........
Indian Penal Code, 1860, Section 376 -- Rape of married woman - Occurrence immediately disclosed to neighbour and within 1 hour FIR was lodged although date changed in the meantime - Medical examination of prosecutrix was conducted and her statement was also recorded u/s 164 Cr.P.C - Testimony of prosecutrix gets corroboration from testimony of post occurrence witnesses,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 11 -- Rejection of petition u/s 11 of Hindu Marriage Act on the ground of maintainability - Husband contended that since wife not produced a decree of divorce from her `first husband', petition u/s 11 of Hindu Marriage Act filed by wife itself is not maintainable, as he denied marriage with her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband himself is the wrongdoer who made several phone calls to his aunt's daughter and sent 200 to 300 text messages during off hours, compelled his aunt's daughter much to her resistance with an intention to marry her when marriage between him and wife was subsisting - For having..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 31 -- Shared household - Residence order in favour of daughter-in-law - Sale of property by mother-in-law to third party - Order of residence in favour of daughter-in-law in force neither vacated nor modified by Courts - Mother-in-law sold the house in question - Action of mother-in-law in selling house..........
Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
