Hindu Minority and Guardianship Act, 1956, Section 6 -- Wife and husband residing in U.K. - Wife came to India alongwith her minor child - Husband filing petition for custody of child in UK Court - Husband directed to pay all expenses of wife and child etc. i.e. Travel expenses, stay arrangement, Medical expenses etc. - Husband agreed to same...........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Divorce - Cruelty and desertion - Vague allegations that respondent used to quarrel with the family members and used filthy language and did not respect the family members of the husband - No specific instance of such behaviour with the date and relevant particulars - Order rejecting divorce petition of husband, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Divorce - Cruelty and desertion - Not established that wife had permanently left the matrimonial home without consent of husband and never returned - Such leaving of matrimonial home does not amount to desertion...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Prosecution allegation that accused husband killed wife by firing gun shot - Evidence of police officer that they reached spot of occurrence within 5 minutes from the knowledge of offence where deceased orally told them that her husband gave gun shot injury - Oral dying..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused charge sheeted for offence of having murdered his wife - Brothers of deceased testified that there was matrimonial discord between the accused and his wife and that accused used to maltreat the deceased - Accused found absconding and was arrested on the next day - Probable time of crime was midnight when husband is..........
Dowry Prohibition Act, 1961, Section 6(3), Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Deceased died issueless - Husband acquitted in dowry death case - Held, husband not entitled to dowry articles under Section 6(3) of Dowry Prohibition Act...........
Evidence Act, 1872, Section 32 -- Dying declaration made before Tehsildar - Held, dying declaration cannot be relied upon for the following reasons :- (a) Deceased was shifted to the hospital by the husband; (b) Husband of the deceased bore all the expenses incidental to the treatment of the deceased; (c) Deceased gave the cause of death as incidental due to burn of stove..........
Indian Penal Code, 1860, Section 300, 201 -- Murder and causing disappearance of evidence - Allegation that accused husband and co-accused second wife allegedly killed deceased and concealed her dead body - Evidence showing the presence of both the accused persons in the house on the date of incidence - No explanation furnished by either of accused as to how deceased was..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim not naming the culprits while narrating the incident to PW4 Pradhan of village - Not correct - Husband of victim in presence of prosecutrix had already told that she was raped by the appellants - It was not reasonable to expect from the victim who was under shock due to the incident, to narrate the same to PW4 Pradhan..........
Indian Penal Code, 1860, Section 304B, 406 -- Dowry death - Deceased died leaving behind child - Child being looked after by paternal grandparents - Husband convicted and sentenced - Held, father of the deceased cannot claim dowry articles/stridhan of his daughter - After death her child is her only legal heir to the property - Hence the dowry article/stridhan came to vest..........
