Protection of Women From Domestic Violence Act, 2005, Section 23, 29 -- Shared accommodation - Right of residence of wife - House owned by mother i, law and husband to the extent of one half share each - Wife living in said accommodation as a matrimonial before differences erupted - Held, it is a shared accommodation - No infirmity found in the order of Magistrate granting..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife - Filing of maintenance petition - Limitation - No period is prescribed within which maintenance is to be claimed - Plea not available to husband that wife has waived her right to claim maintenance due to long lapse of 10-12 years after she left his house...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(s), 2(f) -- Complaint against husband and brother-in-law of husband - Allegation against brother-in-law that he made aspersions on her for not bearing a child which is an emotional abuse - Complainant and brother-in-law never stayed together in same house - Held, making certain allegations against wife by..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 178, 179 -- Cruelty to wife - Private complaint - Territorial jurisdiction - Averment in complaint that husband came to house of complainant's father and repeated his earlier remark that child did not match his face and she carried sin of somebody else - Complaint filed in court of Magistrate..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 25, 29 -- Interim relief granted to wife that husband shall remove himself from the house of complainant - On very same day husband filed an application u/s 25(2) of the Act for modification of order and Magistrate modified the order permitting husband to reside in shared house hold - Said order modified..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Application moved by wife of accused to the DIG that police took the accused from the house as he was wanted in a case u/s 294 IPC and thereafter he was framed in the present case under NDPS Act - Held, said application was moved after 4 months of recovery - This period was..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife - Murder took place in the dwelling house - Prosecution when successful in leading evidence to show that shortly before the commission of crime they were seen together - Accused, if does not offer any explanation how the wife received injuries or offers an explanation which is found to be false, it is a strong..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Petition by wife against husband and relatives of husband - By way of interim relief, husband directed to allow residence to the wife with him in the house - Mother-in-law challenged the order that the house in which husband was living, is owned by her - Held, house in the name of mother-in-law cannot be a..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Deceased wife suffered burn injuries in the house of accused - Dying declaration recorded by doctor - Deceased stated that her husband was doubting her character as he was under impression that deceased has conceived from some other person, though in post mortem no pregnancy was found - Deceased was..........
Indian Penal Code, 1860, Section 498A -- Dowry death - Relations between husband and wife were not cordial - Wife was harassed to meet the unlawful demand of husband - Settlement between family members of deceased for transfer of immovable property in the name of the child of deceased which was executed to restrain the family member of the deceased to launch criminal..........
