Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 3, 113B -- Dowry death - Cruelty - Suicide within eleven months of marriage - Ill treatment by husband - Mother and other witnesses deposing about ill treatment - Witnesses consistent in their depositions and withstood cross examination - Not proper to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Depriving husband to cohabitate - Denial of sexual activity in marriage has an extremely unfavourable influence on the mind and part of the person concerned and leads to depression and frustrations - To force a husband to a sexless life dangers physical as well as mental health and all this is nothing but cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - Mental cruelty is a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern by the other - Mental cruelty is difficult to be established by direct evidence - It is a matter of inference to be drawn from facts and circumstances of the case - Inference has to be drawn from the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Two essential conditions must be there for the offence of desertion to be completed - The facutm of separation and intention to bring cohabitation permanently to an end (animus deserendi)...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Wife taking contradictory stands - Shows that she has no legs to stand - An inevitable inference can be drawn that husband was being deserted by the wife without any reasonable cause...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Wife leading evidence on a point which was not pleaded in her written statement - Proof which is beyond pleadings cannot be taken into consideration and hence rejected...........
Hindu Marriage Act, 1955, Section 12, 13 -- Joint petition u/s 12 & 13 of the Act - No bar in claiming relief in alternative under two provisions of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13, 12 -- Divorce petition - Plaintiff seeking amendment of plaint to seek relief u/s 12 of the Act for annulment of marriage as his consent was obtained by fraud - Amendment sought within one year of knowledge of fraud - Held, amendment sought is not barred u/s 12 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife and children - Husband besides maintaining Mobile phone had a land line connection and E-Mail address etc. which shows that he is a man of means - Income of husband cannot be less than Rs.15, 000/- per month - Maintenance of Rs.5, 000/- granted to wife and three minor children cannot be said to be..........
Consent decree -- Extent of rights of Legal Representatives of plaintiff - Consent decree suffered by father in favour of son - Civil Suit by father challenging decree on the ground that he agreed to give only 1/7th share but son managed to get decree for entire property - Death of father after filing of the suit - Married daughter impleaded Legal Representative to..........
