Mohammedan Law -- Restitution of conjugal rights - If Court after a review of evidence feels that circumstances reveal that husband has been guilty of unnecessary harassment caused to his wife or of such conduct as to make it inequitable for Court to compel his wife to live with him, it will refuse the relief of restitution of conjugal rights...........
Mohammedan Law -- Restitution of conjugal rights - Husband has no fundamental right to compel wife to share his consortium with another woman in all circumstances...........
Indian Penal Code, 1860, Section 304B -- Pre requisite to convict an accused u/s 304-B IPC - (i) that the death of a woman must have been caused by burns or bodily injury or occurred otherwise than under normal circumstance; (ii) that such a death must have occurred within a period of seven years of her marriage; (iii) that the woman must have been subjected to cruelty or..........
Indian Penal Code, 1860, Section 304B, 201, 34, Evidence Act, 1872, Section 113B -- Dowry death - Deceased had gone missing from her matrimonial home within a few months of her marriage immediately after demands of dowry were made - Dead body of deceased recovered from banks of river which indicates that deceased had died under abnormal circumstances - No plausible..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 118 -- Cruelty to woman - Husband and mother-in-law treated deceased with cruelty and harassed her for dowry resulting in her suicide by drowning herself in pond - Parents, uncle and neighbour of mother of deceased deposed that she told them about cruelty with demand of money - Married woman does not..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Ex parte order of maintenance - Husband was proceeded ex parte by Magistrate - However, husband filed appeal against such ex parte order with a huge delay of 334 days - Appeal was dismissed, as there was no plausible explanation given by husband for condoning such a huge delay - Even, husband further made..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Non-joining of company of husband by wife waiting for auspicious time (subh-mahurat) that too for long 11 years, amounts to desertion on part of wife - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree for restitution of conjugal rights - Where wife sitting dormant despite knowing of fact the effort made by husband for restitution of conjugal rights, shows intention of wife not to join back company of husband - Merely because decree for restitution of conjugal rights was not put to execution, it cannot be..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Enhancement of - Husband is earning well while being posted in Singapore - However, cost of living in Singapore is higher - Husband is already paying rent @ 3200 Singapore Dollars pm and income tax @ 1583 Singapore Dollars - Net income of husband is thus, substantially reduced - Husband is already..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have stayed apart for the last 18 years - They have mutually agreed to divorce each other - Statutory period of six months as prescribed u/s 13-B of the Act is dispensed with - Wife has withdrawn all cases filed by her against husband - Marriage between parties dissolved u/s 13-B of the Act...........
