Hindu Marriage Act, 1955, Section 13 -- Cruelty - Wife did not examine any independent person to suggest that husband even made a demand of dowry or that her father was in a position to pay the same - Matter not reported to police or panchayat - Marriage survived for 7 years - Such demand could have originated just after the marriage or after a reasonable time of marriage..........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Cruelty - Spousal relation is primarily a human relation - Violations of prohibitions or acts of omission to perform duties are acts of cruelty - Mother of husband beaten and forcibly turned out of her own house by wife and her parents - Unproved allegation of wife that she was coerced to bring cash in dowry - Both acts..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased telling her relatives about the dowry demand and harassment on that account - Held, statements made to relatives are admissible in evidence...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- 'Soon before her death' - Is not synonymous with term 'Immediately before' - Circumstances showing existence of cruelty or harassment to deceased are not restricted to a particular instance but normally refer to a course of conduct - If cruelty or harassment or demand for dowry is shown to have..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Death within seven years of marriage - Conviction of husband, father-in-law, mother-in-law, brother-in-law and sister-in-law - Allegation against in-laws that they were taunting deceased - Demand of dowry not proved against in-laws - In-laws roped on only on ground of being close..........
Hindu Marriage Act, 1955, Section 13 -- Wife seeking judicial separation - Counter claim of husband for divorce - Petition of wife dismissed whereas decree for divorce granted, accepting counter claim of husband - Allegations of wife as to beatings by husband and by in laws on matter relating to dowry - Found to be false - Wife was pressuring husband to live separately..........
Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 190(1), 156(3), 468, 473 -- Dowry demand - Complaint that wife was beaten by husband, mother-in-law and sister-in-law as her parents failed to satisfy demand of dowry and sent out of matrimonial home - Magistrate took cognizance of offence on report..........
Dowry Prohibition Act, 1961, Section 3, 4, Indian Penal Code, 1860, Section 304B, 34, 498A -- Demand for dowry coupled with harassment constituting the basis for prosecution - Main part of charge under S.304-B IPC not established - Conviction under Ss.3 & 4 of Dowry Prohibition Act improper...........
Hindu Marriage Act, 1955, Section 27 -- Dowry articles - At the time of passing a decree in a matrimonial cause Court has been empowered to make provision in the decree regarding disposal of property presented at or about the time of marriage to the spouses and belonging jointly to them but not qua any other property - Items of gold jewellery, cash, silver coins not found..........
Hindu Marriage Act, 1955, Section 13 -- Demand of dowry - Husband married the wife when there was no earning member in the family of wife and the family was completely destitute - Allegations of demand of more dowry cannot be believed...........
