Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife leveled false allegations against husband of having illicit relations with his bhabhi, which caused great mental agony to husband - Divorce rightly granted to husband...........
Indian Penal Code, 1860, Section 354A, 341, 323, 324, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of 15 years old girl - Prosecutrix was in semi unconscious state and her body was soiled with mud at the time of registration of FIR, as admitted by her - Doctor who examined prosecutrix stated that injuries found on body of..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Defence of accused is that it was PW1 who was having an evil eye on bhabhi of accused and on the date of incident he visited house of deceased to rape her - However, it is unbelievable as to a person visiting house of deceased with an intention to commit rape while carrying an axe - Moreover, deceased named accused in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Ill founded and baseless allegation of adultery - Unsubstantiated allegation by wife that mother and other relatives of husband insisted that `N' widowed bhabhi of husband, should be taken as second wife of husband without leading any evidence to that effect, amounts to character..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty to husband - Wife produced letter allegedly written by husband to his sister-i, law (bhabhi) indicating his illicit relations with his bhabhi - However, said letter not proved on record to be love letter and showing any illicit relationship of husband as alleged by wife - But presenting said letter by..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by consuming poison - Belabourings and physical cruelty meted out to deceased by accused occurred six months prior to occurrence, which was amicably resolved between them - Immediate proximate purported incident of physical cruelty as narrated by bhabhi of accused No.1 is not proved as she had not been..........
Indian Penal Code, 1860, Section 498A, 302 -- Dowry death - Where married sister-i, law (Nanad) or Bhabhi are living separately but have been named in the commission of any matrimonial crime, onus is on prosecution to prove the presence of such accused in comparison to the person who is physically residing as part of matrimonial home, is much higher...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Respondent/wife is residing in her parental house and has no means to maintain herself - Husband is having illicit relationship with his bhabhi, therefore, she is living separately - Held, it is sufficient cause to live separately and claim maintenance from husband...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A - - Quashing of complaint - Allegation of cruelty - - There is no specific allegation against petitioner - The only allegation against petitioner is that she used to tell her friends that her brother had not accepted complainant as her Bhabhi - Complaint however, does not..........
