Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband contended that wife lodged complaints against him - However, it is only to protect her interest and to ensure that jewels given by her parents are safe and in the interest of child - Family Court had directed maintenance to be paid - This fact itself would show that husband had..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Dowry Prohibition Act, 1961, Section 3, 7(3) -- Taking of dowry and giving of dowry - Statement by wife and her family members in a complaint u/s 498-A and S.3 of 1961 Act with regard to `taking dowry' - Same cannot be substratum for launching prosecution against wife and her family members for the offence of `giving dowry' u/s 3 of the Act as they being `persons..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and minor son - Maintenance enhanced by Family Court from Rs.3500 to 8000 p.m in favour of wife and from Rs.1500 to 4,000 p.m in favour of minor son - Family Court appears to have exercised its discretion judiciously while determining enhanced amount of maintenance - Income of husband as stated to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Statutory period of one year prescribed u/s 14 of the Act waived as parties lived together only for about seven days after marriage and thereafter separated - Marriage remained unconsummated and there are no children from wedlock - Both the parties have..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Assaulting wife in connection with dowry demands is not a mere domestic dispute but a serious offence rooted in greed, coercion and gender based violence - When a woman is physically harmed because she or her family cannot meet unlawful dowry demands, it reflects deliberate and oppressive misuse of power within matrimonial..........
Hindu Marriage Act, 1955, Section 13B(2), Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - Dismissal of petition - Appeal thereagainst - Appeal is maintainable in spite of bar u/s 19(2) of Family Courts Act because impugned judgment was on a petition invoking S.13-B of H.M Act, it was not passed on consent and it matters little that parties supported..........
