Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years of age at the time of accident and was earning a fixed monthly income - Once these foundational facts are established, addition towards future prospects follows as a necessary consequence - Since, income of deceased being fixed at Rs.10,000 p.m, an addition of 40%..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Allegations levelled against petitioners who are relatives of husband are largely vague, omnibus, and generalized in nature - Except for a broad narrative alleging harassment, complaint does not attribute any specific role, overt act or distinct instance of cruelty to any of petitioners -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Interim bail - Sought on ground of ill health of wife - Murder - Mere illness of a family member particularly when condition is under control and improving does not constitute an exceptional circumstance warranting grant of interim bail in case involving heinous offences - Application dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Stranger/neighbor cannot be drawn into proceedings for offence u/s 498-A IPC between husband, wife or family members...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against stranger/neighbour that she instigated husband to torture wife - Petitioner would not fit into definition of family u/s 498-A IPC - Permitting further proceedings against petitioner would become an abuse of process of law and result in miscarriage of justice - Proceedings qua petitioner, quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-bailable warrant as well as proclamation issued u/ss 82, 83 Cr.P.C against accused - Accused was in family way and was unable to appear before Court concerned at the time when certain processes were issued against her - There is not a total embargo on considering the application for grant of..........
