Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence appears to have been led to establish that institution of criminal cases by wife was false or that no such occurrence had taken place, as both cases are disclosed to be pending - Element of cruelty alleged was not established by husband - However, wife was able to lead..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is not ready to live with husband - Admittedly, both the parties are living separately from 2010 onwards - Trial Court failed to consider the aspect of making threats to commit suicide and by giving false complaint against husband and also failed to consider the long separation of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere allegation made by husband that wife had threatened to lodge false criminal case involving allegations of character assassination of his father and also involving false allegation of illicit relationship between husband and his sister, no such allegation appears to have been..........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Making of a false document is a sine qua non for constituting offences in question...........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Quashing of FIR - No allegation against petitioner of making any false document or committing any forgery - Even if entire allegations made against petitioner in the FIR are considered to be true in their entirety still the offences in question not made out against petitioner - FIR..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false criminal case for dowry demand against husband and his all family members including minor siblings of husband, shows the conduct of wife being extremely cruel - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Prosecution of husband and his relatives on the false allegation of demand of dowry comes under mental cruelty...........
Indian Penal Code, 1860, Section 193 -- False evidence - Denial of statements made in the affidavits of complainant, simplicter would not attract the offence, particularly when no malafide intention/deliberate attempt can be understood from the statement made by accused in the affidavit...........
Indian Penal Code, 1860, Section 193 -- False evidence - Mere suspicion or inaccurate statements do not attract the offence u/s 193 IPC...........
