Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation of cruelty were vague and general in nature - No specific instance constituting cruelty was pleaded - Wife had justifiable ground to live separately as no wife can be forced to live in matrimonial home with husband keeping another lady with him - Husband thus, failed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - False promise of marriage - At the stage of considering bail plea, it is neither appropriate nor feasible for Court to draw any conclusion much less to return any finding as to whether promise of marriage made to prosecutrix was false and in bad faith with no intention of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Prosecutrix and accused both are major at the time of incident and they also were in a romantic relationship with each other, which was also known to their families - Parents of both the parties were contemplating marriage between two - Proposed marriage was awaiting the..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Husband has sold properties worth Rs.24 lakhs and he is also owing 1 acre 30 guntas self acquired property and he is having 1/5th share in 12 acres of agricultural lands - Wife has raised two children and husband hardly contributed to the same - Taking into consideration that daughters are not..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife contracted second marriage - She is thus, no longer dependent on the alimony of her husband from first marriage - Subsequent development i.e second marriage contracted by wife is certainly an important factor that is to be taken into consideration while quantifying alimony payable - Wife is earning Rs.32,000..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Indian Penal Code, 1860, Section 307, 323 -- Attempt to murder - Accused assaulted his wife when she refused to sign consent letter for his second marriage - Seat of attack and weapon of offence used, expose intention of accused - Due to timely intervention of PW2 to PW4 who had taken her to her home and then got her admitted in the hospital, she had survived - Ingredient..........
Custody of child -- Claimed by father - Writ of habeas Corpus - Mother had taken child from USA to her native place in India after relations between spouse became strained - Child was only 1 and 1/3rd years age at that time - It cannot be said that child was segregated from social customs prevalent in USA to which he has been accustomed - There is no consent order with..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Denial of sexual intercourse by a partner for a long time without sufficient reason - Amounts to mental cruelty...........
