Indian Penal Code, 1860, Section 376, 451 -- Rape - Husband of prosecutrix denied the rape of his wife by accused and he stated that there was no commotion or shout of protest which he could hear in the house when he came back, on the date of alleged incident in question - Charges against accused not proved - Benefit of doubt thus, given to accused - Accused acquitted...........
Will -- Plaintiff was living with testator for a long period of time - Truth and validity of will propounded by plaintiff did not depend upon whether she was legally wedded wife or mistress of testator or whether she was in an unacceptable relationship with testator...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Petition filed by husband - Wife proceeded ex parte - Even in ex parte proceedings the burden is on plaintiff to prove his case by leading evidence - Merely there being no denial or cross examination, Court is not bound to grant ex parte decree unless the case is made out - In the instant case as deposition of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged 37 years and is survived by his wife, three minor children and one major child - Minor children have their entire life ahead of them - Their education has to be taken care of as well as living expenses of all claimants - Perusal of award reveals that no amount has..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Held, though the FIR may be a bit delayed it does not, by itself, give rise to an adverse inference against the truth of the prosecution case - The oral deposition in respect of use of torch is not liable to be discarded merely because the I.O. did not question the witnesses with respect to the source of light -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Preference of lady should be given precedence relating to matrimonial matters - Transfer petition filed by wife allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife along with minor child will prevail and it has to be given preference over the convenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband willing to pay conveyance charges to the wife - Wife not gainfully employed - Husband not paying maintenance either to his wife or to child - Husband had not taken any steps ever since the birth of minor child either to look after him or to pay any maintenance - Offer of husband to pay..........
