Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Wife of deceased stated that she had not seen any of accused killing her husband - She was at home when incident occurred and people of village had informed her that her husband was killed by some other people - Accused has been wrongly roped in the incident because of prior enmity - Recoveries were also not at..........
Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - It is permissible for Court to grant enhancement of maintenance on changed circumstances - Changed circumstance need not be that wife should narrate every circumstance or her living, manner of living or explicit details for enhanced maintenance...........
Special Marriage Act, 1954, Section 37(2) -- Maintenance to wife - Enhancement of - Maintenance @ Rs.10,000 p.m granted to wife six years ago - Changed circumstance in the case would be passage of time and cost of living - Husband earns Rs.1.5 lakhs to Rs.2 lakhs a months - Maintenance enhanced from Rs.10,000/- to Rs.20,000/- p.m from date of filing application...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceeding u/s 125 Cr.P.C are summary in nature - Strict standard of proof of marriage is not necessary u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In proceedings u/s 125 Cr.P.C only prima facie proof of marriage was required to be seen - Claim of husband that there is no marriage in the eyes of law is required to be declared by a competent Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife proved by cogent evidence that she is legally wedded wife of husband and her son is the son of husband - Husband denied the paternity of son, however he refused to undergo DNA test - Wife on the other hand led sufficient evidence to prove that husband had access to wife - There..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - There is cloud over sources of income of husband and sources of income of wife - Truth regarding their sources of income is required to be ascertained to determine quantum of maintenance - Court below while determining maintenance has not followed the directions as contained in Rajnesh V Neha Case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is awarded on basis of financial capacity of husband and other relevant factors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is earning Rs.5 lakhs p.m - No medical evidence on record that husband is handicapped and suffering from ailment of Rheumatoid Arthritis - Family Court rightly considered the income of husband and granted maintenance to wife and daughter...........
