Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Imposition of condition that husband should undertake to fulfill all physical as well as financial requirements of wife, is absolutely improbable and impracticable condition - Condition set aside...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Where Family Court has jurisdiction to decide a case u/s 125 Cr.P.C. as well as suit u/s 20 of 1956 Act, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant..........
Criminal Procedure Code, 1973, Section 125(1)(c) -- Maintenance to major unmarried daughter - An unmarried daughter even though she has attained majority is entitled for maintenance by virtue of S.125(1)(c) Cr.P.C, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain itself...........
Indian Penal Code, 1860, Section 450, 367(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 450, 367(1) IPC - Serious allegations are prima facie made out against accused - In such a case merely acting on affidavit filed by de facto complainant regarding settlement of offence, proceedings cannot be quashed - Petition for quashing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance to her cannot be denied on the mere ground that she is educated...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Involvement of accused in two more crimes would not be a hurdle, since criminal antecedents shall not be a rider to compound an offence, which is compoundable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of interim maintenance Court cannot hold a threadbare trial to go into every micro detail...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - In the absence of the same, order dismissing application, set aside...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
