Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Enhancement of maintenance - Denied on the ground of decree of divorce - Decree of divorce set aside by lower appellate Court which decision is now confirmed - Order denying enhancement of maintenance amount to wife set aside - Case remanded back to trial Court for decision afresh...........
Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P.C - Maintainability - Wife narrates about unbearable harassment and ill-treatment from both by husband and mother-in-law, which resulted her going away from matrimonial house - This can by no stretch mean moving away of wife by mutual consent for husband to contend that proceedings were not maintainable..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - There is ample ocular and documentary evidence adduced on behalf of wife demonstrating that she was subjected to cruelty and it fulfills all requirements u/s 13(1)(ia) of the Act to dissolve marriage in between parties - Divorce granted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband did not adduce any evidence that wife is earning and has sufficient means to maintain herself and her daughter - However, it is undisputed fact that wife is running a beauty parlour, which is a profitable business - If at all wife has no means to maintain herself and her daughter, she would have claimed..........
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..........
