Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Determination of income of husband - Deductions - Availing of loans by husband and its repayment and payment towards insurance premium, GPF, SLI, etc. are to be reckoned as personal savings and shall not be reduced from actual income to quantify amount of maintenance - Moreover, showing some..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incident of mental or physical torture adduced in evidence to justify claim - Mere omnibus statements that wife committed cruelty on him are not sufficient to justify for a decree of divorce - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband stated that wife instigated him to be separated from his old aged mother who is a sick lady - Even thereafter also husband continued to reside and cohabit with wife and therefore out of their wedlock one girl child was born - Such alleged acts of wife thus, appear to have been..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Framing points for determination is mandatory - Order of maintenance to contain the point or points for determination, decision thereon and reasons for the decision...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased used to earn Rs.32,673/- p.m. from his private employment and also drew a monthly pension of Rs.5,839/- - Since wife of deceased continued to receive family pension after his demise, no loss on account of pension was proved - Monthly income of deceased is thus, fixed @..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife solemnized second marriage during subsistence of first marriage - Husband is treating wife with cruelty in not giving her option to live her life freely according to her choice which is fundamental right of wife and unnecessarily opposing petition for divorce when she is already..........
