Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Death in matrimonial home - It is not proved that marriage was performed within seven years and that deceased was subjected to cruelty and harassment by her husband and any other relative, in connection with demand of dowry,soon before her death -..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Res-judicata - Earlier divorce petition on the ground of cruelty, was dismissed - Subsequent divorce petition on the ground that there is no restitution of conjugal rights for a period of two years since passing of decree for restitution of conjugal rights and also on the ground of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 95% burn injuries - Allegation against mother-i, law - No specific allegation of commission of cruelty and harassment upon deceased by accused in connection with demand of dowry except allegation of demand of Rs.25,000 from accused side in treatment of deceased - Deceased was..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 13(2)(i) -- Divorce - Cruelty - Husband started living with another woman and begotten a child with her - Such conduct of husband would cause immense mental cruelty to wife - If husband had any grievance with regard to the alleged desertion by wife, it was for him to seek appropriate legal remedy by either seeking..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Death by hanging - Allegation that all accused joined together and demanded huge amounts from deceased in the form of dowry - Since deceased was not able to meet out their demand, she committed suicide - However, nothing stated in complaint with regard to demand..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To constitute an offence u/s 306 IPC, prosecution must allege that wife was subjected to cruelty with clear cut mens rea to drive wife to commit suicide - Routine quarrel between husband and wife without there being any mens rea to commit suicide would not amount to abetment as defined u/s 107 IPC...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Charge sheet filed on the sole basis of routine quarrel between husband and wife, which cannot be said to be justified - No whisper in dying declaration of deceased that she was ever treated with cruelty to the extent that she was having..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Word `cruelty' is not defined in the Act and it has been used in relation to human conduct or human behavior - However, where conduct complained itself is bad enough and per se unlawful or illegal, impact or injurious effect on other spouse need not be enquired into or considered, as in such cases, cruelty..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - To constitute cruelty, there must be such willful treatment of party which caused suffering in body or mind either as an actual fact or by way of apprehension in such a manner as to render continued living together of spouses harmful or injurious...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife specifically stated that she was forced to have abortions on three occasions within a period of 5 years at the instance of husband - E-mails sent by husband admitting his behavior indicates that wife had suffered both mental and physical cruelty - Ground of cruelty on the part of husband..........
