Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Act of wife lodging serious complaints against husband and his family under PWDV Act on false grounds which was designed to cause him harm, amounts to mental cruelty - Divorce rightly grated to husband...........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance to wife and two minor daughters - Enhancement of - Husband was getting salary of Rs.17,000 in 2016 - Ailment which is being taken by husband and is stated to be one of factors of too much expenditure is a common and a regular ailment and apparently there is no proof of same being a serious ailment - Both the..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib) -- Interim maintenance - Divorce petition on ground of adultery and cruelty - When husband has raised serious objections of adulterous affairs of wife then Court ought to have taken up both matters together, namely, divorce petition and maintenance application - Order awarding interim maintenance to wife set aside -..........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Accused was suspecting his wife's character and assaulted her on account of same - Situs of injury is consistent with evidence on record - On the day of incident on being refused tea, accused assaulted deceased with a hammer - Deceased by refusing to make tea for accused, by no..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death of deceased caused on spur of moment as accused was alleged to have disliked practice of deceased in serving parent of accused - However, it was accused who had taken deceased to hospital - Accused has no motive nor any intention of doing away with his wife - Dying declaration which has been..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife having no independent source of income - Allegation of adultery made against wife by husband had no foundation - Materials on record shows that wife has made allegations of harassment, torture and demand of dowry and she filed a criminal case against husband - Maintenance to wife @ Rs.3000 each for..........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Waiving of a statutory right is opposed to public policy u/s 23 of Contract Act - An agreement having that impact is void in eyes of law and will not act as estoppel - Wife is entitled to get monthly maintenance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Right envisaged u/s 125 Cr.P.C being a statutory right, cannot be waived or relinquished by party entitled for that or made to waive or relinquish by a party obliged to pay that by executing an agreement...........
Muslim marriage -- Muslim man may get married more than once without divorcing his earlier wife, but same does not apply to a Muslim lady - Muslim lady has to divorce her first husband, either under Muslim Personal Law or under provisions of Muslim Marriages Act, 1939, before contracting second marriage...........
Protection to life and liberty -- Muslim marriage - Second marriage by Muslim woman without getting divorce from her previous husband - Muslim man may get married more than once without divorcing his earlier wife, but same does not apply to a Muslim lady - Muslim lady has to divorce her first husband before contracting second marriage - Alleged marriage between..........
