Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife duly explained the circumstances in her affidavit to show how she was always harassed, humiliated, tortured and even beaten by her husband - She was compelled to leave matrimonial home at the advance stage of pregnancy - Husband never visited parental house of wife to bring her..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- House murder of wife by husband - Appreciation of evidence - Nobody made any adverse remark on the relationship of the accused and deceased except the father of deceased but he too has admitted in the cross-examination that deceased was living happily in her matrimonial home - Even, statement of PW7 is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Domestic violence - Maintenance - Wife left her matrimonial home at her own volition as she wanted to pursue her carrier as a Nurse and joined on the post of GNM - It cannot be said that wife was constrained to join on the post of GNM only to maintain her - Wife is getting more than Rs.14,000 p.m as..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death of deceased not in matrimonial home - Deceased went missing and her dead body was recovered in decomposed condition from canal - Information was conveyed to complainant immediately - Prosecution failed to discharge the initial burden cast upon it - It would be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife not permitting widow mother of husband to live in their matrimonial home - Amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that wife was driven out by husband due to no, compliance of dowry demand - Criminal complaint filed by wife u/s 498-A IPC against husband ended in acquittal - Moreover, wife did not issue any legal notice to husband that she is willing to join him - Even during pendency of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife herself admitted that she was not able to adjust in matrimonial home with her husband, a divorcee where she was not having a luxuries of life - Husband a Government servant having his own limitations in providing luxuries - Both were living separately in rented accommodation with..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home without any reasonable cause - Husband waited for five years and filed the divorce in 2011 - Wife left the matrimonial home with animus deserendi, as she refused to join the husband - Desertion on the part of wife proved - Divorce rightly granted to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left the matrimonial home when husband and his family confronted the wife who threatened to commit suicide and also tried to execute it by consuming phenyl - She even not spared her daughter and left her, who was four years old at the relevant time and is being brought up by..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife left the matrimonial home without any excuse - Concern for her father who may have been left with no source of income though appreciable but cannot be construed as reasonable excuse to leave matrimonial home - Wife lived for 10 long years without any protest or complaining to her family members..........
