Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act filed by Husband at place `B' to place `S' - Petition filed by wife u/s 13 of Hindu Marriage Act, pending at place `S' - Petition pending before Family Court at place `B' is transferred to District Judge at place `S' - Application allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Self acquired property of parents of husband - Right of daughter-in-law - Self acquired property of parents of husband is not a shared household as defined u/s 2(s) of the Act, thus, daughter-in-law cannot claim right to residence in said property...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - No evidence on record to establish income of husband - Court has to make a rough estimate as to what his income could be - It has not been established that husband is owning a ready made garments shop - At best it could be held that he was..........
Hindu Adoptions and Maintenance Act, 1956, Section 22 -- Maintenance - Claim by mother-in-law against daughter-in-law - Daughter-in-law was employed under scheme of compassionate appointment upon death of her husband - Statutory obligation to maintain dependents of deceased is only from the source of fund derived from the estate of deceased which was inherited by the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife in her affidavit has stated that she has not been employed and is totally dependent on her mother and brother for maintenance - Husband filed his affidavit of assets, income and expenditure wherein he disclosed that his gross income is Rs.38,500/- p.m. - Rs.8000/- deducted towards expenses shown by..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Suit is pending since 2008 - Petitioner being husband of sole defendant is well aware of pending proceedings - Stand which has been taken in written statement is similar to what is being sought to be contended by petitioner - Despite the suit remaining pending for 11 years, no effort..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Affidavit filed by prosecutrix in Court stating that she had lodged case against accused under pressure, cannot be relied upon in view of statements of prosecutrix herself, her husband and her daughter - Conviction upheld...........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by brother of deceased - Objected by alleged husband of deceased - Deceased working as headmaster in Government Primary School, died in harness - She during her lifetime had declared her brother as her nominee, which fact is corroborated by Junior Auditor of concerned department - Claim of alleged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband getting income from agriculture - Withholding of information about agricultural land and income from agriculture - Adverse inference has to be drawn that husband is not disclosing his income correctly and is trying to withheld certain information...........
