Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix categorically stated that she performed marriage with accused and only thereafter they developed physical relations being husband and wife - Offence of rape thus, not established...........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix alleged that co-accused lifted her at around 11.00 pm and she came back at around 2.30 am - This is a huge gap but there is no allegation of repeated rape upon her - No signs of injuries external or internal on prosecutrix including her private parts - There..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Extra marital affair of husband with his bhabi - Written statement and cross examination of wife do not support this observation - Making this as ground of mental cruelty is erroneous - Order dissolving marriage set aside...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Inter se allegations of parties of not cooking food, not paying certain electricity charges, house tax etc. for some time on account of business loss, having ego issues, about difference in educational qualifications etc., are nothing more than a normal wear and tear of an ordinary..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Cannot be denied merely on basis of bald allegation levelled by husband that she is living in adultery, until and unless allegation is substantiated by any cogent evidence by husband...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife's continuous adulterous conduct not proved by husband - One or two incidents would not establish that wife is living in adultery, particularly when such stray incident is not proved till date - No evidence on record that wife has sufficient source of income for her livelihood - Taking..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife is residing with his in-laws with her two minor children and husband is not living with his parents - Husband disowned by his parents, because he performed ring ceremony with one girl - Father-in-law maintained wife and her two children - Statements of parents of husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Factum of two children born out of wedlock, belies allegations of husband that wife is inflicting mental cruelty on him soon after their marriage - Ground of cruelty not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife is deserted by husband and she left in 2008 at her sister's home - She had since then making all efforts to join company of husband, but it was husband alone, who was guilty of matrimonial misconduct and had intentionally not making atmosphere conducive to facilitate return of..........
Service -- Family pension - Entitlement - Petitioner lost not only her son on account of criminal offence which husband had committed and thereafter he had gone absconding and her right of family pension was also denied, thus, benefit of Civil Court decree has to be granted to petitioner - Moreover, petitioner had filed suit and placed sufficient evidence on record to..........
