Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Petition by husband - Allegations of infidelity against wife not proved - Daughter of parties stated that it is father/husband who has been ill treating her mother/wife - However, daughter of parties wants that their family may be resettled - More so, parties have autistic son, thus, they have no reason to live..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail granted subject to deposit of Rs.1.50 lakhs in FDR in the name of wife - Accused discharged of all the offences alleged against him - Held, it is appellant who is entitled to withdraw the amount accrued in the fixed deposit - Wife not entitled to encash FDR which was deposited by appellant as a condition for..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 23(1)(a) -- Divorce - Cruelty and desertion - Petition by husband - Husband after birth of child had not taken any step to see child till the date of his deposition in Court - Such a conduct along with prayer to make DNA test amounts to humiliate wife and child in public eyes in society - A wronged party cannot take..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced Muslim wife is entitled to claim maintenance u/s 125 Cr.P.C even beyond iddat period and for whole life unless she is disqualified for reasons such as entering into marriage with someone else...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Plea of inability to pay taken by husband - Income of husband 25 to 30 thousand - Maintenance of Rs.3000/- p.m. not on higher side...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was residing in the house of complainant along with his family - He was seen by PWs a day prior to incident in the area where incident occurred and accused was missing from house on day of incident - Ear rings and necklace of deceased was missing when PWs saw dead body of deceased - There..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Husband contracted second marriage and has got a son through second marriage - Said reason is sufficient for wife to stay away from company of husband without forfeiting her rights and obligations arising out of marital relationship with husband - Wife cannot be expected to join company of husband..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Where husband is in business and dealing in cash, it will be difficult to establish his earning - However, Court can assess income by taking into consideration standard of living and what he was earning before separation of wife...........
