Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Validity of marriage - When parties resided and cohabited together as husband and wife, then fact that they were not validly married, does not ipso facto, exonerate husband from the rigors of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Husband suffered agony of protracted trial for more than 13 years - He has been sentenced to undergo R.I of 2 years and to pay fine of Rs.3000 or in default of payment, to undergo R.I of 1 month u/s 498-A IPC - Ends of justice would be adequately meted out in case substantive sentence is reduced to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Merely because father of husband is a Senior Advocate at place `S' does not mean that he is capable of interfering in judicial proceedings or would do so - It is difficult to believe that for that reason, wife is finding it difficult to get services of lawyer at place `S' - If..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Quantum of sentence - Minimum sentence provided for offence u/s 376 IPC is 7 years and maximum sentence is 10 years or life imprisonment - Though trial Court while awarding life imprisonment of accused opined that maximum sentence of life is awarded to accused, as he being Sarpanch..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Claimed by stepmother - Stepmother who has a child is not entitled to get maintenance allowance from children of her husband in another marriage...........
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..........
