Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Parties have been living separately since 2010 for nearly 15 years - There is no possibility of reconciliation between parties - Neither party has shown any inclination to resolve their differences - Moreover, husband remarried in 2017 - There is thus, no purpose in continuing legal relationship between parties -..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Burden of proof - In a proceedings u/s 12 of the Act, burden lies heavily on husband to prove the foundational facts justifying annulment of marriage - Non-appearance of wife does not amount to admission of allegations and husband must discharge the legal burden of proof..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Husband alleged that wife was suffering from a serious mental illness namely Schizophrenia, even prior to marriage and that same was knowingly concealed by wife and her family members - However, no certificate of diagnosis or any clinical record produced on record that can..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased stated in her dying declaration that in the fire incident which happened in early morning she as well as her children and husband sustained burn injuries - It happened as while sleeping on the previous night gas regulator was not properly closed as a result of which all suffered burn..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Husband filed divorce petition on basis of marriage being valid - However, by way of amendment husband sought additional grounds and plea of marriage declared to be void - Application does not seek amendments to be as alternative reliefs but as substantive prayers but without deleting earlier ones -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of record - Mere allegation accused removed data from his mobile phone while in police custody, in and of itself, is no ground to deny preservation of data and information requested in application, especially when accused had filed complaint alleging that complainant`s husband forcibly destroyed data from his phone...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object and purpose of provisions contained in S.24 of the Act is to provide immediate relief to wife or husband, as the case may be, in any proceedings initiated under Hindu Marriage Act...........
Mahomedan law -- Will - Suspicious circumstances - Will executed in favour of husband of step sister of testator - Therefore, it cannot be said that he is a stranger to family of testator - Even otherwise, though in Mahomedan law bequest in favour of a stranger to the extent of more than 1/3rd of property owned by testator is not valid, however, in the absence of all..........
