Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - After passing of decree of divorce by mutual consent - Wife narrated the financial status of husband in her affidavit before Court and she prayed to keep open issue of permanent alimony for its consideration later on - Trial Court could have granted opportunity of hearing to both the parties on the issue of..........
Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Transfer of further investigation to CBI - Conduct of investigating authorities from stage of arriving at scene of occurrence to filing of charge sheet do not inspire confidence in robustness of process - Status of accused as properties and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order u/s 125 Cr.P.C does not finally determine status, rights and obligations of parties and it only provides for maintenance of indigent wives, children and parents...........
Indian Penal Code, 1860, Section 499, 500, 501, Criminal Procedure Code, 1973, Section 199 -- Defamation - `Aggrieved person' - Complainant who is not a `family member' or a `near relative' of person against whom defamatory statements were made, cannot unilaterally assume unto himself status of a `aggrieved person', whereby he can assert that his feelings were hurt and..........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Proviso - Adoption by Hindu Male - Consent of wife - Mere estrangement between man and wife without disruption of marital status in accordance with law which may either be by a decree for divorce or annulment or by death of wife, would not take case out of mischief of S.7 Proviso of the Act, requiring wife's consent..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Plaintiff in occupation and possession of ground floor - Restraining co-sharers from dispossessing plaintiff from ground floor - In a suit for partition, right and status of a co-sharer should be maintained - Parties to maintain status quo with regard to possession of plaintiff in..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
