Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband admitted that wife and his son is living separately at her parental home for the last two years and maintenance and educational expenses of son is born by her parents - Gross salary of husband is Rs.97,227 p.m - However, trial Court after taking into account the various..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife detached herself from husband, on account of his incapacity to beget the children and decided to leave him and snapped their matrimonial relationship - Such withdrawal of wife from the matrimonial relationship unilaterally without any reason or basis thereby depriving husband of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife detached herself from husband, on account of his incapacity to beget the children and decided to leave him and snapped their matrimonial relationship - Such withdrawal of wife from the matrimonial relationship unilaterally without any reason or basis thereby depriving husband of..........
Service -- Armed service - Discharge - On the ground of suffering from HIV+ve - Appellant prematurely discharged from service on the basis of wrong diagnosis that he was suffering from AIDS defining illness - He was diagnosed with neuro tuberculosis which diagnosis was without examination by a neurologist - Respondents have deliberately tried to cover up wrong diagnosis..........
Medical education -- Cancellation of admission to MBBS - State quota - Appellant and his parents are domicile of the State of Maharashtra - Appellant's father is serving in BSF and owing to deployment of his father outside the State of Maharashtra, appellant passed his SSC and HSC exams from an institution outside the State of Maharashtra - Appellant is qualified to seek..........
Agreement to sell -- Specific performance - Grant of specific performance of agreement is an equitable relief which can be refused by Court after taking into account, all the surrounding circumstances...........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Compelling a married woman to leave her matrimonial house and to live in her parental home on account of less dowry would certainly traumatize the woman amounting to mental cruelty...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Once wife is staying at her parental home on account of ousting from her matrimonial house on account of less dowry is held to be a cruelty, then it would become a continuous offence and every day would give a fresh cause of action - FIR cannot be..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - Specific allegations against husband that he was harassing wife physically and mentally on account of demand of Rs.10 lacs - He was also in the habit of assaulting wife - Wife also has been turned out of her..........
