Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Immoral trafficking/sextortion - Where allegations are of sextortion, it is not appropriate to grant anticipatory bail, as it would necessarily cause impediment in effective investigation - Anticipatory bail application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Tamil Nadu Suspension of Sentence Rules, 1982, Rule 2(4) -- Dishonour of cheque - Sentence - Application seeking ordinary leave to accused for 21 days without escort to attend the marriage of his son - However, accused completed the substantive sentence period and he is undergoing the default sentence - As per R.2(4) of Tamil..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband who even after insistence of wife not taking her back in matrimonial home, cannot allege/succeed on the ground of irretrievable breakdown of marriage, even if same is taken as a ground for grant of divorce in the circumstances of case - Divorce petition rightly rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, it is not required for Court to record positive finding that accused is not guilty - Only requirement of law is that Court would look at the material in a broad manner and reasonably see whether accused's..........
Hindu Marriage Act, 1955, Section 28, 13 -- Appeal - Divorce petition - Death of husband during pendency of appeal - Appeal not abated as there are proprietary rights surviving for consideration even on the death of husband - Since matrimonial cruelty necessary for grant of a decree of divorce or desertion with a clear intention to put an end to marriage has not been..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal filed against conviction - Murder case - Accused after committing murder of constable and throwing away his dead body had absconded - Though they were later on arrested but during their arrest they resisted and opened fire on the police party for which a separate case was registered - Accused..........
