Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Aggrieved person - Wife already married to other person at the time of marriage with respondent/husband - Though earlier marriage of wife got dissolved by way of compromise, which was attested by Notary Public, but said manner is not legally acceptable - Moreover, marriage between wife and..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - Allegation against husband and i, laws of deceased - General allegation of demanding dowry was made against accused persons - No specific role assigned to any of accused - Though deceased died within 3 years of her marriage but there is no evidence on record to show that death of deceased was..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of 6 months statutory period - Parties stayed together only 2-3 days after marriage - Due to certain difference of opinion relation interse between parties is not cordial - Even, conciliation proceedings failed to reunite parties - Application for divorce filed on Feb, 2018 and another application..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Entrustment of streedhan - Marriage between parties dissolved by USA Court - Husband came to India to avoid liability of maintenance as imposed by USA Court - No cogent material on record that accused while in India harassed or humiliated complainant on account of demand of dowry or treated her in such a manner..........
Hindu Marriage Act, 1955, Section 13B, 13 -- Divorce by mutual consent - Compromise during pendency of appeal filed against dismissal of petition for divorce - Petition for divorce by mutual consent filed - Appeal ordered to be converted into petition for divorce by mutual consent - Statement of parties recorded - Six months waiting period waived in view of the fact that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Actual probable reason for matrimonial discord between parties is one girl, but unfortunately neither party laid any foundation in their pleadings regarding said girl - Husband did not plead that wife started alleging against him that he was having some relations with said girl,..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree of restitution of conjugal rights in favour of husband - Non-resumption of cohabitation between couple due to failure of wife to abide decree - Decree for restitution of conjugal rights is not executable decree - Wife cannot be compelled to live with husband - Divorce granted to husband...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 26 -- Interim maintenance - During pendency of proceedings relating to dissolution of marriage under Dissolution of Muslim Marriage Act - Maintainability - Claim of interim maintenance filed by wife cannot be said to be completely alien to provisions under which she has approached Court by way of main..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 26 -- Interim maintenance - Divorced Muslim wife - Husband pronounced Talaq - However, factum of Talaq not proved by husband and merely because Talaqnama is tendered in Court, marriage cannot be said to have been dissolved - Even otherwise, if marriage between parties is dissolved, husband cannot completely..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was a drunkard and a gambler - Under influence of alcohol husband used to ill-treat wife - If a husband picks up a knife and indiscriminately started yielding knife, injuring his wife, her parents and brother who intervened to save her, that itself would constitute cruelty of kind..........
