Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Until a marriage, which is voidable, has been declared a nullity by a decree, the status of wife as the legally wedded wife of opposite party No.2 persists and all the rights that flow from the same continuous...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Concealment of factum of previous marriage of husband - Marriage not declared nullity - In the absence of same denial of relief of maintenance on the incorrect assumption of applicability of S.12(1)(c) of Hindu Marriage Act, 1955, is illegal and perverse...........
Indian Penal Code, 1860, Section 499, 500, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Complaint against public servant to his higher authorities - Complaint not circulated amongst public, relatives or social circle of petitioner - No offence made out - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Respondent who is living separately sought maintenance from her husband and two sons - It is social responsibility of husband and sons to maintain their wife and mother, as invaluable role and care of a mother cannot be compensated, no matter how much her children pay her back in a lifetime - Amount fixed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she was not ready to live with husband is not a proof that she was not willing to live in the company of husband in his village, but it is a statement made in view of subsequent events, i.e. solemnization of marriage by husband with another lady, which stands..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, only prima facie case is to be seen - Meticulous evaluation of evidence is not required...........
