Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Causing mental torture to the extent that it becomes unbearable may be termed as cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(iii) -- Divorce - Cruelty - Petition by husband - Husband stated that he learned about the birth of his child only 4-5 days later and he did not visit the child - This conduct of husband shows his own negligent attitude towards both his child and his wife - Witnesses examined on the side of husband are interested witnesses..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife set herself on fire and later put a blame on relatives of husband - This dreadful act itself is sufficient to hold that she has committed mental cruelty with husband - Divorce granted...........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Husband alleged that wife was suffering from a serious mental illness namely Schizophrenia, even prior to marriage and that same was knowingly concealed by wife and her family members - However, no certificate of diagnosis or any clinical record produced on record that can..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Occasional refusal to perform marital obligation is not sufficient to attract mental cruelty in ordinary wear and tear of married life - To establish such cruelty there must be persistent refusal to have sexual relationship...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14(3), 15 -- Preliminary assessment - JJ Board is required to see physical capacity and mental capacity and circumstances in which offence was committed...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14(3), 15 -- Preliminary assessment - JJ Board is to determine mental and physical capacity of petitioner to commit crime - Mere fact that documents were not forwarded to Medical Board cannot lead to an inference that report issued by Medical Board was bad...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Matrimonial dispute -- Unconditional public apology by wife - Husband remained in jail for a period of 109 days and his father for 103 days and the entire family suffered physical and mental trauma and harassment due to cases filed by wife - What they have suffered cannot be resituated or compensated in any manner - However, wife and her parents shall tender an..........
