Indian Penal Code, 1860, Section 406 -- Stridhan - Non-return of stridhan - No allegation made by wife in divorce proceedings regarding non-return of stridhan - Stridhan articles were already deposited in police station - Subsequent list submitted by wife in 2016 appears to be afterthought, as same was filed after more than 7 years of filing of divorce petition and more..........
Indian Penal Code, 1860, Section 406, 34, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust of stridhan properties - Territorial jurisdiction - Dowry articles were delivered and allegedly retained at place `J' - It is Court at place `J' and not at place `G' having jurisdiction - Order taking cognizance and issuing summons by Court at place `G' set..........
Hindu Marriage Act, 1955, Section 27 -- Stridhan - Wife specifically stated that at the point of her marriage an amount of Rs.1 lakh and various gold and silver articles were given to husband and his family members - Now they are demanding four wheeler car - Husband deserted wife from her matrimonial home and she is residing separately at her parental home under compulsion..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........
Indian Penal Code, 1860, Section 406 -- Entrustment of stridhan - Appeal against acquittal - Leave to appeal - Trial Court after examining statements of witnesses and considering evidence adduced by complainant as well as defence found that there is no case for commission of offence u/s 406 IPC - Entrustment of alleged articles not proved - Finding of trial Court is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Compliant against mother-in-law and husband - Husband having extra marital affair and residing separately from wife - Mother-in-law pressurizing wife to consent for giving divorce to her husband and also retained her..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Allegation that wife expelled from matrimonial home by husband - However, no application for restitution of conjugal rights filed by wife - Rather, she filed civil suit for recovery of dowry items and stridhan - More so, after about one year from said expulsion wife made a report to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Cruelty - Withholding of stridhan of wife by husband amounts to cruelty...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
