Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 409, 467, 468, 471, 120B -- Interim bail - On the medical grounds of wife of accused - Cheating - Wife of accused advised surgery for Pedicle Screw Fixation - Accused is a person with family ties and is not a flight risk - Nature of prosecution evidence is mostly documentary in nature,..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Family Court granted interim maintenance to wife without seeking affidavits of assets and liabilities from rival parties - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Order allowing interim maintenance set aside - Matter remanded...........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Motive - Prosecution has enough evidence to hold that accused had the clear motive to eliminate deceased - An illicit/incestuous relationship between A-1 and A-2 had become known to deceased and her family and she had become a stumbling block in the relationship which swelled the common..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Medical evidence - Deceased appeared to have died of compression over neck - Medical record clearly establishes that deceased had died due to external injuries, which could not have been a natural consequence of consuming paint, as alleged by accused - Presence of accused at the time and place..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Provisions of CPC are applicable to proceedings before Family Court and thus Family Court has jurisdiction to entertain an application U.O.9.R.13 CPC...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties after marriage migrated to USA - Appearance of parties through video conferencing - Insistence by Family Court that petitioner and respondent to appear from Indian Embassy and in presence of Embassy officials - Not proper - Fact that parties have separated and that there is no chance for reunion..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Order granting maintenance - Execution - Jurisdiction of Family Court - Family Court had complete jurisdiction to entertain the execution application even though order granting maintenance was passed by Magistrate...........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
