Special Marriage Act, 1954, Section 38 -- Interim Maintenance to daughter - Assessment of income - Husband produced income tax returns of the last 3 years showing his income to be around Rs.1,80,000/- p.a. - Held, income tax return do not reflect true income of parties and Court has to assess income on basis of documentary evidence - Profile of husband filed on Jeevan..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Interim maintenance to wife and minor child - Wife and her minor child are to be maintained by husband, in the absence of denial of existence of marriage and denial of paternity of minor child - Both the parents have legal, moral and social duty to provide to their child the best education and standard..........
Indian Penal Code, 1860, Section 494, 493, 495, 496, 420, 506, 376, Information Technology Act, 2000, Section 67A -- Quashing of supplementary charge sheet filed u/s 376 IPC - Wife came to know about factum of earlier marriage of husband/accused in the year 2014 though parties were married in the year 2009 - Complaint lodged after one year of knowledge of previous marriage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife had no intention to cohabit with husband - However, it is specifically stated in the divorce petition that wife left matrimonial home at the stage of pregnancy and subsequently she delivered a female child - If really such allegation is true, wife would not have..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - Act of wife to file FIR and get husband arrested and subsequently during divorce proceedings trying to disown the same by stating that police has lodged FIR on its own, proves volumes about act and conduct of wife - Such acts of wife amounts mental cruelty - Marriage..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - As per evidence on record, no list of dowry articles was ever given or attached along with police report - Even, allegation of abortion found incorrect against husband or his family members - Moreover, conduct of wife itself goes long way to prove that she in order to avoid..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - In the instant case, husband and wife shifted from matrimonial home to some other place - Even, then brawl took place in house of parents of husband for which PCR was called and parents of husband has to face harassment and embarrassment before neighbours - Hence, once wife..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - False promise of marriage - Prosecutrix already stood married and without getting it dissolved, insisting upon getting married to accused - She is not only older in age to accused but she is well settled in life and drawing good salary, whereas, accused still a student and had not settled in life - Prosecution failed to..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
