Hindu Marriage Act, 1955, Section 25 -- Maintenance - Grant of Rs.30,000/- P.M. to wife and child affirmed - However, taking into consideration the age of child being 13 years and escalation in living expenses and increasing costs associated with education, monthly maintenance enhanced to Rs.40,000/- from the date of order of High Court...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making allegations against spouse in written statement may constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Sole ground of not taking care of in-laws by wife not sufficient to prove ground of cruelty since in-laws had already died way back before filing of divorce petition - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - There can be desertion without previous cohabitation by parties or without marriage having been consummated - Person who actually withdraws from cohabitation is not necessarily deserting party - Fact that a husband makes an allowance to a wife whom he has abandoned is no answer to a charge of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing offence...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a spouse abandons other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - For offence of desertion, two essential conditions must be there so far as deserting spouse is concerned i.e (i) factum of separation; and (2) intention to bring cohabitation permanently to an end - Similarly, two elements are essential so far as deserted spouse is concerned i.e: (i) absence of consent;..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - No evidence produced by husband to prove element of desertion showing that wife has left her matrimonial house - Ground of desertion not proved - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Prosecutrix went with accused on his scooty and travelled various places i.e more than 100 kms and she must have crossed number of populated area and police posts but she did not raise any hue and cry qua her kidnapping - She also stayed in two hotels, where also she did not raise any alarm qua..........
