Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - It is always dependent upon factual situation - Court should, therefore, mould the claim for maintenance determining quantum based on various factors brought before Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died within 3 years of her marriage in her matrimonial home due to administration of poison - Post-mortem and burial of deceased conducted in the presence of family members of deceased and they did not raise any doubt about death of deceased at that time - However, after 20 days of incident..........
Evidence Act, 1872, Section 113B -- Suicide - Presumption - Merely because a married woman commits suicide within seven years of her marriage, presumption u/s 113-A of the Act, would not automatically apply - Such presumption being discretionary in nature is attracted having regard to all other facts and circumstances of the case...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Notaries Public Act, 1952, Section 8, Notaries Public Act, 1952, Rule 11(8) -- Marriage - Notary certificate of marriage - Not a valid proof of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Home visit report of counselor to hold that wife was living with other person as his wife not proved - Notary certificate of marriage of wife with one `U' not a valid proof of marriage - Justifiable reason for wife to live separately from husband - Since wife has no sufficient means to maintain..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Cannot be denied merely on ground that wife is living separately from her husband, particularly, when wife specifically pleaded that husband solemnized second marriage and for that reason it is not possible for her to reside with him...........
