Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - For the purpose of getting maintenance u/s 125 Cr.P.C. (S.144 BNSS), if a woman was earlier married to another person, there has to be reasonable proof that said marriage has been dissolved followed by marriage to person from whom she seeks maintenance...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Allegation that two grown up persons had forcibly taken away a 19 years old girl and both of them committed rape upon her - However, medical evidence failed to support prosecution case though she was examined on the very next day of occurrence - Victim never stated in her evidence as to who amongst appellants had first..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - In order to bring a case within the purview of S.295-A IPC manner of publication is to be seen - Words published must be such as are bound to be regarded by any reasonable man to be offensive and provocative and made with intent to maliciously and deliberately outraging feelings of any class of citizens of..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Petitioner is a religious preacher and discourse by petitioner clearly appears to have been made with an intention to encourage his disciples to take the name of God - No mala fide can be attributed to petitioner and utterances attributed to him cannot be said to have been made with deliberate and malicious..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife had been studying and had completed her LLB in 2024 - Prima facie her claim towards education expenses is made out - Husband failed to prove that wife had any source of income or she is engaged in any form of profitable employment - Maintenance @ Rs.3500 rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If a wife by her own acts or omissions, causes or contributes to incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Criminal Act committed by brother and father of wife which rendered husband incapable of earning and left him without sufficient means - Interim maintenance rightly declined...........
