Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Wife suffering from malignant cancer prior to her marriage - Disease and its nature were well known to wife and said fact was not disclosed to husband prior to marriage - Husband repeatedly asserted that had the disease of wife been disclosed to him prior to marriage he would not have given his consent..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Within three months of marriage - Torture and harassment - No specific instances of any torture by accused to deceased - No complaint ever lodged with police or with Panchayat - Allegations levelled general in nature - No categoric evidence to prove that accused persons abetted deceased to commit..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Petition decided ex parte for non filing of reply by wife - Moreover, wife had herself deserted her husband without any reason and rhyme - Order allowing application, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental and physical cruelty - Petition by husband - Evidence on record shows that mental cruelty by wife is not of such nature that it is impossible to live with her - Neither injury report was produced by husband nor any witness claim who had seen wife assaulting husband - All witnesses are hearsay witnesses -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left matrimonial home on 5-6-2008 - Petition for divorce filed on 30-6-2008 - Continuous period of not less than 2 years immediately on presentation of petition not completed - Divorce petition not maintainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty without specific particulars with regard to time, date and manner of committing cruelty cannot form cruelty in strict sense...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere coldness and lack of affection cannot amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of criminal cases is not sufficient to construe an act of cruelty unless and until such cases are found to be false...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Use of liquor on some occasion cannot be held to be a continuing misconduct on the part of husband - No allegation has come forth to highlight antecedent behavior of husband in the context of use of liquor or narcotics, rather evidence of PW3 is in consonance with stand of husband, which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 354-A, 392, 323, 294, 506-B, 34 IPC - Allegation of molestation and looting of amount from complainant against accused - First incident of molestation happened at the time of engagement of brother-i, law of complainant and second looting of amount at the time of marriage - Prima facie..........
