Evidence Act, 1872, Section 114(g) -- Adverse inference - Murder of wife by husband - Possibility of children present in the house at the time of murder not ruled out - Non examination of any children - Adverse inference drawn that had the children been examined they would not have supported the case of prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Accused himself went to police station and reported incident including motive for murder - Two public persons were present there - Not a extra judicial confession - Trial Court finding that since deceased was murdered in her matrimonial house, S.106 of Evidence Act made it incumbent upon accused to furnish..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce petition by husband on ground that there has no restitution of conjugal rights after passing of decree of restitution of conjugal rights - Husband himself disobeyed order of Court and did not allow wife to join him and lead marital life - Wife was always reading and willing to join company of husband - This was so..........
Indian Penal Code, 1860, Section 302, 307 -- Murder and Attempt to murder - Accused assaulting his brother and wife of brother with axe resulting in the death of brother and causing grievous injuries to his wife - Accused admitted his presence at the place of incidence at the relevant time - Nothing in the statements of eye witnesses to discredit their testimony in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Ground of cruelty - Allegations that wife caused mental agony by her adamant attitude and behavior and her leaving to her parents home very frequently, having more interest towards money and causing harassment - Allegation denied by wife - Divorce petition dismissed - Section 13 of the act names..........
Indian Penal Code, 1860, Section 498A -- Husband treated his wife with cruelty on account of demand for additional dowry - Evidence of village elder examined as prosecution witness did not disclose any dispute between accused and complainant wife about additional dowry - Complainant admitted that she did not inform her parents for three years - Reasons assigned for the..........
Protection of Women from Domestic Violence Act, 2005, Section 12(1), 17, 19(1)(d), 19(1)(f), Hindu Marriage Act, 1955, Section 9, 24 -- Estranged wife living in the house of her husband along with her daughter - House under mortgage with the bank against loan - Petition by wife under Domestic Violence Act and Hindu Marriage Act - Held, (a) Husband to provide the wife..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Husband sought divorce on ground of cruelty - Wife living away from husband - Held, it does not warrant an inference that she was refusing to have sex with husband with a view to treat him with cruelty - Hence, divorce on these allegations of alleged cruelty cannot be granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to prove the fact that wife has deserted him and she is residing without any proper, just and reasonable cause in her parental home - Not proved that period of two years of desertion has elapsed prior to filing of the petition - Nothing on record to gather that husband..........
