Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - May be physical or mental - Whether a spouse is inflicted with physical cruelty or not, can be judged on the basis of direct evidence - Whereas mental cruelty is to be inferred on analyzing the factual matrix of each case and drawing conclusion thereon...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Evidence on record that wife married respondent after taking divorce from her first husband - Attitude of wife towards husband and his family members was not cordial from very beginning - Wife treated husband with cruelty by forcing him to live separately from his parents and by implicating him and his..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Since wife concealed the fact that she is a government servant and earning Rs.30,000 p.m, she is not entitled to maintenance pendente lite as she has sufficient source of income to maintain herself - Application dismissed...........
Will -- Suspicious circumstances - Testator can always alter the line of succession by bequeathing the property to third person but while doing so there has to be a specific reason for the same - Admittedly contents of Will in question do not spell out the intention of testatrix or indicate that what special love and affection she had for plaintiff which led her to not..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 12 -- Transfer of petition filed by husband - Two cases at the instance of wife already pending in a Court at place `A' - Petition filed by husband at place `P' is just to humiliate, harass and dwarf the wife - Petition filed by husband ordered to be transferred to Court at place `A'...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased died within 5 months of her marriage - PWs stated that deceased complained to her family members regarding taunts and demand of dowry by accused persons - Incidents of cruelty or harassment in connection with dowry demand occurred `soon before her death' as deceased died within 5 months of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased died within 5 months of her marriage - Defence of accused that deceased first consumed poison and then on being apprehensive of her death, she set herself on fire, proved wrong as any reasonable man would try to save his wife by taking her to nearest hospital and would not wait for her to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband alleges that conduct of wife is cruel against him - Although evidence on record shows that it was husband who has been cruel and abusive towards wife - Wife filed a petition u/s 125 Cr.P.C. which was pending at the time of present petition and husband despite of being fully aware of it, opted to..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Demand of necklace - Accused bearing expenditure of marriage of girl side with his son - There cannot be a question of demand of necklace...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased stated in her dying declarations that her i, laws demanded necklace and under the compulsion and pressure she burnt himself - Dying declarations are not proved on record - None of prosecution witness stated that there was any quarrel between deceased and her i, laws - Evidence on record..........
