Custody of child -- Claimed by parents - Writ of habeas corpus - Corpus is major and she with free will and volition voluntarily married respondent No.7 after attaining majority and she has expressed her intention to live and stay with him only - She persisted on her decision to live with respondent No.7 who is her husband - It cannot be said that she has been illegally..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is M.Com. - Though income of husband is increased from Rs.20,000 p.m to Rs.25,900 p.m however, if enhanced amount of maintenance is seen, same is more than double from what was earlier granted to wife and child - Considering responsibility of husband, towards his ailing mother as well as considering..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - Where names of relatives of husband in matrimonial disputes are mentioned without there being any specific and substantiated allegations indicating their active role, same amounts to misuse of criminal process...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegations like failure to beget children, ill treatment or cruelty from the end of wife, when seen in the light of husband seeking wife to join matrimonial home creates any amount of clouds and doubt over such allegations and improbabilizes truth thereof - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Statutory framework does not permit summoning of a person other than husband or wife who remarries for substantive offence u/s 494 IPC - At best and that too subject to specific allegations and proof, such a person could be proceeded against for abetment u/s 109 IPC - In the absence of such foundational allegations,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has been acquitted from charges of offence u/ss 498-A, 406 IPC - Wife thus, falsely implicated and prosecuted husband in a criminal case - Cruelty has been meted out on husband - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 417 IPC - Prosecutrix allegedly induced to go for sexual relationship but they travelled together voluntarily on multiple occasions, stayed together and conducted in the manner akin to husband and wife - Such conduct indicates mutual consent and companionship rather then..........
