Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife living separately in her independent house acquired by her in her own name with her daughter, providing free access to husband to visit them - Neither wife living with her parents nor with her i, laws - Husband admitted his visiting wife and cohabited till..........
Family Courts Act, 1984, Section 7(1) -- Jurisdiction - Custody of minor - As per s.7(1) Exp.(g), Family Court has jurisdiction to decide a suit or proceeding in relation to guardianship or custody or access to any minor, even if the same is initiated by person other than husband and wife - Hence, Family Court has jurisdiction to decide the suit filed by grand parents,..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape of 18 years old girl - Taking prosecutrix forcibly on scooter to bus stand and from there to Naina Devi temple - No alarm raised by prosecutrix even though visiting different places on scooter and on public transport - No signs of any force was seen by medical officer and there was no external or internal..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances like wife not accompanying husband to attend social gathering, not sharing bedroom with him, not preparing food for family or finding excuses not to maintain sexual relations with him, visiting parent's house with children during their vacation or her relations visiting her in matrimonial home -..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Child custody - Denial of visiting rights to father - Visitation rights cannot be denied to father, whatever be the background of case - Mother directed to produce the child in Family Court and permit the child to interact with father - It would be open to grandparents also to be present along with father - In view of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive - Deceased gave money to husband of accused for a job aboard - No money given to accused - Husband of accused neither examined nor arrayed as an accused - Source of money not clear - Purpose of deceased visiting house of accused was to demand money paid to her husband - However, in the..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Divorce between parties - Permanent custody of child given to mother with visiting rights to father - However, after interacting with child, arrangement as to custody is varied and child would be given in custody of father once in fortnight from 10.00 a.m. to 5.00 p.m., as child needs both father and mother - Said..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A, 29, 37 -- Anticipatory bail - Recovery of 75.370 kg of ketamine hydrochloride, 20 kg of Alprazolam hydrochloride, both psychotropic substance under the Act and 6000 tablets containing pseudoephedrine hydrochloride, a controlled substance under the Act - Over and..........
Indian Penal Code, 1860, Section 376 -- Rape of blind girl aged 18 years - Identification of accused - Accused committed rape upon prosecutrix a blind girl on the pretext of marriage - Prosecutrix narrated the entire incident and manner in which she was subjected to sexual abuse - When prosecutrix became pregnant accused stopped visiting her house - Prosecutrix though..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual intercourse - Delay in lodging FIR not explained - Husband of prosecutrix and accused were friends for the last 14/15 years - Accused had visiting terms at the victim's residence and had stayed overnight there on various occasions - Prosecutrix had no ulterior motive to implicate accused to have physical relations..........
