Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Proof - Prosecution has successfully proved that deceased died within 7 years of her marriage - Death of deceased is caused by burns i.e. nor under normal circumstances - It has also been proved that soon before her death, during her pregnancy deceased was subjected to cruelty and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Married life should be assessed as a whole - Few isolated instances over certain period will not amount to cruelty - Only sustained unjustified and reprehensible conduct affecting physical and mental health of other spouse may lead to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Vague and general allegations of cruelty - Actual acts of cruelty by wife or her relatives not stated - Details as to manner and date when wife allegedly ill treated husband not given - Husband has not examined any person to show that there was harassment at his work place - No material on record to show..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left the company of husband - No evidence that husband wrote a letter to wife asking her to join his company for cohabitation - Ground relating to desertion is also vague as no evidence to support the same...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stayed at her matrimonial home for about 15 days as she was mal-treated, harassed and black magic applied on her by husband and her i, laws - She became apprehensive of being unsafe in her matrimonial home which caused her to live separately - No report of cruelty and demand..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Suicide in matrimonial home in about a year and three months of marriage - Neither victim nor her family members ever lodged any complaint against appellants for harassment or cruelty meted out to victim - Allegations are unspecific, uncertain and vague - Investigation is defective - Statements given by PWs are..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of 6 months period - Family Court has no power to waive period of six months prescribed in S.13B(2) of Act and allow the parties to make the motion before expiry of said period...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Deserting spouse - Two essential conditions are : (i) the factum of separation and (ii) the intention to bring co-habitation permanently to an end, animus deserendi - Similarly, two elements are essential so far as the deserted spouse is concerned, viz., (i) the absence of consent and (ii) the absence of conduct..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Burden of proof is on the petitioner - Even if deserting spouse does not prove just cause for living apart, deserted spouse had still to satisfy Court that desertion was without cause...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Words `not less than two years' - Suggests that this is the minimum requirement for presentation of petition on the ground of desertion but no maximum period has been laid down within which petition must be presented - It is for the deserted spouse to determine the period after which she should seek a..........
