Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband possessed of income not less than at least Rs.2.5 lakhs per month - Wife not earning any income - Wife not likely to get employment in the near future - Wife has to take care of her son as well as to maintain herself - Maintenance pendente lite granted Rs.50,000/- (Rs.30,000/- to the wife and..........
Indian Penal Code, 1860, Section 498A, 307 -- Offence u/ss 498-A, 307 IPC - Acquittal by trial court - Revision against - Held, as there are number of reasons cited by trial court for acquitting the accused and on those grounds itself, the revision is liable to be dismissed - The grounds of acquittal are : (i) second marriage of victim during subsistence of her first..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - May be mental or physical, intentional or unintentional - It is the conduct in relation to or in respect of matrimonial duties and obligations - Conduct complained of must be "grave and weighty" so as to come to a conclusion that spouse cannot be reasonably expected to live with the other spouse - It must be more..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - It is necessary to prove two elements - (i) absence of consent; (ii) absence of conduct giving reasonable cause to the spouse to leave the matrimonial home to form the necessary intention...........
Indian Penal Code, 1860, Section 304B -- Dowry death - `Soon before' - Deceased died otherwise than under normal circumstances in her husband's house within 3 months and 4 days of marriage - Evidence on record shows that after marriage deceased was unhappy in matrimonial house because of ill-treatment meted out to her - Cruelty was spread over short period covering date of..........
Dowry Prohibition Act, 1961, Section 2, Indian Penal Code, 1860, Section 304B -- Dowry - Demand of Rs.60,000/- for business of accused husband - Evidence on record shows that accused was unhappy over quantity and quality of dowry received - Words `insufficient and inferior' indicate that transaction of giving dowry was not complete - Insufficient dowry given to accused was..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Accused No.2 maternal uncle of husband convicted while husband and his father acquitted - Wife set herself on fire and committed suicide - In dying declaration wife had not stated that accused No.2 was interfering with affairs of her matrimonial home - Evidence showed that accused No.2 had neither demanded dowry..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption as to - Deceased died within seven years of marriage - Held, presumptions u/s.304B IPC and S.113B of Evidence Act, 1872 are attracted - It is for appellant to rebut it...........
Indian Penal Code, 1860, Section 304B -- Evidence Act, 1872, S.113-B - Dowry death - Burden of proof - Held, initial burden of proving death of a woman within seven years of her marriage in circumstances that are not normal is on prosecution - Such death should be in connection with or for a demand of dowry which is accompanied by such cruelty or harassment that eventually..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Pre-existing order under Criminal Procedure Code for payment of maintenance, does not oust the jurisdiction of Civil Court to allow maintenance pendente lite u/s 24 of the Act...........
