Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Compensation - Wife claiming compensation of Rs.20 lakhs for loss of life of her husband and also claiming medical expenses from family members of husband as they suppressed the material fact of mental disorder of husband - No material to show that husband was not sound prior to..........
Motor Vehicles Act, 1988, Section 166 -- Motor accident - Permanent disability - Compensation - Loss of enjoyment of life and marriage prospects - Held, appellant entitled to compensation of Rs.3,00,000/- under this head...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Conviction - Validity - Deceased due to continuous ill-treatment alleged to have poured kerosene oil on her person and set herself on fire - Dying declaration recorded before Executive Magistrate soon after occurrence, reliable and corroborated by medical evidence and evidence of other witnesses..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Deceased died due to consumption of pesticide within seven years of her marriage - Sufficient material on record which shows that accused persons started demanding television and gold chain etc. after marriage - Persistent demand for dowry and continuous torture,..........
Motor Vehicles Act, 1988, Section 166 -- Motor accident - Compensation - Loss of marriage prospects - Appellant's left leg got amputated in accident - He suffered 60% permanent disability - He was a bachelor of 24 years of age - Held, appellant entitled to Rs.1,00,000/- under head `loss of marriage prospects'...........
Indian Penal Code, 1860, Section 493 -- Deceitful cohabitation - Promise of marriage - Evidence on record does not show that accused practiced any deceit which made the deceased to believe that she was lawfully married to him and in pursuance of the same they cohabited or had sexual intercourse - Ingredients of S.493 IPC not attracted - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Dismissal of petition filed by wife - Appeal against - Non payment of maintenance pendente lite fixed by appellate Court - Defence of husband struck down - Allegation of wife regarding cruelty accepted and according wife, held, entitled to a decree of divorce...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Settlement arrived at between parties whereby they decided to dissolve marriage with their own free will - Wife agreed to withdraw criminal proceedings u/s 498-A IPC against husband - Continuation of proceedings against husband would be abuse of process..........
Civil Procedure Code, 1908, Section 13, 11, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13 -- Divorce - Foreign judgment - Rejection of plaint on grounds u/ss 11 & 13 CPC - Principles summarized with a word of caution that they should be applied on a case to case basis...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife lodged a complaint for dowry demand but did not pursue the complaint - Held, merely because wife did not pursue the complaint that act does not amount to cruelty so as to seek a decree for divorce...........
