Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband is a Branch Manager working in SBI receiving salary of more than Rs.1 lakh pm - Family Court rightly awarded Rs.15,000 pm to wife and Rs.10,000 pm to daughter...........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Aggravated sexual assault on 11 years old girl - Accused touched the body of child, chest and tried to remove her dress, which discloses his criminal intention - Sexual assault can be gathered from his act only - Moreover, accused is none other than friend of brother of victim girl being conversant..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Motive - Deceased instituted partition suit against his brother/A-9 and said suit was decreed in favour of deceased - It was annoyance with said litigation that A-9 and his family members decided to do away deceased and his family members for which they took help of their friends A-4, A-5 and A-7 - There was thus, clear..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Testimony of two injured eye witnesses - All the accused initially assembled in front of house of deceased and first two of them arrived and later rest of them came in auto rickshaw - They were armed with weapons especially choppers and thereafter trespassed into the house of deceased - PW3 and PW4 are eye witnesses who..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Acts of indifferent, non-accommodative nature, constant taunts on the husband's financial capacity, disrupting family relations and an extremely disrespectful attitude of wife is per se a conduct that would cause disquiet in the mind of husband - Such constant bickering and..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Family Courts Act, 1984, Section 7(1)Explanation(d) -- Marital relationship - Relationship based on the agreement cannot be termed as marital relationship so as to bring the disputes arising out of or in relation to relationship within ambit of S.7(1) Explanation (d) of the Act...........
Family Courts Act, 1984, Section 7(1)Explanation(d) -- Expression `circumstances' includes - all circumstances surrounding, preceding and closely following the principal event of marriage and eventualities surrounding the same...........
