Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation leveled against husband of having illicit relationship - Wife failed to substantiate the same in any manner - Held, such allegations made by wife have caused mental cruelty to husband - He is entitled to a decree of divorce...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Execution - Main petition u/s 9 of the Act dismissed as withdrawn - Order granting maintenance pendente lite attained finality - Held, order of maintenance cannot be challenged in the execution proceedings initiated by wife for execution of the said order...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Can be granted during pendency of any matrimonial proceedings under the Act irrespective of whether the marriage between parties was valid or void - Maintenance pendente lite can be awarded even if subsequently the petition is allowed and marriage between parties is held to be null and void...........
Indian Penal Code, 1860, Section 304(Part I, II) - - Nature of offence - Marriage ceremony - Firing from gun to celebrate the marriage ceremony - Due to negligent firing a cartridge hit the neck of deceased - There were three other persons in the ceremony who were firing their gun - It is not possible to attribute the act of killing to the appellant - No evidence that..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Suicide within seven years of marriage - Deceased was subjected to cruelty and harassment as a result of such treatment of cruelty and harassment deceased was driven to meet the suicidal death - Court rightly presumed, having regard to all other circumstances of the case, that such suicide has been..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Conviction of husband and his parents - Death within seven years of marriage in matrimonial home - Demand of dowry was also made two days prior to occurrence by husband - Maltreatment and harassment on ground of demand of dowry had been given soon before the occurrence - No interference in conviction of husband -..........
Civil Procedure Code, 1908, Order 41, Rule 23, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Appellate Court - Failure to consider relevant material - Effect - Principal Judge failed to discuss evidence of wife including her cross-examination before holding that she had left matrimonial home without reasonable cause - Held, decision making process of appellate Court..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Assessment of income on the basis of income tax returns - Income tax returns that have been produced are documents of assessments by the income tax authorities - Presumption of truth attaches to them though it is rebuttable but it cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife had a job in Pune and agreed to get herself transferred to Mumbai after marriage - Contention of husband that her failure and refusal to abide by her commitment pertaining to transfer to Mumbai amounts to cruelty - Held, her evidence appears to be straightforward and honest - Why she did not apply for..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Dissolution of marriage - Irretrievable broken down of marriage - Held, statute does not permit a Court to dissolve a marriage on account of its irretrievable breakdown - This may be done by Supreme Court in exercise of its powers and jurisdiction u/Art.142 of Constitution of India...........
