Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition filed by husband on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Cruelty and desertion by wife not proved - There used to be some quarrels between parties which usually occur in family - Four children born out of the wedlock - Shows good relationship of parties -..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Indian Penal Code, 1860, Section 498A, 304B -- Order of acquittal - Sustainability - Sessions Judge gave a categorical finding that death of woman had not occurred within seven years of her marriage - This finding is based on evidence lead by defence - Held, finding does not suffer from any illegality or there is wrong appreciation of evidence - It was duty of prosecution..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of party - When necessary? - Petitioner expressed his inability to be personally present as he is living in UK - No objection from respondent's side for grant of divorce - Held, unless there are suspicious circumstances or any reason to think that averments contained in the affidavit filed by the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Summoning order - Quashing of - Petitioners are married sisters of husband of deceased - They were married even before marriage of their brother and living separately - No specific allegations against petitioners - Held, summoning order liable to be quashed - Petition..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), Indian Penal Code, 1860, Section 307 -- Attempt to Murder - Haryana Good Conduct Prisoners (Temporary Release) Rules 2007, R. 4(2), - Accused convicted and sentence to 3 years R.I. - Parole - Prayed for release on parole to attend his real sisters marriage - If imprisonment is less than 4..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Hindu Marriage Act, 1955, Section 9, 25 -- Restitution of conjugal rights - Relief of permanent alimony - Cannot be granted in absence of claim of such relief in the main petition - Unless appellant gets the main petition amended and ask for substantive relief of permanent alimony, question of granting relief on interlocutory application does not arise...........
Hindu Marriage Act, 1955, Section 13(1)(1A), Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Matrimonial proceedings - Arrears of maintenance - Power of Court - Held, Court has discretionary power to ask defaulter husband to clear arrears due in one petition while entertaining other matrimonial proceedings - No hyper-technical approach can be taken by Judge but..........
