Hindu Marriage Act, 1955, Section 27 -- Divorce petition by husband - Wife seeking return of dowry articles - Dispute about dowry articles as husband alleged that wife already taken away part of it - Held, matter of return of dowry articles to be decided in the execution case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Petition for divorce by husband on ground of cruelty - Husband, his mother and near relations arrested in a criminal case got registered by wife under section 498-A IPC - All acquitted in a criminal case on the ground that complainant's own testimony falsified prosecution case - Held, embarrassment, humiliation and suffering..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Girl child of 8 years - Both spouses earning in the range of Rs.5, 000/- to Rs.7, 000/- per month - Child living with mother - Appellant directed to pay Rs.3, 00, 000/- by way of permanent alimony for maintenance of child - Amount directed to be kept in fixed deposit...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6 -- Divorce - Both the parties prayed for the same relief of divorce - Court does not get jurisdiction to pass a decree U.O.12.R.6 CPC - Court has to follow mandatory provision of S.23(1)(a) of the Act and record satisfaction which is a condition precedent for passing a decree of divorce...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Not a ground for passing a decree of divorce...........
Indian Penal Code, 1860, Section 306 -- Deceased a young girl aged 24 years committed suicide within four and half years of marriage - Evidence of maltreatment, harassment and beating at hands of accused - Accused created such surcharged atmosphere that victim could not convince herself to be a good wife - Held, accused abetted commission of suicide as abetment to suicide..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Deceased a young girl aged 24 years committed suicide within four and half years of marriage - No specific allegations leveled as to what dowry was demanded and given at the time of marriage and what was the demand later on which led to her death - Held, presumption u/s 113-B of Evidence Act not..........
Protection of Woman From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Plea that aggrieved wife was already married and during subsistence of that marriage married the petitioner - Certified copy of marriage certificate of earlier marriage filed - Magistrate rejected prayer of husband by holding that marriage certificate is not a conclusive proof of..........
Special Marriage Act, 1954, Section 13, 16 -- Registration of marriage celebrated in other forms - Certificate issued u/s 13 of he Act - Certificate is issued after fulfilling all conditions required under the Act - It assumes characteristic of conclusive evidence that marriage was solemnized - However, certificate issued u/s 16 of the Act is not conclusive evidentiary..........
Indian Penal Code, 1860, Section 343, 366, 354, 34 -- Kidnapping and forcible marriage - Van in which kidnapping took place not recovered - Particulars of owner not mentioned - Van number different according to mahazar and prosecution evidence - Incident took place at the time and place where people frequently walk - If victim wanted to raise alarm it could have alerted..........
