Indian Penal Code, 1860, Section 304B -- Dowry Death - Deceased died within 7 years of marriage by consuming insecticide - Husband of deceased residing in Italy - Prosecution allegation that accused demanded Rs.1.00 lac for sending deceased to Italy - Held, such demand does not fall within the meaning of dowry...........
Hindu Marriage Act, 1955, Section 25 -- Wife has no right to continue in possession of the property, which ceased to be a matrimonial home after the divorce except where the decree for divorce itself spells out a right by a matrimonial settlement...........
Hindu Marriage Act, 1955, Section 23(1)(b) -- Cruelty - Condonation - Wife apologised for misconduct - Restored to matrimonial home on the basis thereof - If the restored spouse does not actually mend ways and continues to misbehave even after the restoration to the matrimonial home then apology cannot be taken to be condoned, for all time, on the part of the affected..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Leveling false and unsubstantiated allegation of torture for dowry related demands - Leaving female child at the matrimonial home, leveling false allegations that maturity proceeds of FDR were utilised by husband in his business, filing application u/s 125 Cr.P.C. and to withdraw the..........
Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406 & 498-A IPC - Jurisdiction - Marriage solemnized and dowry articles given at place `R' - Thereafter parties lived for some days at place `L' where acts of cruelty committed - Wife came to place `R' and lodged complaint - Held, Court at place `R' has jurisdiction as in..........
Indian Penal Code, 1860, Section 304B -- Ingredients of the provision of S.304-B IPC are : (a) when the death of a woman is caused by any burns or bodily injury, or (b) occurs otherwise than under normal circumstances (c) and the aforesaid two facts spring within 7 years of girl's marriage (d) and soon before her death, she was subjected to cruelty or harassment by her..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Wife had knowledge of decree of divorce - She did not file any application and had rather concocted a ground that she later came to know about the second marriage - Husband remarried after 5 months of passing of exparte divorce decree - Marriage not unlawful - Application for setting..........
Motor Vehicles Act, 1988, Section 147, 173 -- Compensation award - Enhancement of - Age of deceased is 25 years and monthly income of Rs.1500/- by selling golgappas on rekri - Dependants of deceased are 2 younger brothers and parents, dependency should be Rs.1000/- - Application of multiplier of 3 of for three years and then 8 by Tribunal upon consideration of marriage..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife living in adultery with her husbands brother - Testimony of mother that her second son had illicit relations with appellant-wife and that this relationship was not acceptable to her as a result of which he committed suicide - No mother would defame her son particularly with such an allegation -..........
Indian Penal Code, 1860, Section 363, 366, 376, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 376 and 506 IPC - Husband and wife seeking quashing of FIR - Wife stated in Court that she willingly performed marriage with her husband - Age of wife determined 19 years - Wife found pregnant - Charges framed and four witnesses examined - Trial Court..........
