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..........
Indian Penal Code, 1860, Section 302, 304B -- Dowry death - Death within three months of marriage in matrimonial home - The only evidence for conviction u/s 302 IPC that accused and deceased stayed in the same house is not sufficient - Conviction u/s 302 IPC set aside - Offence u/s 304-B IPC proved as there was demand of two lacs for expansion of business - Accused..........
Indian Penal Code, 1860, Section 304B -- Necessary ingredients of the provision of S.304-B IPC are : (1) The death of the woman was caused due to burns, bodily injuries or due to unnatural circumstances; (2) The death should be within seven years of marriage; (3) It is shown that soon before death victim was subjected to cruelty or harassment by her husband or any relative..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Death of wife in matrimonial home within one year four months of marriage - No eye witness - Medical report that death was due to asphyxia resulting from throttling which was ante mortem and homicidal in nature - Husband, mother-in-law and sister-in-law absconding after the incident - Conduct of accused in absconding not..........
Hindu Marriage Act, 1955, Section 21A -- Provision of S.21-A applies when petition is either u/s 10 or S.13 of the Act - Provision does not apply when one petition is filed u/s 9 for restitution of conjugal rights and the other petition is filed either u/s 10 or u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 21A, Civil Procedure Code, 1908, Section 24 -- Transfer of a petition - Special provision of S.21-A Hindu Marriage Act does not curtail the general power of Court contained in S.24 CPC...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A, 9, 13 -- Transfer of petition for restitution of conjugal rights sought to the Court where petition for divorce is pending - S.21-A of Hindu Marriage Act does not apply when both the petitions are not u/s 10 or u/s 13 of the Act - Held, Court has power to transfer a petition in exercise of power..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife agreed to accept a lesser amount as interim maintenance in a petition u/s 125 Cr.P.C. - Held, any consented fixture of interim maintenance cannot, by any stretch of interpretation, disable the wife from raising a plea for the award of higher maintenance in the proceedings u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Able bodied husband is legally bound to provide for his wife and children who have no means of sustenance which is to include the living arrangement and other facilities in day-to-day life which they were enjoying during happier times when the family was united...........
