Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of illicit relations of husband by wife in defence - Allegations made by wife against husband were merely pointer towards probable wrong of husband of filing divorce petition - Wife had made an attempt to explain the cause for which serious allegation of cruelty was levelled against..........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Husband alleged that wife has shifted all her belongings to first floor and has flatly refused to serve his parents in any manner - However, husband failed to prove said fact - Even, he himself stated that some articles which wife has brought with her were kept in separate room due to..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Desertion by wife - Merely because wife is residing separately due to her professional engagement, is not a willful desertion or withdrawing from society of husband permanently, particularly when wife is always willing to discharge her matrimonial obligations and more particularly when wife expressed..........
Indian Penal Code, 1860, Section 302, 201, 34, 120B -- Murder of wife by husband - Common intention - A1 to A3 with common intention committed crime, which is proved by prosecution - Mere fact that evidence u/s 120-B IPC is not proved does not in any manner effect charge u/ss 302 r/w 34 IPC - Thus, conviction of A1 to A3 u/s 302 r/w 34 IPC cannot be faulted...........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 303, 304 -- Murder of wife by husband - Accused convicted without legal assistance - Legal assistance is not mere empty formality - It is mandatory for State and Trial Court to provide legal assistance to accused - Learned Judge failed to perform..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Sentence - Rarest of rare case - Accused committed murder of woman for committing robbery and husband was seriously injured and accused committed an offence u/S.307 of IPC against husband - Offences was committed in preplanned manner - Gold ornaments belongs to deceased and her husband were pledged by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - A bald allegation that wife treated husband and his family members in cruel manner without any legal evidence to substantiate such plea - Is not sufficient to grant the relief of divorce...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Deceased found dead with cut injury in her neck inside room of accused - Accused failed to give any explanation regarding cause of death of deceased - Evidence of family members of accused and deceased stated in one voice that deceased hacked to death by accused with dao - Mere..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of pregnant wife by husband - Cause of death asphyxia on account of strangulation - Deceased was carrying pregnancy of 8 months at the time of death - Admittedly deceased was wife of accused and it was accused who was staying with his wife at the time of her death - It is for him to show as to in what manner she died,..........
