Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - Maintenance proceedings - Income - Respondent is bound to disprove his alleged income - If he fails or refuses to furnish germane evidence/details regarding it, which is within his special knowledge then a valid presumption may lie against him...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Abandonment of senior citizen - Allegation that taxi was arranged to transport father to his daughter's house - This indicates that there was no abandonment as contemplated by law - Moreover, complaint was filed by daughter of senior citizen that too after three months - Proceedings quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Criminal Procedure Code, 1973, Section 125, 128 -- Arrears of maintenance - Default in payment - Auction sale - Proceedings for auction has taken place and sale certificate has been executed by civil Judge in favour of wife - Husband has harassed her legally wedded wife till her death - Wife further executed sale deed in favour of certain persons, husband held, not..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Indian Penal Code, 1860, Section 376(2), 377, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Acquaintance between prosecutrix and accused started in the year 2011 - Physical relationship commenced in 2012 and continued till 2017 - It is..........
Protection of Women From Domestic Violence Act, 2005, Section 29, 12 -- Appeal - Ex parte maintenance order - Husband has been appearing before Magistrate and had on its own volition stopped appearing and was proceeded ex parte - It cannot be said that he was not aware of proceedings - Explanation provided by husband for his non-appearance before Magistrate is unmerited -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of proceedings - Non-consideration of Domestic Incident Report (DIR) - Where the complaint u/s 12 of the Act was filed by wife on her own through counsel, there could not have been any occasion for filing DIR by Protection Officer or Service Provider at the said stage -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties arrived at a settlement before Lok Adalat in D.V proceedings and total maintenance of Rs.10,000 p.m fixed for wife and children - Husband not pleaded said settlement award same before Family Court in his counter to application u/s 24 of H.M Act - Since liberty was reserved by wife to claim..........
