Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Parties are living separately for last about 20 years - Marriage between parties has broken down - Cruelty, physical and mental both, by wife to husband established - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Long period of separation of more than 12 years between parties - Marriage is nothing more than dead marriage - There is no emotional bonding between parties and there is no scope of patch up between them - If both the parties are not granted divorce, it will amount to cruelty to both the parties - Divorce granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage was solemnized in 2000 and wife deserted and living separately since 2006 - There is no child from the marriage - Marriage between parties is a dead marriage - Wife accepted Rs.2 lakhs as permanent alimony as per notarized compromise - Divorce granted to husband on the ground of dead marriage and mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely because for the welfare of the family if father of wife had at some stage in the life of husband tried to contribute to the growth of husband to see that the family remains viable and the marriage survives, in absence of any evidence to the contrary, it cannot be said that this..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Wife in her petition filed u/s 13 of Hindu Marriage Act herself stated that she is living with one person with whom she is seen in the photographs referred to earlier - Though there is denial by wife to the factum of her living in any kind of adulterous relationship, but no plausible..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4, Hindu Marriage Act, 1955, Section 13 -- Recording of evidence through video conferencing - Divorce proceedings - Wife defending suit through her mother in whose favour she executed power of attorney - Evidence of wife's mother and power of attorney holder has already been recorded as PW1 - Wife has not appeared before trial..........
Evidence Act, 1872, Section 8 -- Motive - Motive has a bearing only when evidence on record is sufficient to prove the ingredients of offences under consideration - Without the proof of foundational facts, case of prosecution cannot succeed on the presence of motive alone...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
