Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Divorce petition filed by husband at Family Court Muvattupuzha was validly instituted - However, balance of convenience is in favour of wife, as wife is abroad and her parents are taking care of minor daughter - Divorce petition filed by husband transferred from Family Court..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition - At the instance of husband - Wife filed three petitions before Family Court at Thalassery - All the three petitions required to be tried together in view of averments contained in respective petitions - Prayer of husband to transfer one out of said three petitions to Family Court at Muvattupuzha rightly..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife resided in her in-laws house for only 3 days and during this period there was no co-habitation between parties - It is proved on record that when father-in-law along with other relatives came to parental house of wife for taking her back to her in-laws house, then she did not go..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition filed by husband - Wife filed petition u/s 9 of the Act - Cruelty found to be proved by husband - However, petition for divorce was dismissed and petition for restitution of conjugal rights was allowed - Once cruelty has been proved, suit for divorce has to be decreed and suit of wife had to be dismissed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Quashing of proceedings - Petition u/s 482 Cr.P.C is not maintainable qua proceedings arising out of S.12 of the Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
