Evidence Act, 1872, Section 114 -- Marriage - Presumption - Living as husband and wife for long period and giving birth to children - By itself does not give rise to presumption of valid marriage...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance and separate residence - Deserted wife is entitled to live separately and claim maintenance if circumstances specified are shown to be existing and Court can make award in her favour notwithstanding husband's offer to maintain her and her rejection of offer...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance and separate residence - Revision against order awarding maintenance - Allegation of wife's unchastity - Not pressed before trial Court - Cannot be raised in revision...........
Will -- Suspicious circumstance - Will not scribed by a professional scribe - Will not got registered inspite of the fact that testator remained alive for 10 months after execution of Will - One of the attesting witnesses did not came forth to support the execution of Will - Evidence of scribe does not inspire absolute confidence in the mind of the Court that the testator..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Service of husband terminated and presently out of job and dependant on his mother for his day to day needs - Held, wife is not entitled to any maintenance...........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Cruelty - Spousal relation is primarily a human relation - Violations of prohibitions or acts of omission to perform duties are acts of cruelty - Mother of husband beaten and forcibly turned out of her own house by wife and her parents - Unproved allegation of wife that she was coerced to bring cash in dowry - Both acts..........
Will -- Validity - Gift of property to deity (Kattalai grant) with right of management to second wife alongwith her heirs - Widow bequeathing right to son of testator - Right bequeathed to son-in-law in turn - Sons filing suit that right could not have been willed away to a stranger to family and it could have been only in favour of lineal descendants of original donor -..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Murder trial - Circumstantial evidence - Facts forming part of same transaction - Relevancy of - Accused alleged to have killed his wife and daughter - Statement by father of deceased wife that father of accused told him on telephone that his son had killed deceased - Absence of finding as to whether..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Disappearance of three persons - Allegation against police officials - High Court giving direction to State Government to give sanction for prosecuting alleged delinquent officials and further direction to pay a sum of Rs.2 lakhs to wife and children of disappeared persons by way of..........
Indian Penal Code, 1860, Section 498A -- Offence relating to marriage - Cruelty - No evidence against husband that he made any demand at any time or assaulting or treating wife with cruelty or torture - Cruelty which is necessary ingredient for bringing home charge not established - Conviction on basis of oral testimony of younger brother of deceased cannot be made -..........
