Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Sudden and grave provocation - Merely by asking appellant to wait for some time to serve food as it was under process does not indicate that there was any kind of grave and sudden provocation caused by deceased to appellant - Conviction upheld...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - If a Hindu/Christian/Parsi/Jew husband contracts second marriage during the subsistence of the first marriage, it would constitute cruelty besides being an offence of bigamy - It would obviously be considered an act of domestic violence entitling the wife to claim compensation u/s 12 of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Muslim wife - Husband when contracts second marriage during subsistence of first marriage - Though, wife cannot stop the husband from entering into a second marriage but she has the right to seek maintenance and refuse to be a part of the matrimonial household, as act of second marriage..........
Muslim law -- Divorce - If the husband claims that he had divorced wife by properly pronouncing talaq three times, and it is disputed by wife, question arises if the marriage has been validly dissolved - Issue cannot be left to the unilateral determination of husband - Only appropriate and legally permissible course would be to call upon the husband to obtain a judicial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 409, 467, 468, 471, 120B -- Interim bail - On the medical grounds of wife of accused - Cheating - Wife of accused advised surgery for Pedicle Screw Fixation - Accused is a person with family ties and is not a flight risk - Nature of prosecution evidence is mostly documentary in nature,..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Family Court granted interim maintenance to wife without seeking affidavits of assets and liabilities from rival parties - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Order allowing interim maintenance set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Manufacturing and storing of spurious liquor - Husband is already an accused - Wife cannot be made co-accused merely because wife was staying with husband, particularly when there is not even an allegation that wife had indulged in the activities of manufacturing and storing of spurious liquor..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is working as Sub Inspector in Police - No salary slip has been filed by husband to show his monthly salary - Husband is owing a car and according to his designation as well as the fact that he is having car clearly shows that he is living a comfortable life for which wife is also entitled -..........
