Indian Penal Code, 1860, Section 498A -- Cruelty - Earning women - Expecting educated and earning woman to contribute towards household expenses, making online purchases, or being asked by mother-in-law to feed child does not amounts to cruelty u/S. 498-A IPC...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Visitation rights to father through video conferencing - Permissibility - Child is living with his mother in Ireland and seems to be settled there - Father has limited his request as he is not asking for custody but only for chance to interact with his son regularly through video conferencing - Denying such..........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Maintenance amount must be determined in a balanced manner and it should be one that ensures adequate support for wife and child, while also taking into account husband's financial obligations of his liability towards Home Loan, his expenses and responsibility towards parents...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Salary of husband is Rs.40,000 per month which is corroborated by his Bank statements - Considering the totality of circumstances and husband's financial situation with no specific details of expenses of wife proved, quantum of maintenance is hereby modified to Rs.10,000 per month to wife and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(iii) -- Divorce - Cruelty - Petition by husband - Husband stated that he learned about the birth of his child only 4-5 days later and he did not visit the child - This conduct of husband shows his own negligent attitude towards both his child and his wife - Witnesses examined on the side of husband are interested witnesses..........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Husband himself admitted that he was residing with wife as husband and wife and only ceased cohabitation upon learning that Saptapadi had not been performed - Burden of proof is on husband to establish that no Saptapadi was performed - An adverse inference cannot be drawn against wife for not producing..........
Goa Children's Act, 2003, Section 8 -- Child abuse - A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy essential ingredients of child abuse - To invoke penal consequences of such a serious offence in absence of clear intention or conduct indicative of abuse would amount to an unwarranted expansion of provision...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Alleged act of appellant in abusing the child could not be construed to be such which was intended to provoke breach of peace - Conviction u/s 504 IPC is not sustainable...........
