Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic Violence - Wife driven out of matrimonial home prior to commencement of Act, 2005 - Held, deprivation to benefits of matrimonial home amounts to economic abuse and it generates continuous cause of action - She is entitled to move application u/s 12 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce petition by husband on round of adultery, cruelty and desertion by wife - Husband miserably failed to establish any ground of adultery, cruelty and desertion without any reasonable case - Wife had not voluntarily deserted appellant - Appellant himself contracted second marriage and forced respondent out of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left matrimonial home on her own alongwith minor daughter - Shown intention to bring cohabitation permanently to an end - Even persuasion by husband and his family members did not work - No infirmity warranting interference - Divorce decree upheld -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty and desertion - Wife initiated false criminal proceedings alleging demand of dowry by husband and his relatives - Wife did not care for her daughter who suffered from epilepsy and whom she abandoned - Wife repeatedly left matrimonial home and lived with her parents - She had been withdrawing from company of husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Entitlement to - Respondent contracted second marriage during subsistence of first marriage due to which wife left matrimonial home - Claim of maintenance has been preferred after 19 years - That was supported by her daughter, who was at relevant point of time aged about 11-12 years - Respondent's plea that..........
Indian Penal Code, 1860, Section 364 -- Abduction of wife - Action of accused in bringing back his wife to the matrimonial home from the house of another person - Does not attract necessary ingredients of either the offence of kidnapping or abduction so as to attract S.364 IPC - Conviction u/s 364 IPC set aside...........
Indian Penal Code, 1860, Section 304B, 498A -- Suicide in matrimonial home - Cruelty - In statement of father of deceased it is not stated specifically as to when demand of car was made - Further there is no evidence to suggest that petitioner Nos.1 and 2 were available in Delhi and thus could harass deceased in furtherance of common intention soon before death - Held, in..........
Indian Penal Code, 1860, Section 366A, 302 -- Kidnapping of child - Demand of ransom of Five Lacks from mobile - Only oral evidence that PW5 gave SIM to accused - No proof that said SIM was used in the allege crime - Lacuna in prosecution evidence - Link between telephones of sender and receiver not proved - On disclosure of accused dead body recovered but this fact alone..........
Constitution of India, 1950, Article 14,16 -- Chapter 7 Nursing Homes or a polyclinic in Residential Areas - NOIDA Master Plan, 2031, - Not permitted - Neither polyclinic nor nursing home can be run in residential area - Doctors will be permitted to run clinic to provide personal service to outdoor patients and nothing more - Purpose of permitting clinic is strictly in..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appellant took prosecutrix to a place and kept her at house of his friend for about 8 months - Prosecution failed to prove that prosecutrix was below 18 years of age - Evidence of prosecutrix and letters written by her showed that she left her parental home willingly - In absence of any threat, coercion or..........
