Indian Penal Code, 1860, Section 498A, 506, 34 -- Cruelty - Allegation against accused that they harassed and ill treated wife for not fulfilling dowry demand - Evidence on record proved that at the time of marriage accused demanded and received sum of Rs.1,10,000 in cash and also several household articles - Testimony of wife is corroborated by testimony of PWs 1 to 4 -..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations that maltreatment of deceased had started just about one month after the marriage - Matrimonial relationship between accused and deceased survived for a period of about ten months - No complaint whatsoever was made either by deceased or her parents to any authority for such a long..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of dowry demand and extra marital relationship with one woman was made by wife against husband, which amounts to mental cruelty upon husband - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Admittedly, 13 years have passed since both the parties are living separately, which by itself amounts to cruelty u/s 13(1)(ia) of the Act - Divorce rightly granted...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Compromise - Victim stated that she was forced to solemnize marriage against her wishes with accused - Physical relationship between accused and victim was thus, after said marriage - Moreover, now victim herself does not want to proceed further with the proceedings, as she stated that they have mutually obtained divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Cruelty - Condonation of cruelty - Mere giving proposals and counter proposals for the purpose of restoration of matrimony, which resulted in nothing, cannot be termed as condonation of established cruelty...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Unilateral refusal to have sexual intercourse for considerable period without any physical incapacity or valid reason can amount to mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(i), Orissa High Court Hindu Marriage And Divorce Rules, 1956, Rule 5 -- Divorce - Adultery - Non-joinder of paramour of wife - Where husband alleges adultery and dissolution of marriage u/s 13(1)(i) of the Act, he cannot be said to have a right of relief against paramour - Paramour is not a necessary party - However, R.5 of Rules..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife always ready and willing to live with husband alongwith two children - It is husband who is running away from matrimonial home without discharging his duty and responsibility as a husband - Husband has not even included the name of wife and children in the Service Register so as..........
