Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance to parents-in-law - Daughter-in-law is not liable to pay maintenance to parents-in-law, as she is not included within ambit of S.125 Cr.P.C. (S.144 BNSS) - Maintenance under provision can be claimed only by persons falling within categories specifically enumerated therein..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance proceedings - Submission regarding wife succeeded to property of her deceased husband does not fall for consideration in proceedings u/s 125 Cr.P.C. (S.144 BNSS), as such issues are beyond the scope of summary maintenance proceedings...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - It is sacrosanct duty of husband to render financial support to wife even if he is required to earn money with physical labour, if he is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Where nature of complaint primarily found to be of vexatious and frivolous, Courts owes a duty to look into other evidences collected and did not have to be confined within content of written complaint - That apart, there must be close scrutiny of written complaint and it must be read between lines in..........
