Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380 -- Anticipatory bail - Husband surrendered tenancy and removed household items without informing the wife and without her consent and knowledge - Law does not permit even the husband to take household articles including jewellery in this manner - Only because a complaint of wife in relation to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - Wife residing in her parental house with her two years old child who was born premature - Distance between place where matrimonial petition is filed from the place where wife is residing is 910 kms and it takes 20 hours in travelling - Wife does not appear to have any source of income and is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife stated that not only husband but his sisters used to suspect her character which constrained her to leave matrimonial house - She stayed along with husband for four years and never complained previously - She had filed petition for restitution of conjugal rights mentioning the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence shows that deceased died of ante mortem burn injuries and contusions were also found on her dead body - Accused failed to prove that he was in field at the time of incident - Statement of accused that deceased caught fire accidentally while cooking food is not found reliable - Deceased and..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Nature of death of deceased was homicidal and cause of death was asphyxia due to strangulation - Deceased suffered injuries on her neck and ligature marks and other injuries were also found on her body on the date of incident - Sari used in strangulation also seized..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Accused tried to hide the evidence i.e. iron rod with which he assaulted his wife - Accused locked the door from outside when he went to meet his sister - Even after he brought his sister back to his home, he sent both his children to his sister's house and then he took his wife to hospital - Whole chain of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
