Matrimonial dispute -- Settlement - Matter is settled between parties - All pending criminal and civil litigations filed by either party against the other, including but not limited to those against Wife, Husband, and his family members, in any Court or forum in India are quashed and/or withdrawn - Marriage between parties dissolved by invoking power u/art 142 of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Quarrels arising out of matrimonial life are domestic quarrels - It cannot be said to be of such a high degree so as to compel deceased to commit suicide - So, an offence u/s 498-A IPC is not made out - Accused acquitted...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Every dispute, quarrel or altercation arising from matrimonial life are not criminal offence - It will take colour of Criminal law only when there are no alternatives for wife but to put an end to her life because of harassment...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband...........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not to be tested by merely ascertaining which party left matrimonial home first - If one spouse is forced by conduct of other to leave home it may be that spouse responsible for driving out, guilty of desertion...........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Offence u/s 498-A IPC is a continuing offence and if act of cruelty continues even while woman is living at her parents house, offence is triable by both Courts in whose territorial jurisdiction act of continuing offence of cruelty has been committed i.e. at matrimonial home or parents house...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights by wife - Ground of cruelty not established by husband - Husband abandoned wife without sufficient cause - Since husband left matrimonial home without sufficient cause, Family Court rightly ordered restitution of conjugal rights in favour of wife -..........
