Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Right to maintenance u/s 125 Cr.P.C is not a benefit received by a wife but rather a legal and moral duty owed by husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground of subsistence of first marriage of wife - First marriage of wife though not legally dissolved but wife is separated from her first husband and is not deriving any rights and entitlements as a consequence of that marriage - Moreover, respondent/second husband knowingly entered into..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Process issued without assigning any reasons - Summoning order is totally a non-speaking one - Summoning order quashed...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Penetrative sexual assault - Consent - Prosecutrix stated that relationship between her and respondent was with her consent during statement u/s 164 Cr.P.C. - Even, MLC report of prosecutrix proved that no injuries of resistance of sexual act were found on prosecutrix and relationship was with consent -..........
Indian Penal Code, 1860, Section 306, 498A, 34, Evidence Act, 1872, Section 67, Criminal Procedure Code, 1973, Section 154 -- Acquittal - FIR has to be corroborated and proved for there to be any value of the same in the case - In case the death of the informant has no nexus with the complaint lodged i.e. he died a natural death and did not succumb to the injuries..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife failed to prove the fact that she is a legally wedded wife of husband - She did not produce any independent witness to fortify fact of marriage solemnized between her and husband - Wife produced documents containing her photographs, however, in document name of other woman mentioned in the document as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to parents - Liability of son - If an age old father or mother somehow manages to maintain themselves with financial support of relatives or friends, that will not absolve the liability of children to provide maintenance to them...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of son - Mere fact that father gets some income from others to support himself and his second wife cannot be reckoned as a ground to deny the maintenance to him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father - Liability of sons - Nothing on record to show that father is having any business along with his brother abroad and he is getting income from said business, apart from mere allegations in the counter statement filed by respondents/sons - Respondents on the other hand are well employed at Gulf and earning..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Direction to conduct further investigation even after filing of charge sheet and commencement of trial is permissible in law...........
