Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail during pendency of appeal - Offence u/ss 498-A, 304-B IPC and Ss.3/4 Dowry Prohibition Act - Conviction of husband and other relations - Deceased and her husband were living in a separate house - Mother, brother and sisters of husband..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of husband by wife - Appeal against acquittal - Plea of appellant that two eye-witness though friend and brother of accused not supported their case as they tried to protect accused person - However, in absence of any credible evidence to show involvement of accused in..........
Succession Act, 1925, Section 14, 372, Hindu Succession Act, 1956, Section 2 -- Succession to the estate of deceased, who died intestate, claimed by mother as well as by widow - Widow remarried after death of husband - Held, succession never remains in abeyance - Moment person dies intestate, his legal heirs succeed to his estate for which no other activity is required -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Civil Court granted maintenance of Rs.500/- p.m. to the wife till her remarriage - Appeal arising out of Hindu marriage petition in which the husband was granted decree of divorce pending - It is not open for Magistrate to grant maintenance u/s 125 C.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Divorced wife - Decree of divorce against wife on account of desertion - Such a wife can claim maintenance u/s 125 Cr.P.C. - Plea of desertion by wife cannot be treated to be an effective plea in support of the husband's refusal to pay her maintenance allowance...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Desertion and cruelty - Divorce petition filed by husband on the ground of desertion and cruelty - Husband had developed illicit intimacy with younger sister of wife and even had a daughter out of this relationship - Wife left the matrimonial home - Held, withdrawal of wife from the conjugal company of the husband..........
Indian Penal Code, 1860, Section 302 -- Murder - No FIR lodged - Criminal complaint filed by husband of deceased after three months of alleged occurrence - Explanation of the complainant that he lodged complaint with the police but police took no action found bereft of truth as no evidence brought in this respect on record - Accused acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be proof of direct or indirect acts of incitement to the commission of suicide - Mere fact that husband treated the wife with cruelty is not enough...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties while appearing at Supreme Court Lok Adalat agreed for divorce by mutual consent and not to proceed with pending criminal and civil disputes - Husband agreed to pay wife a sum of Rs.Ten lacs - Terms of settlement complied with - Divorce by mutual consent granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty - Parties compromised in a petition u/s 9 of the Act - Act of cruelty stands condoned - No act of cruelty on the part of wife shown thereafter - Petition dismissed...........
