Family Courts Act, 1984, Section 7 -- Family Court - Proceedings - Maintainability - Held, if on the date of institution of suit, same was maintainable before Family Court, subsequent developments such as death of one of the parties will not render either proceedings or an appeal before a superior forum incompetent for want of jurisdiction - Therefore, petition filed by..........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Mental and physical cruelty - Wife not ready and willing to reconcile and to cohabit with husband - Wife and her family members filed false criminal case against husband and his family members which tantamount to mental and physical cruelty - Animus deserendi also proved against wife - Parties litigating and living..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or culpable homicide not amounting to murder - Proof - Accused alleged to have caused cut injuries on chest, face and hands of deceased/wife by sharp cutting weapon resulting in her death - Contradiction between statements of PW1 and PW2 pertaining to lodging of FIR - Seizure witnesses stated that they signed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree - Setting aside - Notice of divorce petition not served upon wife and her claim was duly supported by an affidavit - Exparte decree set aside despite objection that application to set aside exparte decree was filed beyond 30 days - Held, in matrimonial dispute Court should take a liberal approach and..........
Hindu Marriage Act, 1955, Section 13(i)(ia), 24 -- Appeal against dismissal of petition filed by wife for dissolution of marriage - Husband directed to pay litigation expenses - As a consequence of non payment of litigation expenses defence of husband struck off - Appeal preferred by wife allowed...........
Will -- Suspicious circumstances - Testator knew how to sign and read newspaper - Will in question bears thumb impression - He died within 8 days of execution of Will in house of one of the beneficiary - No share was given to daughter - No mention of wife of testator in Will - Held, all such circumstances create a suspicion that Will is not a genuine and valid document -..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Validity - Respondent No.3 is wife of serving army personnel - Her father-i, law owns more than 18 acres of land - She is doing social service and herself is owner of 4 acre of land - Held, by appointing her as Lambardar, a step has been taken towards woman empowerment - Appointment proper - Appeal..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Validity - Accused alleged to have assaulted deceased with Tangiya (Axe) causing serious injuries on head - FIR lodged by wife promptly - It contained name of accused as assailant - Evidence of wife cogent, clinching, trust worthy and corroborated by FIR and medical evidence - Presence of wife at place of..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Validity - PW1 and PW8 stated that they had seen accused taking three children towards field who were in school uniform and carrying school bags with them - Evidence shows that father of deceased (PW18) also had suspicion at accused because wife of accused had eloped with his younger brother for which..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 2(a) -- An aggrieved wife or female, living in a domestic relationship in the nature of marriage, can file complaint against a relative of husband or against male partner...........
