Indian Penal Code, 1860, Section 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 506, 120-B IPC - Contents of FIR speaks about insult or intimidation - FIR cannot be quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife cannot be disentitled from claiming any maintenance merely because she seeks divorce after having left the company of her husband due to sufficient reasons...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is educated, same alone is not a ground to deny her maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife contended that husband and his family members harassed and taunted wife for insufficient dowry - Testimony of wife was credible and trustworthy - Husband admitted his income to be Rs.13,000 - However, trial Court reasonably assessed the income of husband to be Rs.16,000 - No material on record to show..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Where material placed on record discloses grave suspicion against accused, which has not been properly explained, Court will be fully justified in rejecting application for discharge - Court is not to hold mini trial by marshalling the evidence...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - There is clear averments in FIR that marriage between accused and deceased has taken place - At the time of incident, deceased was residing with accused - Even otherwise, question as to whether deceased was legally..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petition does not become infructuous on arrest of accused - Even if, accused is arrested, petition has to be decided on merits...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Able bodied wife - It is first and foremost duty of wife to maintain herself especially when she is able bodied...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband maintaining two minor children alongwith his old, aged mother - Husband doing private job in a factory and earning 6-7 thousand per month - Wife is able bodied but claims not working - Provision of S.125 Cr.P.C. cannot be permitted to be misused to allow able bodied wives to sit idly at home while..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Before proceeding ex parte, Magistrate is required to satisfy that person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service or willfully neglecting to attend the Court...........
