Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife always avoiding company of husband on one pretext or other - Allegations leveled by wife against husband with respect to his illicit relationship, committing marpeet and also demand of dowry by husband are bald allegations, as no evidence and material was placed on record to show..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second FIR - Second FIR lodged at place `U' on the basis of same allegations as in first FIR lodged at place `H' - Investigating agency at place `U' was well aware of the complaint on similar allegations being lodged at place `H' - Complainants had been misusing their official position by lodging complaints one..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry demand - Validity of marriage - For dowry, performance of marriage is not necessary, and even a marriage contract is sufficient - If a male and female contracted for marriage and cohabiting together and the male partner makes any dowry demand from female partner, then ingredients of Ss.3, 4 of the Act are attracted...........
Indian Penal Code, 1860, Section 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Accused and complainant had been living as husband and wife and three children were borne from their co-habitation - Allegation of demand or receiving of dowry on the part of accused will attract ingredients of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Compelling a married woman to live in her parental home on account of non fulfillment of demand of dowry would certainly amount to mental harassment, punishable u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Not providing food to the married woman on account of non fulfillment of demand of dowry would certainly amount to physical and mental harassment...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations made in FIR are specific against each and every accused and by no stretch of imagination it can be termed as a vague, omnibus or general in nature - Merely because FIR has been lodged after filing of divorce petition, same..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere demand of money from the wife or her parents for running a business without anything more would not constitute cruelty or harassment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide within 7 years of marriage - There was a demand of money by accused, as he wanted to start a ration shop - However, no evidence on record in the form of cruelty and harassment on the part of husband which would in ordinary circumstances drag wife to commit suicide as if she was left..........
