Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused poured kerosene oil upon his wife and ignited fire, which clearly shows that burn injuries caused with vile intention to kill her - Merely because there was a fight between husband and wife in connection with deceased/wife talking on mobile is not convincing for converting offence u/s 302 IPC..........
Indian Penal Code, 1860, Section 302, 34, 379, 120B -- Murder of husband by wife in connivance with her paramour - Circumstantial evidence - A-3 hatched conspiracy with her paramour A-1 along with A-2 and committed murder of her husband - It is proved and established on record that A-1 and A-2 were following A-3 and deceased as per instructions of A-3 and all accused were..........
Hindu Marriage Act, 1955, Section 13(i)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she is not interested in leading conjugal life with husband in collateral proceedings relating to guardianship of child, cannot be used to prove cruelty in the present case - Since, record discloses that wife not participated in proceedings, an opportunity to put..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Court below while assessing income of husband not taken into consideration the fact that petitioner is a new entrant and agricultural property would not be inherited by him as he has other siblings - In view of strict competition amongst new entrants, the finding qua earning of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against family members of husband - No material on record to show that petitioners ever made a demand or any amount was paid to them for any purpose - All the allegations are actually made against husband of deceased - No allegation or incident was cited by family members of deceased which..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement of - Income of husband increased - Exact salary of husband is not given by him - Evidence of PW2 that income of husband increased to 67,000 not denied by husband - Maintenance u/s 125 Cr.P.C is awarded to wife commensurate with life she would have enjoyed if she had lived in husband's household..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Letter written by wife to her father and uncle in ordinary course of events, in which there is threat that she will put to an end her own life - It is wife's general complaint and that conduct does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations are not made with specific details by husband against wife - Neither from contents of divorce petition nor from other evidence it is proved that act of cruelty is so grave that it is not possible for husband to live with wife - When wife tried to return to her..........
