Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 -- - Maintenance to wife - Husband a drug addict and was not willing to give up addiction - Wife felt insecure in the company of husband who always used to turn violet after consuming drug - Husband made offer to take wife back to matrimonial home - Held, offer not bonafide - Grant of maintenance to wife proper...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Divorced Muslim woman - Provision for shelter - No direction can be issued to former husband to provide a house to his divorced wife for her shelter...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Not possible to arrive at an estimated income of husband on the basis of general information supplied as such Family Court directed to ascertain estimated income of husband from the list of assets indicated by appellant for passing final orders...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Not possible to arrive at an estimated income of husband on the basis of general information supplied as such Family Court directed to ascertain estimated income of husband from the list of assets indicated by appellant for passing final orders...........
Ranbir Penal Code, 1989, Section 306, 107 -- Abetment of suicide - Prosecution allegations that deceased wife committed suicide on account of husband having extra marital relations with someone - No evidence adduced by prosecution to prove respondent's illicit relationship with any woman - Prosecution had proceeded on the premise that as the respondent was allegedly having..........
Evidence Act, 1872, Section 112, 45 -- Legitimacy of child - DNA test - Application by husband seeking DNA test - Application is liable to be rejected in the absence of any allegation that child was born to his wife as a consequence of her illicit relationship with another man and not when there is such allegation...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Prosecution allegation that accused committed murder on account of non fulfillment of dowry demand - Evidence that husband and in-laws (excluding sister in law and brother in law) demanded Rs.20, 000 to purchase motor cycle - Evidence that torture was being committed by all..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Cruelty and dowry death - Prosecution proved that there was demand of dowry and torture against husband and father in law - No specific allegation of torture by father in law - There used to be a fight between husband and wife for dowry - Due to torture and demand of dowry by husband, wife committed suicide by hanging..........
Evidence Act, 1872, Section 32 -- Dying declaration - Two inconsistent dying declarations - First dying declaration in the shape of statement u/s 161 Cr.P.C. recorded immediately by the investigation officer after the incident - Wife alleging that fire was accidental due to which she sustained burn injuries - Further alleging that husband at the time of incident was at his..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A -- Inherent powers - Demand of dowry and cruelty by petitioner husband levelled more than 13 years of the marriage - Complainant taking contradictory stand as to when she was thrown out of matrimonial house - Statement of complainant that petitioner demanded ornaments from her did not find corroboration from any..........