Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 22 -- Property of senior citizen - Husband of petitioner/senior citizen executed Will in favour of petitioner creating life interest in her favour and as per recital in Will, petitioner can enjoy properties with absolute freedom including right to collect and take all income and to reside in the..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - When husband himself wanted to remarry after leaving wife and had two children from second marriage, provision of S.125(4) Cr.P.C would not apply in the case - Maintenance rightly granted to wife...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Wife is not staying with husband for the last more than 11 years - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again - Family Court was perfectly justified in holding that there were hardly any chances that wife and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife withdrawn from the society of husband without any reasonable cause - No cogent and reliable evidence led by wife which may show that husband has withdrawn himself from company of wife without any sufficient reason or cause - Rather, it is wife who deserted husband for a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29 -- Recovery of 7.79 kg Charas - A-3 was found with contraband Charas contained in a bag held by him - A-1 and A-2 did not hold the bag and neither anything incriminating was found from their person - A-2 was merely a companion of her husband A-1 and she was not an accomplice in crime - No call..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Specific allegations regarding harassment by making demand of additional dowry not made against parents of husband - The only allegation against them is that they did not like the deceased marrying their son and as such they used to make comments against her in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Unfounded allegations made by wife amounting to character assassination against husband and his father has inflicted mental cruelty upon husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Conduct of wife in calling husband as stingy person and also sharing intimate details with her sisters would definitely amount to mental cruelty - Divorce rightly granted to husband...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 2(2), 13 -- Rejection of divorce petition on the ground of maintainability - Marriage between parties was solemnized in Arya Samaj Temple and not according to customs and usage of Scheduled Tribe - Husband did not disclose any custom or usage which confers right upon him against maintainability..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has produced sufficient material on record to prove both physical as well as mental cruelty meted out to her by her husband - Various incidents were narrated by wife and an inference can be drawn against husband that he had not only ill treated her but also was in the habit of..........