Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Failure to control an adult brother, living independently or giving advice to complainant/wife to adjust to avoid vindictive retaliation from her husband/accused cannot constitute cruelty on part of brother of husband within meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Permission sought by brother of husband to travel back to USA for resuming his job - Brother of husband not living in same premises as his brother/accused - General omnibus allegation against all accused by wife that accused ruined her life by misrepresentation, concealment etc. -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Evidence Act, 1872, Section 45 -- Expert opinion - Husband in his divorce petition placed on record CD recording conversation of parties - Wife seeking sending CD for expert opinion raising objection of veracity of assertion so made - Wife did not indicate as to which part of CD is doctored - Does not lead to conclusion that application is bereft of requisite particulars -..........
Hindu Marriage Act, 1955, Section 11, 5 -- Void marriage - Second marriage during subsistence of first marriage by husband - Second marriage is void, as first wife of husband was living along with husband at the time of second marriage - Second marriage is nullity and dissolved by a decree of nullity...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Parties not lived together for any significant length of time since inception of their marriage - Period of separation and deciduous meetings of parties are enough to show that their matrimonial bond has broken and is beyond repair - More so, admitted lack of any financial support..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Serious and scandalous allegations of character assassination were made by husband against father of wife in his written statement, which have not been substantiated by him in his evidence - Husband has treated and continues to treat, wife's family with disdain - This conduct of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Unbridgeable matrimonial difference between parties not disputed - Husband withdrawn himself from company of wife because wife filed cases against husband and his parents - Now, it is very difficult for husband to rejoin company of wife - Trustfulness of statement of wife is not..........
Mohammedan Law -- Restitution of conjugal rights - If Court after a review of evidence feels that circumstances reveal that husband has been guilty of unnecessary harassment caused to his wife or of such conduct as to make it inequitable for Court to compel his wife to live with him, it will refuse the relief of restitution of conjugal rights...........