Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - When convenience of wife and husband is considered, convenience of wife must prevail, more so, when wife has minor children with her...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband resigned from his job two times, which shows that he has adequate financial banking - Contention of husband that wife is earning, rejected in absence of any document to fortify the claim set up by him - More so, husband filed a petition u/s 13 of Hindu Marriage Act, which shows that it is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Circumstantial evidence - Accused was living with deceased in her house - He used to beat her because deceased suspected that accused had relation with other women - Accused and deceased were last seen together but accused failed to explain as to what happened after accused and deceased were last seen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount advanced by complainant`s husband to accused was not shown in income tax return - Same itself would not wash off liability of the loanee (accused) to repay the loan amount when there is nothing to doubt the factum of issuance of cheque and the story put forth by complainant regarding loan having..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Application u/s 12 of the Act - Maintainability - Wife is resident of Jodhpur for last about 25 years and after having solemnized marriage with husband, incident which is reported in complaint took place at Jodhpur - Application at the instance of wife held, maintainable in view of Ss.2(a), 12 of the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Locus standi - Husband admitted that civil Judge has declared that respondent is his wife - Even, husband has been paying maintenance allowance to wife - Husband has thus, locus standi to maintain petition for dissolution of marriage u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(i) -- Divorce - Cruelty and adultery - Petition by husband - No material to sustain any allegation made in the petition that wife was living in adultery and she was treating the husband with cruelty - Not a single allegation has been established as probable - General statements which do not inspire confidence in the Court..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, 20 -- Divorce petition - Proof of CD containing conversation between husband and wife recorded surreptiously without consent or knowledge of wife - It is a clear cut infringement of privacy of wife - Acceptance of CD in question shall amount to a clear cut breach of fundamental right of wife and her..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
