Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - General allegations made by wife against husband - No specific instance had been quoted by wife to prove the allegations of her being subjected to physical or mental cruelty at the hands of husband - Wife and her father had even denied any knowledge about facts as narrated in the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Husband found his wife along with one `H' in a compromising position in bed room, which shows wife committed adulterous act, which amounts to cruelty upon husband - Divorce granted to husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - In the absence of proof that wife filed false dowry demand complaint, merely filing a complaint before All Women Police Station would not amount to cruelty...........
Divorce Act, 1869, Section 10(1)(ix) -- Divorce - Desertion - Petition by husband - No sufficient evidence on record to show that wife insisted husband to set up a separate living for them - Husband miserably failed to establish animus deserendi of wife - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
