Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Impotency of husband - No consummation of marriage due to impotency of husband - However, husband stated that he was suffering from jaundice and was medically advised not to cohabit for few days - No document on record about alleged ailment of husband - Wife stayed in matrimonial home for about seven..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Failure of prosecution to prove that there was demand either before the marriage or soon before death of the deceased beyond reasonable doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 306, 498A, Criminal Procedure Code, 1973, Section 221, 222 -- Dowry death - Suicide within two years of marriage - Charge u/s 304-B - Beatings given to wife were not in connection with demand of dowry - Offence u/s 304-B IPC not proved - Accused guilty of offence u/ss 498-A, 306 IPC - Accused convicted u/ss 498-A, 306 IPC instead of..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption under - If a woman has committed suicide within a period of seven years from date of her marriage and that her husband had subjected her to cruelty, Court may presume, having regard to all other circumstances of case, that such suicide had been abetted by her..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12, 18, 19, 20, 21, 22, 23 -- Scope - Remedy u/s 12 of the Act covers the act of violence committed even prior to coming into force of the Act and could be taken into consideration by Magistrate while passing orders extending reliefs to aggrieved person u/ss 18, 19, 20, 21, 22 and 23 of the Act - It is not..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Applicant in a maintenance proceeding u/s 24 is entitled to the same standard of living as they would have enjoyed if the dispute had not occurred...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Factors to be taken into account are : (a) Status of the parties; (b) Reasonable wants of the claimant; (c) The independent income and property of the claimant; (d) The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home; (e) Non-applicant's..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband Rs.2.7 lacs p.m. - Husband has no other liabilities except to maintain his wife and three years old daughter - Applicant in a maintenance proceedings u/s 24 is entitled to same standard of living as they would have enjoyed if dispute had not occurred - Maintenance awarded Rs.50,000/- p.m...........
Indian Penal Code, 1860, Section 304B, 498A - - Dowry death - Cruelty - Death due to poisoning in matrimonial home within 1-1/2 years of marriage - Presumption of S.113-B Evidence Act attracted - Ample evidence to prove that deceased was subjected to cruelty & harassment for demand of dowry soon before her death as proved by PWs - FSL report proves that death caused due to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - As a counter blast to the petition filed by husband for restitution of conjugal rights wife got registered a criminal case u/s 498-A IPC against husband and his family members - Wife was not interested in living with husband because according to her cruelty had been meted out to her - Husband after withdrawing petition u/s..........
