Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Concurrent findings on record that allegations made against wife by husband are not factually correct - Even, evidence on record shows that husband is completely within clutches of his parents - Wife had never lodged any police complaint or initiated any other proceedings against..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Primary requirement for claiming maintenance u/s 24 of the Act is pendency of a matrimonial proceeding...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Right to claim maintenance and expenses during pendency of proceedings under the Act is a special right bestowed on disadvantageous spouse, irrespective of result of main relief u/s 13 of Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Challenged in appeal on the ground that wife has performed second marriage during pendency of divorce petition - This fact yet to be proved by cogent evidence - Allowing claim of wife for interim maintenance, cannot be faulted with - Interim maintenance rightly granted to wife...........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Mere abduction does not bring accused under ambit of penal section - S.366 IPC applies when woman abducted has no intention of marriage or lawful intercourse when abducted...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Marriage performed between parties 3 days after wife gave birth to child - Wife lodged a false complaint before police and police have forcibly taken husband to temple and forced him to marry with wife - Husband has not given his consent to marriage and marriage was not as per customs and rituals, as it was performed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Courts while dealing with maintenance matters either u/s 12 of PWDV Act or u/s 125 Cr.P.C, should not go into validity of marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation of parties for a period of more than eight years, while making allegation against each other itself amounts to further act of cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately from last 8 years - There is total lack of any effort on part of either of them to stay together - Effort to unite them before Mediation have proved futile - Marriage between parties has ceased to exist in substance and in reality and thus,..........
