Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Dismissal of petition filed before expiry of one year of marriage - Parties after marriage lived with each other for about ten days - There is no possibility whatsoever of any reconciliation between them leading to resumption of matrimonial ties - Dismissal of petition u/s 13-B of the Act set aside..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to husband - Wife produced income tax assessment of husband for the last four years - High Court in appeal cannot look into the material which is not produced in trial Court but High Court looked into the returns as matter involves payment of maintenance and wife did not have legal assistance before Family Court -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - Husband despite allegation of adultery made efforts to reside with wife and he filed application u/s 9 of Hindu Marriage Act - Allegation of adultery was purely made on basis of doubt - Evidence adduced by husband is thus, not sufficient enough to draw a conclusion that wife was living in..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Will -- Execution - Proof - One attesting witness admitted his signatures on Will but stated that testator had not signed in his presence - Second attesting witness did not come forward for his cross examination and subsequently his son appeared and deposed that his father was bed ridden but no medical record was produced by him - Moreover on the day Will was executed..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim women - Divorced Muslim women is entitled to claim maintenance u/s 125 Cr.P.C even after the period of iddat and for whole life unless she is disqualified for reasons such as marriage with some one else...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
