Guardians and Wards Act, 1890, Section 17 -- Custody of minor children granted to husband - Visitation rights given to wife - Request for changing the venue of visits by husband - Matrimonial dispute between parties - Parties lived separately - Wife living in Kolkata and husband in Delhi - It is difficult for minor children aged eight and five years respectively to travel..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Extra marital affair between wife and contractor forming motive to kill deceased-husband - Accused mixed sleeping pills in milk, as result of which deceased fell asleep - Both accused assaulting deceased with axe resulting in his death - Daughter and son of deceased aged..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death of deceased not in matrimonial home - Deceased went missing and her dead body was recovered in decomposed condition from canal - Information was conveyed to complainant immediately - Prosecution failed to discharge the initial burden cast upon it - It would be..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Pre-requisites includes - (a) Factum of separation (b) Intention to bring cohabitation permanently to an end (c) Absence of consent (d) Conduct giving reasonable cause to spouse leaving matrimonial home to form necessary intention...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife not permitting widow mother of husband to live in their matrimonial home - Amounts to cruelty...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately - Wife neither thrown with force from her matrimonial home nor she was forced to leave her matrimonial home - Wife residing separately without any reason - Held, wife is not entitled to maintenance...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Factum of unnatural death in matrimonial home and that too within seven years of marriage, is ipso facto not sufficient to bring home the charge u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegations against i, laws of deceased - Deceased died in her matrimonial home by hanging from fan - Cause of death not clear as to whether death is homicidal or suicide - Origin of external injuries on the body of deceased also not proved - Prosecution also failed to prove beyond reasonable doubt..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that wife was driven out by husband due to no, compliance of dowry demand - Criminal complaint filed by wife u/s 498-A IPC against husband ended in acquittal - Moreover, wife did not issue any legal notice to husband that she is willing to join him - Even during pendency of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife herself admitted that she was not able to adjust in matrimonial home with her husband, a divorcee where she was not having a luxuries of life - Husband a Government servant having his own limitations in providing luxuries - Both were living separately in rented accommodation with..........
