Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Applicability to matrimonial proceedings - O.2.R.2 CPC is meant for ordinary civil rights to property, private and public rights etc., and not to those rights which remain kinetic and ever changing such as in matrimonial disputes where a change of circumstance or a fact or subsequent event can change the..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Guardians and Wards Act, 1890, Section 7, 10, 12 -- Custody of minor child - Claimed by father - Mother of child died in matrimonial home and a case u/ss 304-B, 34, 506 IPC was registered against father - Though subsequently father of child found innocent in investigation and cancellation report was accepted by Court - Moreover, mere fact of registration of criminal case..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Rape - Complainant solemnized marriage with accused and she is residing with him as husband and wife at her matrimonial home - She does not want to proceed further with the case against accused and she has no objection if FIR lodged by her against accused is..........
Hindu Marriage Act, 1955, Section 27 -- Stridhan - Wife specifically stated that at the point of her marriage an amount of Rs.1 lakh and various gold and silver articles were given to husband and his family members - Now they are demanding four wheeler car - Husband deserted wife from her matrimonial home and she is residing separately at her parental home under compulsion..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Family Court has no power to decree suit on the ground of irretrievable breakdown of marriage as it is a ground unrecognized in law - Decree to that extent unsustainable - However, since there are no emotional ties left between parties, as admittedly they are living in separation since..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Parties lived together only for 2 years - They are living separately for more than 2 decades - Conduct of wife shows that she is not willing to live with husband - Wife made various allegations against husband, which were not proved - Emotional bondage between parties have lost - Re-union will not..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
