Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Cruelty - Mere allegation of hurling abuses cannot be termed to be cruelty within meaning of S.498-A IPC - Complaint is highly belated and appears to be instituted because of failure of complainant in her attempt to re-enter her matrimonial home - Held, proceedings..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof - As per victim's suicide note, she lamented that since her husband remains outside for most time, it was she, who had to hear everything, from her mother-i, law - There was no respect for her in matrimonial home - She also wrote that nothing should happen to husband, but others should not be spared - It was manifest..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Court considering an application for interim maintenance has to take into consideration the financial status of the parties, the earnings and the earning capacity of both the spouses - While granting maintenance, the spouse claiming maintenance should as far as possible be kept in the same status which..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Standard of proof - Held, matrimonial cases are civil proceedings and Court can act upon preponderance of probabilities, especially in adultery cases, since it is difficult to get direct evidence...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - The basic spirit of S.9 of the Act is promoting reconciliation between the parties and maintenance of matrimonial life and ultimately protecting society from degenerating but final decision always rests with the parties either to obey such decree to continue with the matrimony or not...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Kidnapping - Quashing of FIR - Petitioner No.1 (mother) alleged to have kidnapped child - FIR lodged by respondent No.2 (father) to settle scores with petitioner No.1 on account of matrimonial discord between them - Instead of filing petition seeking custody of children, respondent No.2 has..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - A spouse who creates uncongenial and unfavourable atmosphere for the other spouse compelling him or her to leave matrimonial house, cannot plead the ground of desertion...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income tax returns are inconclusive in determining award of maintenance in matrimonial proceedings...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Recall of order quashing FIR - Matrimonial dispute - FIR quashed on the basis of compromise between the parties - Husband backed out from the compromise - Wife put in disadvantageous position - Order of quashing FIR recalled and FIR restored to its original position - Cost of Rs.1 Lac..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - May be mental or physical, intentional or unintentional - It is the conduct in relation to or in respect of matrimonial duties and obligations - Conduct complained of must be "grave and weighty" so as to come to a conclusion that spouse cannot be reasonably expected to live with the other spouse - It must be more..........
