Protection of Women From Domestic Violence Act, 2005, Section 20(1)(c) -- Return of Dahej articles - After passing of decree of divorce by mutual consent - Held, petition is maintainable - In law there is nothing to prevent Magistrate to grant the relief of return of Dahej articles - List of dowry articles produced by wife proved on record - No other list available with..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(c) -- Return of dowry articles - Claimed by divorced wife - Wife can claim her dowry articles from her divorced husband and there is nothing in law to prevent Magistrate to grant relief of return of dowry articles u/s 20(1)(c) of Act - List of dowry articles produced by wife proved on record - There is no..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Order of Court below rejecting application for wife u/s 27 of the Act for return of her ornaments and other dowry articles and wife did not prefer any appeal - Meanwhile police seized dowry articles and returned same to wife - Amount of permanent alimony fixed at Rs.5 lacs...........
Hindu Marriage Act, 1955, Section 27 -- Return of dowry articles - Dowry articles already recovered through police in a case u/ss 406, 498-A & 506 IPC - Section 27 is attracted when property presented at or about the time of marriage belong jointly to both the spouses - Jewellery articles come within the scope of Section 27 - No evidence that jewellery articles were..........
Hindu Marriage Act, 1955, Section 13, 25, 27 -- Divorce petition by husband - Wife seeking permanent alimony and return of dowry articles - Award of Rs.80, 000/- as permanent alimony and order as to payment of Rs.750/- p.m. as maintenance - Divorce decree granted - Wife did not challenge divorce decree - However, sought enhancement of permanent alimony - Husband earning..........
Hindu Marriage Act, 1955, Section 27 -- Divorce petition by husband - Wife seeking return of dowry articles - Dispute about dowry articles as husband alleged that wife already taken away part of it - Held, matter of return of dowry articles to be decided in the execution case...........
Protection of Women From Domestic Violence Act, 2005, Section 12(1), 19(8) -- Divorced wife - Even a divorce wife can claim return of cash paid and gold ornaments given as dowry...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 397, 401 -- No allegation as to entrustment of stridhan or dowry articles and no allegation as to refusal to return the same - No allegation that any particular dowry article was ever demanded by petitioner - Offence u/s 406, 498-A IPC not made out even if allegations in complaint are taken..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Marriage - Proof of - Deed of compromise produced by accused whereby it was undertaken by the accused to return the dowry articles given at the time of marriage - Held, this document by itself completely falsifies the defence regarding marriage...........
Criminal Procedure Code, 1973, Section 468, Penal Code, 1860, Section 406 -- r/w 109 - Cognizance of Offences - Limitation - Quashing of complaint - No explanation rendered as to why the complainant waited for a period of about seven years for filing the complaint - Period of limitation for offence u/s 406 r/w 109 IPC has to be counted after the expiry of period of three..........
