Will -- Suspicious circumstance - Execution of Will in favour of adopted son to the exclusion of grandson (son of deceased daughter of testatrix) - Grandson was residing with testatrix at the time of adoption and testatrix performed his marriage - Disowning of her grandson by testatrix is thus, a suspicious circumstance which remained unexplained, particularly when he was..........
Will -- Exclusion - Own grandson excluded - A passing sentence in the Will that he became uncaring towards her and was placing her in difficulties is not sufficient to explain total disinheritance of a grandson within a few months of performing his marriage - More so, when witnesses evidence confirmed that he was with her and was on amicable terms throughout...........
Family Courts Act, 1984, Section 7 -- Return of gold ornaments and money - Wife by oral and documentary evidence proved that gold ornaments and money was given to husband at the time of marriage - Said fact was corroborated by her father - RW2/gold smith also supported the testimony of wife that it was he who had made gold ornaments as directed by father of wife - Both..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Hearing through Video Conferencing - Both the parties residing abroad and are unable to appear in person - Family Court directed to make arrangements to hear the matter through video conferencing...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - When there is no possibility of parties resuming cohabitation, cooling off period is to be waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual Consent - Waiving of six months waiting period - Parties are sufficiently educated and they have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months waiting period waived...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making of serious and unsubstantiated allegations by wife against husband regarding illicit relationship, dowry harassment and sexual exploitation by brother of husband, clearly shows vindictive nature of wife and amounts to extreme cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of criminal complaint per se cannot amount to cruelty, however such grave and indecent allegations of cruelty should be substantiated during divorce proceedings...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution has a case that initially proposal of marriage of prosecutrix with accused was accepted by his family and only then accused refused the offer of marriage, FIR was finally lodged - All these factors point out towards the fact that what was alleged as rape was not rape but could be consensual act - Prosecution failed..........
