Criminal Procedure Code, 1973, Section 125(1) -- Maintenance to wife - Wife is residing with her parents and has no source of income - Award of maintenance thus, cannot be denied to wife - However, since Court below has not dealt the issue regarding source of income of husband as such case remanded back and Court below to pass a fresh order...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Parties are residing separately since 1991 i.e only one day after the marriage - Wife lodged criminal complaints/FIRs against husband in which he and his family members were acquitted - Efforts to resolve dispute through process of mediation already failed between parties - There appears no chance that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental Cruelty - Petition by wife - Husband whose anticipatory bail was dismissed on the ground that he could not make a demand draft of Rs.5 lacs and even today he has not taken any bonafide step to secure future of his son who is residing with wife, conclusion can be drawn that he does not want to spend a single..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused confessed the crime before his wife - Conduct of accused in confessing the crime and requiring her wife to inform the villagers and relatives and accused himself immediately surrendered to police were duly corroborated by PWs - Evidence adduced unmistakably points arrow of guilt at accused - Weapon of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 120B -- Quashing of proceedings - Offence u/ss 408, 120-B IPC - Arrest of accused from place `P' stands duly established on basis of general diaries recorded at place `P' as also at place `L' - Even, stand of petitioners that they had accompanied the police at place `L' to effect arrest of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence of husband struck off and it became final as husband never challenged said order - Maintenance granted to wife in view of income of husband is reasonable and suffers from no illegality - Maintenance rightly granted to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Magistrate has power to decide validity of talaq in a petition filed by wife under the Act, if husband disputes marital status on the ground that he has divorced wife by pronouncement of talaq...........
Protection of Women From Domestic Violence Act, 2005, Section 19, 17 -- Residence order - Shared household - Continued residence or occupation of shared household is not at all required for entitlement of a wife to get residential order...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Adverse inference - To invoke adverse inference as envisaged u/s 114 r/w S.106 Evidence Act, presence of accused either before death or immediately after death is essential...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Presence of accused on the date of incident not proved by prosecution - It would not be appropriate to draw adverse inference as per S.114 of Evidence Act - Court cannot invoke provision of S.106 of Evidence Act and ask accused to say reasons for murder of his..........
