Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition filed by husband - Wife was beaten and turned away from matrimonial house not only by husband but by his son through first marriage - Wife got hatred as against love as she was expecting protective umbrella of matrimonial home but that was not provided to her - Despite compromise arrived at..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 20, 22, 23 -- Domestic violence - Residence order - Wife and her son living separately as husband refused to maintain her and to settle her along with him - It is obligation of husband to maintain his wife and son - Husband rightly directed to provide two rooms accommodation or to give an amount of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, 23 -- Domestic violence - Maintenance - Husband refused to maintain wife and son - It is legitimate obligation of petitioner to maintain his wife and son - Husband not produced any evidence that wife has any source of income, whereas, husband is having sufficient means to maintain wife -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Eviction petition on ground of bonafide necessity - Subsequent event that son of landlord joined service for whose necessity eviction was sought - Plea of landlord that joining of service by son is merely a temporary stop gap arrangement and is necessary to earn livelihood -..........
Hindu Succession Act, 1956, Section 15(1)(b) - - Female Hindu dying intestate - Inheritance - Step son of female Hindu falls in the category of heir of husband and is entitled to succeed to her property in the absence of any other legal heirs...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife used to abuse husband as `Dhobi' and son as `Dhobi's son' - It does not amount to mental cruelty as such scolding is the common reaction to discipline him and it denotes lack of culture on part of wife...........
Guardians and Wards Act, 1890, Section 25 - - Custody of child - Welfare of child - Child unequivocally stated in Court that father was not known to him - It means that ever since parties separated, father had never bothered to visit child - When this was the attachment and care of father for his minor son, he certainly not entitled to his custody - Child desires to live..........
Will -- Suspicious circumstances - Will thumb marked whereas testatrix earlier used to sign - No explanation as to what prevented testatrix to put her signatures on alleged Will - Will allegedly executed in favour of sons of youngest son though she had affection with all her sons and daughters and her grandchildren - Mandatory requirement of attestation by witnesses not..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Demand of necklace - Accused bearing expenditure of marriage of girl side with his son - There cannot be a question of demand of necklace...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased stated in her dying declarations that her i, laws demanded necklace and under the compulsion and pressure she burnt himself - Dying declarations are not proved on record - None of prosecution witness stated that there was any quarrel between deceased and her i, laws - Evidence on record..........
