Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty by husband - Husband demanded dowry from his in-laws which were met for most of the time as wife belonged to a affluent family - Husband did not take care of wife and she lost the child after full term pregnancy - Later, husband and his family members did not see the child born from her second pregnancy - Plea..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Wife stated that she was deceitfully taken to a temple by offering `Prasad' spiked with some drug and her signatures were obtained on blank papers - However, no evidence on record as to why wife remained silent almost for a period of 6 years - Nothing prevented wife..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Accused tried to hide the evidence i.e. iron rod with which he assaulted his wife - Accused locked the door from outside when he went to meet his sister - Even after he brought his sister back to his home, he sent both his children to his sister's house and then he took his wife to hospital - Whole chain of..........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - If a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock...........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Paternity of child - DNA test - Wife sought maintenance from her husband - No claim has been raised on behalf of minor - It is not necessary to conduct DNA test of child in order to decide the application u/s 125 Cr.P.C for maintenance instituted by wife, particularly when child is not a claimant...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
