Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - She is not under any kind of illegal confinement - Moreover, corpus being minor, no other than her parents can stake a claim for her custody - Writ petition dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife can claim maintenance despite decree of Restitution of Conjugal Rights having been passed against her, but only if husband in any way has obstructed her from obeying such decree...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Wife failed to bring any material on record regarding any obstacles created by husband in obeying such decree - It is wife who challenged said decree before appellate Court - No sufficient cause has been shown by wife for withdrawing from..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Territorial jurisdiction - Complaint u/s 12 of the Act - Wife is residing at Kannur, at the residence of her sister - Such fact is not disputed by husband - Wife though temporarily residing at Kannur, Court at Kannur thus, has got jurisdiction to entertain and try the petition...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Merely an offer being made to provide another suitable accommodation cannot snatch away legitimate right of wife of shared household...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife bilaterally decided to reside together and cohabit after condoning the so called act of cruelty - It is not the case of husband that said decision was unilateral act of wife - Case would be squarely covered by provisions of Ss.23. 23(1)(b) of Hindu Marriage Act -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband and wife though started residing separately from 1997 - However, in 2005, husband and wife settled their dispute and started residing together - Factum of separation as mandated by law is thus, missing - Even otherwise, ground of desertion cannot be accepted for want of cause..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband in his evidence deposed about mental illness and imbalanced and irrational acts and behaviour of wife in the fit of illness - Wife however, denied this ground in toto - Even otherwise, if wife had been suffering from illness of schizophrenia, she would not have been able to do her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is not doing any service - However, husband has agricultural farming and he is young man and on daily wage Rs.200/- per day is Rs.6000/- assessed by trial Court as monthly income of husband - Wife on the other hand is graduate lady but not doing any service and has no source of income, unable to..........
