Will -- Genuineness of Will - Scribe and one of the witnesses were unison - Testator was conscious of the fact that he had a wife and a minor child whose interest had been take care of by leaving part of the property for them - No error committed by High Court in holding that Will was not surrounded by suspicious circumstances...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere acquittal of husband in a criminal case filed by wife, does not wash away cruelty committed by husband of being involved with a young girl during subsistence of his marriage with wife and cannot be a ground to grant divorce - Divorce petition dismissed...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is living separately from husband due to harassment and cruelty by husband and his family members and husband marrying another woman - It cannot be concluded that wife is living separately from husband without any reason - Wife is thus, entitled to maintenance - Trial Court directed to order afresh on..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife admittedly quit her job to take care of children - Contention of husband that wife is lazing around and not earning money to take care of children rejected, as taking care of children for a mother is a whole time job - Maintenance @ Rs.36000/- p.m. granted to wife...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Factum of marriage admitted - Divergent version as to living separate which will be decided after parties adduce evidence - Merely because wife is highly qualified, maintenance cannot be denied to her - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance - Paternity of child - DNA test - Husband admits his marriage with wife although it was argued that saptpadi was not done - However, same is not material at this stage - It cannot be said that marriage between parties is not a valid marriage - Wife is seeking DNA examination so as to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere demand of money from the wife or her parents for running a business without anything more would not constitute cruelty or harassment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide within 7 years of marriage - There was a demand of money by accused, as he wanted to start a ration shop - However, no evidence on record in the form of cruelty and harassment on the part of husband which would in ordinary circumstances drag wife to commit suicide as if she was left..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband getting pension @ Rs.44,279 p.m and pension amount will be gradually increase - Considering the market price and need of a person being wife of a Sub-Inspector according to her status, wife entitled to get Rs.10,000/- p.m towards maintenance allowance...........
