Indian Penal Code, 1860, Section 498A, 323, 506, 504, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against sisters-in-law (Nanads) of wife - Omnibus and general allegations leveled against accused - Accused/sisters-in-law were already married prior to marriage of wife/complainant and her husband - They were living at far away place..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Plea of financial insecurity taken by wife - However, wife has not come forward with any kind of allegation that husband does not have any income - Wife has not pleaded anywhere nor deposed on the plea of financial instability - Court shall not permit counsel to make out a case which is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Neither in the application nor in her evidence wife pleaded incident of physical cruelty except that husband did not take care of her when she was admitted in hospital - Nothing can be seen from the evidence of daughter of parties nor even an incident is ever disclosed from which it can..........
Indian Penal Code, 1860, Section 448, 504, 506 -- House trespass - Father who had valid visitation right to meet his daughter, entered garbage van and met daughter - This is dubbed by wife to be a criminal trespass into the house with a criminal intent to intimidate daughter - No offence is made out against accused - Proceedings quashed...........
Minor wife -- Custody to guardian or husband - Minor marrying against wishes of parents - Paramount consideration in deciding the return of a minor to the custody of guardian or husband is welfare of the minor - A minor capable of making conscious decisions about her welfare and future life and voluntarily entering into a marital relationship should be considered - Wife..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceedings of determination of maintenance are summary proceedings - Detailed inquiry cannot be undertaken, as Family Court cannot calculate arithmetically exact figure of maintenance or interim maintenance...........
