Family Courts Act, 1984, Section 7 -- Return of gold ornaments and money - Wife by oral and documentary evidence proved that gold ornaments and money was given to husband at the time of marriage - Said fact was corroborated by her father - RW2/gold smith also supported the testimony of wife that it was he who had made gold ornaments as directed by father of wife - Both..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband is suffering from diabetics, same cannot exonerate him from maintaining wife and two children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Divorced wife is also entitled to maintenance u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife and two children - Husband was aged about 43 years at the time of filing of application - No contra evidence to prove that husband is suffering from any serious illness - Although wife had filed application u/s 3 of Muslim Women's (Protection of Rights) on Divorce Act, but nothing on record..........
Indian Penal Code, 1860, Section 302, 201, 120B, 34 -- Murder - Circumstantial evidence - Last seen theory - PW2/wife of deceased stated that deceased and accused went together for consuming liquor but deceased did not return - She stated that she also went in search of her husband along with one accused who came sometime thereafter - However, version of PW2 is not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Where earning of wife is good, that factor can always be considered, as joint parenting is always best for upbringing of child...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making of serious and unsubstantiated allegations by wife against husband regarding illicit relationship, dowry harassment and sexual exploitation by brother of husband, clearly shows vindictive nature of wife and amounts to extreme cruelty towards husband - Divorce granted to husband...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused saw deceased/wife drenched in kerosene clearly took advantage of situation and lightened a match stick and threw it upon her so that she is burnt - He having taken undue advantage of situation cannot take advantage of benefit of S.300 Exception 4 IPC so as to bring case within ambit of..........
