Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Permission sought by brother of husband to travel back to USA for resuming his job - Brother of husband not living in same premises as his brother/accused - General omnibus allegation against all accused by wife that accused ruined her life by misrepresentation, concealment etc. -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic violence - Domestic relationship - Marriage of parties does not stand proved - However, parties were living together in a relationship, which was in the nature of marriage, as per material placed on record - Domestic relationship thus, exist between parties and wife being an aggrieved person..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife already granted maintenance u/s 125 Cr.P.C. - Maintenance granted u/s 125 Cr.P.C. be adjusted towards the amount of maintenance pendente lite...........
Evidence Act, 1872, Section 45 -- Expert opinion - Husband in his divorce petition placed on record CD recording conversation of parties - Wife seeking sending CD for expert opinion raising objection of veracity of assertion so made - Wife did not indicate as to which part of CD is doctored - Does not lead to conclusion that application is bereft of requisite particulars -..........
Indian Penal Code, 1860, Section 302, 149, 148, 342 -- Murder - Informant and his family members were not there either at the time of occurrence or till arrival of police - They do not appear to be witnesses of occurrence - PWs declined to disclose the identity of assailants to police at the spot - In such circumstances, chances of concoction after deliberation cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased committed suicide due to extra marital relationship of wife - However, deceased seems to be too sensitive and possessive about his wife, he has many other avenues and alternatives to get rid off her instead of taking his own life by hanging - Charged..........
Hindu Marriage Act, 1955, Section 11, 5 -- Void marriage - Second marriage during subsistence of first marriage by husband - Second marriage is void, as first wife of husband was living along with husband at the time of second marriage - Second marriage is nullity and dissolved by a decree of nullity...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Parties not lived together for any significant length of time since inception of their marriage - Period of separation and deciduous meetings of parties are enough to show that their matrimonial bond has broken and is beyond repair - More so, admitted lack of any financial support..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Serious and scandalous allegations of character assassination were made by husband against father of wife in his written statement, which have not been substantiated by him in his evidence - Husband has treated and continues to treat, wife's family with disdain - This conduct of..........
