Indian Penal Code, 1860, Section 302, 304(Part I) - - Accused committed the act on spur of moment in a petty quarrel with his wife/deceased - He did not have requisite mens rea to commit offence of murder - Motive of crime not proved on record - But as he is a grown up man, he knew his actions of pressing neck would cause such bodily injury which may lead to death of..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 304(Part I) - - Offence u/s 304(Part I) IPC - Husband allegedly killed his wife by strangulation - Child witness/PW7 is a star witness of prosecution, aged about 8 years at the time of examination in Court - He stated that his father/accused quarreling with his mother sat over her chest and pressed her neck..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties solemnized in 1983 but no child was born of said wedlock - Wife was residing away from husband and he is paying maintenance to wife since 1992 - Said fact is not rebutted by wife - It is also proved on record that wife had deserted husband for continuous..........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Hindu Law -- Widow's estate - Prior to Hindu Succession Act and Hindu Law Women's Right to Properties Act (State Act) - Succession opened on the death of husband in 1907 - State Act was not in force at that time - Estate which was inherited by wife was that of a widow - She therefore, not acquired absolute rights, as such right which she had was right of Hindu widow under..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order that there shall be set off regarding the amount of maintenance received by wife under any other provision of law - No interference warranted in the impugned order...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - When husband fails to tender appropriate evidence, then wife not having tendered evidence cannot be held against her...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Acquittal of husband in criminal case - Does not disentitle wife from claiming maintenance...........
