Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that wife, at the time of marriage, wrongly represented that she had completed her MCA but she completed MCA after marriage - It cannot be said that wife cheated husband at the time of marriage more particularly when husband lived with wife as husband and two children..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Non filing of written statement - Defence struck off - Application u/s 151 for taking written statement on record - Plea that wife was ailing - However wife was not on leave from her employment throughout the same period - It shows the casual manner in which proceedings are pursued - Order dismissing application..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and minor son - Grant of Rs.55,000/- per month to wife and Rs.25,000/- per month to minor son from the date of filing of petition - Husband having vast properties and has no liability towards his mother or children born out of first marriage - Fact that a person who visited abroad thrice, contested..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it cannot be said that this witness..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of status of wife by husband - Huge amounts of gifts were given to husband connected with marriage - Wife had gone to her matrimonial home where she is said to have tuned unconscious - She having gone to house of husband as his wife virtually admitted and plea denying her status as wife is simply..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Domestic violence - Referred to process of mediation - Settlement arrived at in between parties - However, wife was subjected to domestic violence, thereafter - Grievances of wife after settlement have to be seen, examined, construed and adjudicated upon in the light of past alleged conduct - There..........
Indian Penal Code, 1860, Section 308, 324 -- Nature of offence - Dispute between grandson of injured and son of accused and subsequently quarrel took place between PW1 and wife of accused `B' - In such circumstances accused `B' had sufficient motive to call other accused - Evidence on record proves that upon exhortation by accused `B' other accused `N' caused injuries to..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 11 -- Murder - Death by burning - Plea of alibi - Allegation against sister-in-law (wife of brother of husband) - Accused convicted only on the basis of dying declaration of deceased - However, accused was living separately in a different house with her husband - Vague and cryptic allegations are..........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Impotency - Incapacity for sexual intercourse is an essential ingredient of impotency - Incapacity to perform the act of sexual intercourse, that is to say, inability to copulate - Impotency is the lack of ability to perform full and complete sexual intercourse - Such an inability may arise from a variety of causes including..........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Relative impotency - Parties lived together only for five days after marriage - Husband admitted that he is impotent qua wife - Sufficient evidence on record that marriage between husband and wife not consummated due to relative impotency of husband - Decree of annulment of marriage granted...........
