Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife deposed that she was left at her parental home in injured condition and thereafter despite her efforts, husband failed to take her back to matrimonial home - Husband has not explained the circumstances in which wife had been left at her matrimonial home - No challenge made to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused was in the habit of drinking and squandering away his property by selling it of and that was the cause of confrontation between accused and his wife - Act of accused do not amount to instigation to commit suicide unless there was something more to add upon - Moreso, accused had already undergone whole..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Divorced wife has no case that she is having any title or ownership over property in question - She was trying all means to continue in the property by filing cases one after another against her husband and in-laws - No domestic violence was committed against wife as found by Magistrate..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of senior citizen - Son is residing in one room of house in question with his wife and there are other rooms where others can live - Father is no more and mother is residing with her daughters - Son is not making any hindrance in peaceful living of his parents -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife admitted that she left matrimonial home in 2011 and when her parents lodged missing complaint with police she turned up to her parents home - She voluntarily deserted husband by leaving his company - Wife failed to prove that she was subjected to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition filed by husband - Children of parties uniformly stated that father used to ill-treat mother in several ways and that is why she was compelled to leave the house - It cannot be said that wife left the matrimonial home without just cause - Though husband filed application for restitution of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was ailing and not keeping good health as per statement of psychiatrist - It was not a case of suicide - More so, evidence on record shows that there is marital discard, as accused/husband was not in speaking terms with deceased/wife - No material evidence sufficient enough to attract ingredients of..........
