Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition by husband - Cruelty - Husband was subjected to constant fight, and given threats of suicide and harassment in office by asking him to run back home - Husband was at peace neither at home, nor in his office - Husband was assaulted in front of children - Cruelty is not limited only to physical assault, but also..........
Indian Penal Code, 1860, Section 304-B, Dowry Prohibition Act, 1961, Section 2, 4 -- Dowry death - Husband demanded specific sum from his father-i, law - When not given, harassed and tortured his wife - Wife died after some days - Case would clearly fall within definition of "dowry" under the Act of 1961 and S.304-B IPC...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 21A -- Matrimonial proceedings - Transfer of - Matrimonial proceedings instituted by husband and wife at places "A" and "B" respectively - Distance between places "A" and "B" is about 120 KM - Respondent-husband is attending the pending proceedings before competent Court at "B" - Contention of..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternate accommodation - Interim and temporary arrangement - Flat in question owned by father of husband which was his self acquired property - Not a shared household - Keeping in view the circumstances that wife had initiated criminal proceedings against husband and his relatives and also initiated..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Parties - Proper or necessary party - Wife of defendant signed two agreements and had agreed to keep the collateral security for the loan - Suit not filed for enforcement of collateral security which was jointly owned by defendant with his wife - Held, as no relief is claimed for enforcement of joint collateral security and no..........
Indian Penal Code, 1860, Section 363, 366 -- Wife married voluntarily and living with her husband without any coercion and compulsion - Wife denied that she was ever kidnapped - Wife claiming to be major but no proof thereof - Wife directed to appear before CJM who will direct I.O. to get her examined by CMO for ascertaining her age and in case she is 18 years of age or..........
Civil Procedure Code, 1908, Section 42, 47, Family Courts Act, 1984, Section 19 -- Decree passed by Civil Court - Execution thereof by Family Court - Appeal u/s 19 of the Act against rejection of objections filed u/s 47 of CPC - Maintainability - Appellants, wife of judgment debtor, and others filed objections u/s 47 of CPC claiming that after passing of decree, judgment..........
Indian Penal Code, 1860, Section 302, 304I, 300 -- S.300 Exception 4 - Murder or Culpable homicide not amounting to murder - Mother of accused admitted in cross-examination that accused was suffering from mental illness - Accused took a plea that on relevant night his wife had scolded him for not doing any work and because of this nagging he had become angry - Held, it can..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial Proceedings - Application by wife - Statement is made in application that there is no direct transport facility from Warangaon to Aurangabad - Distance between said places is roughly 175 Kms - Nobody is there to accompany applicant during the travel - There are only old age parents with whom she is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic Violence - Wife driven out of matrimonial home prior to commencement of Act, 2005 - Held, deprivation to benefits of matrimonial home amounts to economic abuse and it generates continuous cause of action - She is entitled to move application u/s 12 of the Act...........
