Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Wife wrote letters to superior of husband depicting him as adulterer and womanizer - Also requested him to refrain from promotion and transferring him from place to place - Held, such allegations are sufficient to satisfy elements of mental cruelty on part of wife...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Conviction - Sustainability - Dying declaration - Mandatory requirement of S.32 of the Act, 1872 not complied with - Written report lodged by deceased not to be treated as dying declaration - Moreover, PW1 who intervened during scuffle between deceased and appellant to separate the two not..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition filed by husband - Applicant not appearing before trial Court - Evidence of husband stands recorded and only the evidence of wife is to be recorded - Averment regarding paucity of funds also not made out - No case made out for transfer of case at the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground for divorce even though parties are living separately for last more than twenty years - Fact that wife expressed time and again her desire to go back to matrimonial home and not to suffer title of divorced women is enough not to infer irretrievable breakdown of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Appeal for enhancement - Grant of maintenance at Rs.60,000/- P.M. in favour of wife - Contention of husband that wife was residing in matrimonial home and is providing food to wife - Wife had a plot of land 1,000 sq. yard, however said plot is not earning her any income - Possibility of sale of said plot..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband as well as wife can claim maintenance pendente lite on showing of not having independent source of income...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Cannot be refused on the ground that business of husband is closed down if wife is unable to maintain herself or her minor child and husband is able bodied and is not mentally ill...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife NRI and living in USA prior to and after marriage - Wife earning 1400/- American Dollars per month - Wife in her affidavit nowhere stated that she is unable to maintain herself - Maintenance pendente lite refused...........
Indian Penal Code, 1860, Section 304B,302,34, 498A, Dowry Prohibition Act, 1961, Section 3,4, Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Death of husband and wife - Trial Court discarded and disbelieved dying declaration stated by wife - Dying declaration is totally inconsistent with medical evidence as her..........
Hindu Marriage Act, 1955, Section 24, 13, 19 -- Maintenance pendente lite - During pendency of appeal - Wife did not file an application u/s 24 of the Act - Court can grant maintenance pendente lite without going into the technicalities of filing an application by wife...........
