Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Decree of divorce passed on the twin ground of cruelty and desertion on part of wife - Held, grounds of divorce of cruelty or desertion is not relevant for refusing alimony to wife - Scope of S.25 of the Act is wide enough to grant permanent alimony to the erring wife...........
Evidence Act, 1872, Section 114 -- Live-in-relationship is permissible only in unmarried major persons of heterogeneous sex - If man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under Section 114 of the Evidence Act, that they live as husband and wife and the children born to them will not be illegitimate - Such..........
Indian Penal Code, 1860, Section 498A -- Dowry harassment - Complainant wife - Compliant against husband, his mother, father, brother and his married sister - Sister living in Gujarat and brother in Maharashtra - They never lived with complainant and husband - Complaint qua brother and sister quashed - Held, only basis to file the complaint was to harass and humiliate the..........
Hindu Marriage Act, 1955, Section 27 -- Return of dowry articles - Dowry articles already recovered through police in a case u/ss 406, 498-A & 506 IPC - Section 27 is attracted when property presented at or about the time of marriage belong jointly to both the spouses - Jewellery articles come within the scope of Section 27 - No evidence that jewellery articles were..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(v) -- Ceased to occupy - Shop closed since one year - Tenant started another shop leased by Municipality - Finding of Rent Controller that wife of tenant was doing business in another shop - Reversed by Appellate Court by holding that if wife of tenant is doing business in the shop taken on rent from..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlady sought eviction on ground of personal necessity - During pendency of petition, on death of landlady, her husband sought impleadment on the basis of will of his wife, alleging, that he should be given opportunity to show that personal necessity pleaded by landlady also flows to LR's - Held, husband,..........
Indian Penal Code, 1860, Section 375, 376, 363 -- A minor girl aged 16 years eloped with a minor boy aged 18 years of her own free will - Both of them got married as per Hindu rites - FIR got registered by father of the girl for the offences punishable under Sections 376 and 363 of the IPC - Held, neither offence of kidnapping nor of rape is attracted - The case would fall..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Murder of wife by administering poison - Accused acquitted - Held, in exceptional cases where there are compelling circumstances, and the judgment under appeal is found to be perverse i.e. against the weight of evidence or if the findings so outrageously defies logic as to suffer from the vice of..........
Evidence Act, 1872, Section 8 -- Motive - Case based on circumstantial evidence - Absence of motive in a case based on circumstantial evidence is a factor that weighs in favour of the accused - Prosecution allegations that accused committed murder of wife by administering poison - Trial court acquitted - High Court convicted holding that motive alleged was that deceased..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Quashing of proceedings - Marriage between parties dissolved - Permanent alimony already granted to wife i.e. Rs.2 lacs by this court - Held, there is no ground to direct petitioner to pay maintenance u/s 125 Cr.P.C. separately inasmuch as entire issue has now been settled and alimony too has been granted to..........
