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...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
Indian Penal Code, 1860, Section 363, 376, Prohibition of Child Marriage Act, 2006, Section 3 -- Quashing of FIR u/s 363 or S.376 IPC on the basis of statement of minor that she has contracted the marriage of her own - Consummation with the wife below the age of 15 years, is an offence - No exception can be made to the said constitutional mandate - If the girl is more than..........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13(b)(1) -- Divorce - Obtained by husband by playing fraud on wife and Court - Court which granted decree set aside the decree in exercise of power u/s 151 CPC - Validity of order - Courts have unlimited and unrestricted powers u/s 151 CPC to make such orders as may be necessary to meet the ends of..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of first wife by assaulting her with a knife and for causing disappearance of evidence - Circumstantial evidence - Motive along with chain of circumstances proved - Accused miserably failed to show any missing link in the chain of circumstances - Conviction calls for no interference...........
Criminal Procedure Code, 1973, Section 125(1)(a)(b), Family Courts Act, 1984, Section 19(4) -- Maintenance - Entitlement - Wife employed as teacher and drawing fixed salary - No pleading that minor child is in a position to maintain himself but admittedly he was not a party in the case filed by opposite party - Family Court was pleased to allow claim of maintenance in..........
Indian Penal Code, 1860, Section 498A -- Second wife - When husband, relative or society consider and recognize second wife as a wife then second wife is not excluded from the purview of S.498-A IPC...........
