Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Grant of - Husband was having illicit relationship with his aunt and due to this wife was living separately - Despite several efforts husband was not willing to forsake that relationship - Held, finding of family Court that petitioner/wife has become disentitled from claiming maintenance as she has refused to..........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Maintenance - Award of maintenance allowance amounting to Rs.1,000/- per month to wife from the date of application - Revision thereagainst filed by husband - Question of living with her husband has been fully considered and lower Court has given well reasoned findings with regard to justification of wife for living..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Petitioner/wife has started living separately due to beatings given to her by respondent and also persistent demand of dowry made by him - Petitioners could not maintain themselves - Respondent has not placed any tangible evidence on record to establish that petitioner/wife has any independent source of..........
Criminal Procedure Code, 1973, Section 125 -- Expln.(b) - Maintenance to wife - Scope - Even after dissolution of marriage husband not absolved from making payment of maintenance to wife who has not remarried...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Indian Penal Code, 1860, Section 302,149 -- Murder - Nine accused committed murder of husband and wife - PW-4 and PW-5 were present at the time of incident - Prior animosity and clashes between two families has come on record - No challenge to vital facts - Son of deceased was also the eye-witness - No provocation on the part of deceased proved - Number of injuries found..........
Indian Penal Code, 1860, Section 302,34,149 -- Murder - Intention and object - Nine accused persons committed murder of husband and wife - Prior animosity and clashes between two families has come on record - Accused persons come with express object of killing deceased and his family members - Deceased, admittedly, had fallen on ground - Accused still continued inflicting..........
Indian Penal Code, 1860, Section 498A,323,504,506,354,495, Dowry Prohibition Act, 1961, Section 3,4 -- Ill-treatment and cruelty at matrimonial home - Wife was compelled to go to her parents house - Jurisdiction - Court at a place where consequence has ensued, is competent and has jurisdiction - In the instant case wife was warned to bring the demanded items and then she..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - Wife and minor daughter living at parental home of wife whereas it is the responsibility of the husband to look after and maintain them - Held, maintenance is payable from the date of filing of application...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ground of cruelty - Wife remained only for about 18 days with husband - Wife, on one ground or other, refused to establish physical relations with husband - Wife told him that she was not willing to marry him as she was having love affair with some one and her marriage was solemnized by her parents under, pressure -..........
