Service -- Dismissal - Reinstatement - Dispute leading to conviction was essentially matrimonial in nature and was purely a personal dispute and had no connection with discharge of duties of petitioner - Disciplinary authority ought to have considered redeeming feature existing in favour of petitioner before taking harsh decision of dismissing him from service -..........
Indian Penal Code, 1860, Section 302, 498A -- Murder of wife by husband - Cruelty - Death by burning - PW8, sister of deceased had seen accused leaving the spot and her sister/deceased was in flames in kitchen - Presence of PW8 at the spot is natural and cannot be doubted, as PW8 residing in same house along with accused and deceased - Mere recovery of one plastic can from..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is earning does not absolve husband of his responsibility to maintain his three minor daughters...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband engaged in several businesses having turnover of Rs.50 Lakh to Rs.One Crore per annum - Regular medical expenditure being incurred by wife on her daughter who is living with her is approximately Rs.5,000 pm besides her educational expenses and other day-to-day expenditure -..........
Civil Procedure Code, 1908, Order 18, Rule 3A, Evidence Act, 1872, Section 120 -- Husband appearing as a witness of wife in pursuance of S.120 Evidence Act - Wife can be permitted to examine herself as a witness at a later stage, inspite of the fact that she authorised her husband to enter into witness box and depose as her agent...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald allegations of cruelty made against wife by husband - Husband failed to point out cause of quarrel - He himself admitted on oath that he did not want to marry with wife - Husband completed B.Sc but still he is unemployed - Conduct of husband reveals that he is not interested to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that wife lived in her matrimonial home only for one year - While couple had two daughters who are not twin - Statement of husband itself speaks in volumes that it is wrong - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - No evidence on record that wife has an intention to bring cohabitation permanently to an end without reasonable cause and consent of husband - Wife stated that she want to come back with her husband and resume cohabitation - Ground of desertion not proved - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Conduct of husband towards wife is inhuman and she has been ousted from her matrimonial home deliberately by husband - Husband himself given statement before State Commission of women that he shall not keep wife with him - More so, inspite of fact that a decree of restitution of..........
