Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...
Criminal Law - Conviction and Sentence - Criminal appeal against conviction for dowry death under Section 304B IPC and cruelty under Section 498A IPC - Appellant convicted by Trial Court - Sentenced to 10 years rigorous imprisonment under Section 304B and 2 years under Section 498A, with a fine and default imprisonment - Appeal challenges validity of conviction and sufficiency of evidence - High C...
Domestic Violence – Proceedings under Section 12 of D.V. Act challenged – Petitioner claims respondent already receiving maintenance from salary and under Section 125 Cr.P.C – Magistrate issued notice for response, no interim monetary compensation ordered – Legal position on scope of notice under Section 12 clarified by Supreme Court – Petition dismissed, premature ch...
Dowry Prohibition Act – Conviction under Section 4 – Petitioner convicted for demanding dowry from his wife and her family, including Maruti car, color TV, and fridge – Trial court sentenced him to 6 months’ simple imprisonment and a fine of Rs. 5,000 – Appellate court upheld the conviction but modified the default sentence to one month’s imprisonment [Paras 1-2...
Maintenance Law – Maintenance under Section 125 of CrPC – Enhancement and Cancellation of Maintenance – Application for cancellation of maintenance by husband rejected by Family Court – Application for enhancement of maintenance by wife allowed by Family Court – Husband challenged Family Court’s decision in High Court – High Court examined evidence and con...
Family Law – Maintenance – Enhancement and Cancellation – Criminal Revision against Family Court order –
Maintenance to Wife and Son – Section 125 of Cr.P.C. – Challenge by Husband – Allegation of Suppression of Employment – Wife employed in private service earning Rs. 12,000 to Rs. 15,000 per month – Family Court rejected husband&...
Maintenance – Quantum Determination – True Disclosure of Income and Assets – Petitioner challenged the order directing him to pay maintenance to the respondent – Contention that the petitioner's unemployment and lack of documentary evidence regarding income were not considered – Court emphasized the requirement of true disclosure of income, assets, and liabilities...
Restitution of Conjugal Rights – Validity of Marriage – Appeal challenging the Family Court's decree for restitution of conjugal rights in favor of the respondent – Appellant contended that no marriage took place and that the respondent's claims were fabricated – Respondent provided evidence of marriage through testimonies and documents – Trial court found the...
Criminal Law – Appeal against conviction in dowry death case – Challenge to the sufficiency of evidence regarding cruelty and dowry demands leading to the wife’s suicide – Key witnesses, including family members and neighbors, provide conflicting testimonies about the nature of the relationship and alleged cruelty – Prosecution fails to establish a direct connection b...
Protection of Women from Domestic Violence – Monthly Allowance and Rented Accommodation – Petition under Article 227 challenging trial court and appellate court orders – Contention of insufficient monthly allowance and non-provision of rented accommodation – Execution proceedings initiated – Initial order directed payment of Rs. 5,000 per month for rent and provision ...