Constitutional Law - Protection of Life and Liberty - Petitioners sought protection of their life and liberty due to threats from private respondents after their marriage - Boy not of marriageable age under Section 5(iii) of Hindu Marriage Act - Court held that the primary issue is the fundamental right to life and liberty under Article 21, which must be protected regardless of the validity of the marriage - State directed to provide necessary protection​​.

Family Law - Validity of Marriage - Court refrained from expressing an opinion on the validity of the marriage, focusing instead on the protection of fundamental rights - Noted that under Section 11 of the Hindu Marriage Act, a marriage in contravention of Section 5(iii) is not void but voidable​​.

Decision - Protection Granted - The court directed the Senior Superintendent of Police, SAS Nagar, Mohali, to verify the contents of the petition and the threat perception of the petitioners, and to provide necessary protection if required - Petition disposed of without commenting on the marriage's validity​​.

Hindu Marriage Act, 1955 - Section 13 - Divorce on Grounds of Cruelty - Held, husband's allegations of cruelty by wife unsubstantiated as no specific incidents or dates provided. Evidence showed husband pressured wife for money and subjected her to physical and mental cruelty. Allegations of desertion by wife meritless as she was forced to leave due to husband's adverse conduct. Divorce decree set aside.

Mental Cruelty - Lack of Substantiation - Analysis - Held: Husband's claims of being subjected to mental cruelty by wife were mere unsubstantiated averments. No specific incidents or dates were mentioned. Evidence revealed husband's financial demands from wife's parents and subsequent harassment upon her inability to meet these demands.

Desertion - Lack of Merit - Analysis - Held: Husband's continuous neglect and hostile behavior towards wife led her to take refuge in her parental home. He created adverse circumstances, leaving her no option but to leave with her children. Husband cannot take advantage of his own wrongs to seek dissolution of marriage.

Decision - Divorce Decree Set Aside - Court set aside the impugned judgment and decree of divorce, recognizing the unsubstantiated nature of the husband's allegations and the husband's own culpability in creating the adverse circumstances.

Criminal Law - Cause of Death - Hanging vs. Strangulation - Forensic evidence and medical jurisprudence distinguish hanging from strangulation - Strangulation characterized by horizontal ligature marks, injuries to neck muscles, and ruptured carotid arteries - Post-mortem showed injuries consistent with strangulation, not hanging - Appellant's claim of suicide rejected - Conviction upheld. [Paras 24, 25]

Forensic Evidence - Medical Jurisprudence - Detailed examination necessary to distinguish causes of death - Differences between hanging and strangulation explained - Modi's Medical Jurisprudence cited - Strangulation indicated by protruding tongue, ecchymosis, and lacerated neck tissues - Death classified as homicide. [Paras 24, 25]

Decision - Conviction and Sentence Upheld - Prosecution proved case beyond reasonable doubt - Appellant's defense of suicide contradicted by forensic evidence - Appeal dismissed - Life imprisonment sentence confirmed. [Para 26]

Criminal Law - Plea of Insanity - Section 302 IPC - Appellant convicted for murder - Defense under Section 84 IPC claiming schizophrenia - Evidence showed appellant's behavior did not support claim of unsoundness of mind at the time of the crime - Legal insanity not established - Appeal dismissed. [Paras 26, 37]

Insanity Defense - Legal vs. Medical Insanity - Distinction between legal and medical insanity emphasized - Appellant failed to provide evidence of schizophrenia during the commission of the offense - Behavior before and after crime indicated awareness of actions - Legal standards under Section 84 IPC not met. [Paras 26, 37]

Burden of Proof - Section 105 of Indian Evidence Act - Onus on the appellant to prove insanity at the time of the offense - Appellant did not produce sufficient evidence - Presumption of sanity upheld - Conviction sustained. [Para 26]

Decision: Appeal dismissed. Conviction and sentence by the Sessions Judge, Amritsar upheld. Appellant to surrender for the remaining part of the sentence. [Paras 26, 37, 38]

Family Law - Divorce - Cruelty - Appeal against divorce decree granted on grounds of cruelty - Wife's contradictory statements and unbecoming behavior - Evidence showed wife used derogatory language, insulted husband and his parents, and made false allegations - Such behavior considered mental cruelty - Appeal dismissed​​.

Family Law - Evidence and Credibility - Contradictions in wife’s deposition and written statements - Failure to provide supporting witnesses to her allegations - Court found wife's conduct amounted to mental cruelty and upheld the divorce​​.

Decision - Dismissal of Appeal - Divorce decree upheld as wife's conduct met the criteria for mental cruelty - Appeal dismissed and Trial Court's decree confirmed​​.

Service Law - Recruitment Qualification Requirements - The prescribed educational qualification for the post of Intelligence Assistant included a graduate degree with an 'O' Level certificate of Information Technology from DOEACC/NIELIT or equivalent - Appellants possessing B.Sc. degrees with computer subjects were rejected - Held, 'O' Level certificate is a specialized course, not equivalent to general computer science subjects - Department's prescription of specific qualifications upheld - Appeal dismissed​​.

Equivalence of Educational Qualifications - Departmental Discretion - Equivalence claims based on self-conceived parameters not valid - Department's discretion in setting and recognizing qualifications affirmed - Reliance on Full Bench judgment in Manjit Singh case misplaced as it pertains to higher qualifications in the same line and discipline - Appellants' qualifications not equivalent to 'O' Level certificate, thus ineligible​​.

Decision - Dismissal of Appeal - Appellants' claim of higher qualifications not accepted as equivalent to the prescribed 'O' Level certificate - Department's recruitment criteria upheld - Appeal dismissed​​.

Family Law - Custody of Minor Child - Financial Condition of Mother - Mother of minor child sought custody from grandparents - Superior financial condition of grandparents not a ground to deny custody to the mother, who is the natural guardian - Consideration should be who provides better care and welfare for the child - Mother working as a lab technician earning Rs.10,000/- per month - Despite not being financially at par with grandparents, she is capable of caring for the child - Maternal love and care cannot be quantified in material terms - Custody granted to mother​​.

Family Law - Legal Rights of Grandparents - Both parents alive but estranged - Grandparents cannot claim custody as a matter of legal right - Father of the child moved abroad, neglecting his duty - Grandparents getting older - Mother willing to give undivided attention to the child - Grandparents' right to custody cannot override the welfare of the child - Custody awarded to the mother as the primary nurturer​​.

Decision - Custody of Minor Child - Welfare of the child is paramount - Financial status of mother not a valid ground to deny custody - Mother's role as primary caregiver emphasized - Custody of the minor child handed over to the mother - Appeal allowed, trial court's order set aside​​.

Real Estate Law - Pre-requisite Deposit for Appeals - Jurisdiction - The Real Estate (Regulation and Development) Act, 2016 - Appeal by the promoter questioning the jurisdiction of RERA Authority - Held, the stringent provision under Section 43(5) mandates the deposit of a pre-requisite amount with the Appellate Tribunal before the appeal is entertained - Even if the Appellate Authority decides on maintainability, the hearing constitutes an appeal decision, necessitating the deposit - Appeal dismissed​​.

Real Estate Law - Legislative Intent - Consumer Protection - The Act aims at regulating and promoting the real estate sector efficiently and transparently while safeguarding consumer interests - The requirement of depositing the pre-requisite amount before appealing ensures that consumers are not dragged into unnecessary litigation by promoters or developers​​.

Decision - Dismissal of Appeal - The appeal challenging the need for a pre-requisite deposit was dismissed - Promoter must deposit the specified amount to proceed with the appeal under Section 43(5)​​.

Criminal Law - Murder Conviction - Section 302 IPC - Appeal against conviction for murder outside court premises - Eyewitnesses turned hostile - Trial court's reliance on consistent portions of hostile witnesses' testimonies upheld - Ballistic evidence confirmed cartridges matched pistols recovered from accused - Appellant’s appeal dismissed. [Paras 31, 50, 64]

Witness Protection and Fair Trial - Witness Protection - Duty of State - Several eyewitnesses, including police officials, turned hostile - Cross-examination of key witness delayed by six months, leading to witness being won over - Court emphasized the State's duty to protect witnesses and ensure fair trials - Adjournments criticized for causing witness intimidation and trial delays. [Paras 49, 50, 59, 64]

Judicial Directives - Speedy Trial and Witness Protection - Trial courts directed to comply with Section 309 Cr.P.C. for expeditious trial - Adverse remarks in ACRs of judicial officers for non-compliance - State instructed to amend IPC and Cr.P.C. to penalize witness intimidation - Mandatory immediate travel allowance and lodging for witnesses, security measures at their homes, and disciplinary actions against hostile police witnesses. [Para 62]

Decision:

The appeal is dismissed. The conviction and sentence of life imprisonment of the appellant are upheld. The trial court's handling of hostile witnesses and reliance on supportive portions of their testimonies, corroborated by ballistic evidence, were affirmed. The court issued comprehensive directives to ensure the protection of witnesses and the expeditious conduct of trials, emphasizing the State's role in safeguarding the criminal justice system's integrity.