Abetment of Suicide : Appeal against Acquittal : Cruelty : On careful scrutiny of testimonies of P.Ws. 1 to 6 ingredients of Section 498A, IPC forthcoming regarding harassment causing mental agony persistently pestering her to give consent for his second marriage though no charge framed under Section 498A, Indian Penal Code : Ingredients of offence under Section 306, IPC also proved : Accused liable to be convicted under Sections 498A and 306, IPC by reason of Sections 221 and 222, Cr.P.C. : Judgment of acquital liable to be set aside.

Abetment of Suicide : Cruelty : Parties belonged to different castes : P.W. 6 was unwilling party to have marriage celebrated : On the contrary, burden is thrown and shifted to accused : Ingredients of Section 306, I.P.C. not established : No relationship of wife and husband between A1 and deceased : Ingredients of Section 498-A, I.P.C. not established.

Abetment of Suicide : Entering upon Defence : Cruelty, Dowry Demand : Defence of petitioner right from beginning that deceased committed suicide on account of her previous love affair, even prior to her marriage with accused No. 1 : Accused-petitioners made request for preferring application to examine certain witnesses : Request made by petitioners to issue summons to witnesses neither vexatious nor device to delay trial for defeating ends of justice : In absence of such circumstances, want of strict adherence to Section 233(3), Cr.P.C. by trial Judge resulted into manifest illegalities which can only be cured in revisional jurisdiction.

Adultery, Cruelty, Desertion : Application to implead second respondent (paramour) of wife : Court below concluded without impleading second respondent issue cannot be fully decided : Order impleading second respondent cannot be set aside as erroneous or without jurisdiction.

Adultery, Desertion : Permanent alimony : Parties living separate since 1988, relations tense, no chance or likelihood of their living together in future : They have been living separate for 16 years : Case under Section 13 on ground of adultery not made out but ground of desertion made out.

Bail : Anticipatory Bail : Cruelty, Grievous Hurt, Hurt : Compromise entered into between parties already broken down and bail not granted to petitioner till time said plea taken before this Court : This Court believing that compromise is still subsisting granted anticipatory bail to O.P. No. 2, accused : It is a case of violation of terms even before bail was granted by suppression of fact : By playing fraud with Court, anticipatory bail obtained : Anticipatory Bail granted to O.P. No. 2 cancelled.

Bail : Cruelty, Criminal Breach of Trust, Dowry Demand : Marriage of applicant settled with Kumari Kanchan, but not solemnized : Specific allegation that on date of marriage applicant and his mother made demand of dowry and on non-fulfilment of same they refused to bring Barat : For purpose of Section 498-A, IPC it is necessary ingredient that marriage must be performed : Admittedly marriage not taken place, so no offence under Section 498A, IPC made out : No fulfilment of ingredients of Section 406, IPC : Applicant entitled to bail.

Bail : Dowry Death : No demand of dowry made by petitioner soon before death of deceased : Petitioner in custody since 8.4.2004 : Petitioner to be released on bail on furnishing personal bond in sum of Rs. 20,000/- with one surety of like amount to satisfaction of concerned Court.

Cruelty : Continuing offence : So long as marriage persists and cruelty or such things continued for time, such FIR can be lodged or complaint case may be filed : No ground to quash FIR.

Cruelty, Criminal Breach of Trust, Demand of Dowry : Permission to conduct prosecution : When Section 302, Cr.P.C. permits conduct of prosecution by complainant personally or by Pleader and when permission could be granted for that purpose by Magistrate and reasonings found convincing, no ground to set aside impugned order.

Cruelty : Dowry Death : Deceased died out of burn injuries : Sessions Judge convicted appellant accused under Section 498-A of IPC.

Cruelty, Dowry Death : Neither parents-in-law nor Jeth, sister-in-law and brother-in-law of deceased ever lived with her and her husband : No evidence available on record to effect that soon before death of deceased she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with dowry demand : Impugned order calls for no interference.

Cruelty : Mere registration of FIR would not amount to cruelty : Nothing shown with respect to proceedings initiated under Sections 107 and 151, Cr.P.C. : It is not shown as to how mere initiation of criminal proceedings in pursuance of same caused mental or physical cruelty to appellant.

Adultery, Desertion : Permanent alimony : Parties living separate since 1988, relations tense, no chance or likelihood of their living together in future : They have been living separate for 16 years : Case under Section 13 on ground of adultery not made out but ground of desertion made out.

Desertion : Appellant is staying separately from respondent : Cannot be termed as voluntary desertion from her side : No evidence worth-the-name on record to show appellant stays in her parents' house without the consent of respondent or wilful neglect by appellant : Factum of desertion not made out.

Desertion : Two essential considerations required to be shown is factum deserendi and animus deserendi : Element of animus deserendi not there : No intention between parties to bring cohabitation permanently to end.

Divorce by Mutual Consent : Marriage between parties to petition can only be dissolved by decree of divorce by Court and not in any proceedings before Panchayat and respondent not bound by compromise unless she herself consents to same and gives her consent in proceedings seeking divorce before Matrimonial Court.

Divorce by Mutual Consent - Provisions of Sub-section (2) of Section 13-B directory in nature - Waiting period can be brought down from 6 months, when divorce by mutual consent sought in divorce petition already pending for more than 6 months and all efforts for reconciliation failed.

Divorce by mutual consent : Quashing of Proceedings : Cruelty, bigamy, criminal breach of trust, abetment, common intention, dowry demand : Mutual divorce under Section 13B of Hindu Marriage Act : In interest of future of parties as they have settled their disputes by mututal divorce, they should not be dragged to Court to face trial : Criminal proceedings quashed.

Dowry death : Cruelty : Deceased committed suicide : Allegation of harassment and cruelty in connection with demand of dowry : Appellant's husband and mother-in-law acquitted of charge under Section 304B but convicted under Section 498A : No specific evidence to effect that they subjected any cruelty and harassment to deceased : In dying declaration deceased made no allegation against these appellants : No sufficient and satisfactory evidence to sustain conviction of appellants : They deserved to be acquitted.

Dowry Death : Cruelty : Deceased died on account of illness and injuries in highly suspicious circumstances : Witnesses stated that just before death deceased was treated with cruelty for dowry by accused-husband : Alleged key ingredients of dowry death fully established : Offence of Section 304-B and 498-A proved.

Dowry Death : Presumption : Section 113B does not provide if woman shown to be subjected to cruelty soon before her death, Court may also presume that cruelty or harassment was for or in connection with any demand of dowry.

Entering upon Defence : Enacted to facilitate accused to examine his witnesses in support of his defence.

Maintenance : Application by divorced wife : If wife after taking divorce from her husband agrees to stay separately and give up her claim of maintenance, wife not entitled to claim maintenance under Section 125, Cr. P.C. : Grant of maintenance in favour of son of respondent No. 1, born out of wedlock after separation, legal and justified.

Maintenance : Adjustment of Amount : Amount paid by petitioner husband to respondent wife towards her maintenance in pursuance of order passed by ADJ under Section 24, Hindu Marriage Act liable to be adjusted against amount payable under Section 125, Criminal Procedure Code towards her maintenance.

Maintenance : Arrears of maintenance : Bar of limitation : Recovery of amount due by issuance of warrant : Application shall be made within period of 1 year from date amount became due.

Maintenance : Living separately by mutual consent : Document if proved to have been executed by mutual consent of parties, then revision petitioner may not be liable to pay maintenance to O.P. wife.

Maintenance : Major unmarried daughter entitled to maintenance from her father if she has no income to maintain herself : Courts below legally justified in granting maintenance to OP No. 2.

Mental Disorder : Cruelty, Desertion : Wife not subjected to any medical test and no such evidence brought on record by way of cross-examination of witnesses : Cause of tense relationship between husband and wife and other Sasural people was result of demand for Maruti car and its non-fulfilment : Both sides living separate from each other for last 12-13 years and no chance of their living together : Decree of divorce passed : Petitioner-appellant to make payment of Rs. 1 lac and 50 thousand as permanent alimony to defendant-respondent No. 1.

Murder, Cruelty, Dying Declarations : Possibility of deceased being tutored by her parents, cannot be ruled out : Statement of deceased gets no corroboration from articles recovered and taken into possession by Investigating Officer and fact that accused suffered burn injuries on his hands : Highly dangerous to rest conviction under Section 302, IPC on statements of deceased as statement recorded by IO in presence of doctor and one recorded by SDM, quite opposite to each other.

Proceedings against person appearing guilty of offence : Applicant named in F.I.R. for offence under Sections 304-B and 498A, I.P.C. and Sections 3 and 4, Dowry Prohibition Act, 1961.

Proceedings against person appearing guilty of offence : Cruelty, dowry death, demand of dowry : Attendance of applicants under Section 319, Cr.P.C. was to be procured by summoning them rather than directly issuing non-bailable warrant against them : Issue of summons was proper remedy.

Quashing of Criminal Proceeding : Dowry demand in close proximity to death of deceased at Mumbai : Complaint regarding directed to be treated as FIR by CJM : Lack of territorial jurisdiction hardly ground for interference : Court to decide question of territorial jurisdiction after taking cognizance : FIR prima facie disclosed commission of offence.

Revisional Jurisdiction : Scope of : This paternal power is discretionary and must be exercised only in interest of justice.

Divorce by Mutual Consent : Second motion filed after expiry of more than 18 months from order granting first motion : Maintainable.

I (2005) DMC 787 (Ker.)

I (2005) DMC 706 (P&H)

I (2005) DMC 8 (A.P.)

I (2005) DMC 503 (SC)
I (2005) DMC 493 (Jhar.)

I (2005) DMC 823 (Del.)

I (2005) DMC 345 (SC)
I (2005) DMC 575 (P&H)


I (2005) DMC 575 (P&H)


I (2005) DMC 151 (M.P.)