I (2010) DMC 689

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of Plaint — Where suit appears from averments made in plaint, to be barred by any law, then plaint can be rejected.

I (2010) DMC 707

Constitution of India, 1950 — Article 13 — Provisions of Act so long are part of Act, must pass the test of constitutionality even if provision is based on religious principles.

I (2010) DMC 707

— Article 21 — Right to life must definitely include right to healthy and harmonious matrimonial life.

I (2010) DMC 707

— Article 21 — Right to life is not merely a negative right which provides against arbitrary extinguishment of life — It includes right to meaningful life with dignity and self-respect.

I (2010) DMC 704

Criminal Procedure Code, 1973 — Sections 125, 126(2), 274, 397 r/w Section 401 — Maintenance — Evidence by way of affidavit — Not contemplated — Section 126(2), CrPC makes it clear that all evidence in respect of Section 125, CrPC shall have to be recorded in manner prescribed for summons cases, found in Section 274, CrPC.

I (2010) DMC 707

Dissolution of Muslim Marriage Act, 1939 — Section 2(viii)(f) — Dissolution of Marriage — Equal treatment of all wives, but not equitably, is no defence in a claim for divorce under Section 2(viii)(f) of Act — Mandate is not only for “equal treatment” of all wives but, equitability is the crux of the matter — Equitable treatment is to be done “in accordance with injunctions of Quran”.

I (2010) DMC 654

Domestic Violence — Word ‘respondent’ in Section 2(q) would also include female relative of husband.

I (2010) DMC 767

Evidence Act, 1872 — Section 32 — Dying Declaration — Admissibility — Vague statements as regards torture and illegal demand by accused — Dying declaration not admissible.

I (2010) DMC 767

Evidence — Examination of witnesses — Prosecution not bound to examine all witnesses and same is entitled to make selection of witnesses for which they have to give reasons why these witnesses not examined.

I (2010) DMC 699

Expression “in relation to guardianship of person” — Meaning — It would mean any suit or proceeding, which relates to guardianship of minor as a person and not merely guardianship of person of minor.

I (2010) DMC 699

Family Courts Act, 1984 — Sections 7, 7(1)(g), 8 — Jurisdiction of Family Court — Appointment of guardian — Suit or proceeding, for guardianship of person as well as property of minor cannot be made to District Court by resorting to provisions of Guardians and Wards Act but shall be amenable to jurisdiction of Family Court in area to which jurisdiction of Family Court extends.

I (2010) DMC 646

Hindu Marriage Act, 1955 — Sections 9, 13(1)(ia) — Restitution of Conjugal Rights, Cruelty — Irretrievable breakdown of marriage — Parties living separately for more than 9 years — Civil and criminal proceedings initiated against respondent — Matrimonial bond between parties is beyond repair — Decree of divorce passed by Family Court is upheld.

I (2010) DMC 766

Hindu Marriage Act, 1955 — Sections 10, 13(1), 13B, 24 — Judicial Separation — Grant of — Grounds mentioned in Section 13(1) of Act to be satisfied — Unlike Section 13B of Act, judicial separation is not permissible merely upon consent application.

I (2010) DMC 667

— Sections 12(1)(a), 12(1)(c), 13 — Voidable Marriage — Impotency — Consent obtained by fraud — Mental cruelty — Tumour in a breast cannot make wife impotent within meaning of Section 12(1)(a) of Hindu Marriage Act.

I (2010) DMC 683

— Sections 13(1)(ia), 9 — Cruelty — Prima facie case — Dismissal of application under Section 9 of Act by Additional District Judge — Justified — Matrimonial relation between parties was full of turbulence — Humiliation suffered by them was too much.

I (2010) DMC 728

— Section 19 — Civil Procedure Code, 1908 — Order 14 Rule 2 — Divorce Petition — Court to which petition shall be presented — To constitute the fact of ‘last resided together’, relevant evidence is necessary and dispute can be resolved by recording and appreciating evidence adduced by parties — In view of provisions under Order 14 Rule 2 evidence must be accepted on all issues.

I (2010) DMC 731

— Section 24 — Maintenance — Award of — Relevant date i.e. date of filing of petition or date of application — Discretion of Court — Such discretion to be exercised according to judicial conscious and fair play and to meet ends of justice or not in arbitrary or whimsical manner.

I (2010) DMC 734

Indian Penal Code, 1860 — Section 306 — Abetment of Suicide — Death after one year of marriage — In view of unnatural death within 7 years of marriage, instant case requires reconsideration by Court below.

I (2010) DMC 767

— Sections 306, 498A — Evidence Act, 1872 — Section 32 — Abetment of Suicide, Cruelty — Dying declaration — Death of deceased by 100% burn injuries in her matrimonial home, by setting herself on fire within 5 years of marriage — Circumstantial evidence — Not sufficient — Insufficient evidence to prove cruelty and demand of dowry — Conviction unsustainable.

I (2010) DMC 758

— Sections 406, 498A — Dowry Prohibition Act, 1961 — Sections 3, 4 — Criminal Breach of Trust, Cruelty, Dowry Demand — No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture and cruelty as also assault has been made — Entire criminal proceedings including order taking cognizance against petitioner quashed.

I (2010) DMC 707

Mohammedan Law — Polygamous Marriage — Conditions precedent — Ability of husband to deal justly with all his wives.

II (2009) DMC 771

Appeal Against Acquittal — If two views are possible, one favouring the accused and other in favour of prosecution, view favouring accused must be taken into consideration.

II (2009) DMC 346

Bail — Cancellation of —Conduct of accused at the post bail stage to be taken into consideration.

II (2009) DMC 328

Benami Transactions — Prohibition would apply if property is purchased in name of mother.

II (2009) DMC 184 (SC)

Bigamy — Marriage declared as void by Court of competent jurisdiction — Section 494, IPC not applicable.

II (2009) DMC 530

Civil Procedure Code — Section 24 — Transfer of Matrimonial Case — Convenience of wife always to be taken into consideration.

II (2009) DMC 292 (SC)

Criminal Breach of Trust — Any gift made to bridegroom or his parents — Whether in accordance with any custom or otherwise — Does not constitute offence under Section 406.

II (2009) DMC 833

Criminal Procedure Code, 1973 — Section 125 — Expression “unable to maintain herself” does not mean that wife must be absolutely destitute.

II (2009) DMC 859

Section 125 — Interim Maintenance — Whether income of husband has been rightly assessed does not have any merit at stage of grant of interim maintenance.

II (2009) DMC 833

Section 125 — Relinquishment of right to claim maintenance from husband in agreement between spouses which formed basis for divorce by mutual consent is opposed to public policy - Cannot be used by husband for avoiding payment of maintenance to divorced wife.

II (2009) DMC 75

— Section 125 — Restitution of conjugal rights — Ex parte decree obtained by husband — No intimation of decree given to wife by husband — It has no effect on rights of wife to get maintenance.

II (2009) DMC 96

— Section 125 — Sentence imposed under Section 125(3) is not a sentence strictosenso and is only a mode of enforcement of order employed by Court to recover amount of maintenance.

II (2009) DMC 660

— Section 125 — Order of sentencing husband for non-payment of maintenance without Court being approached by wife/O.P. for similar relief is not in accordance with law and accordingly set aside.

II (2009) DMC 782

— Sections 125, 125(4) — Maintenance — Grant of — Fact that at time of granting divorce wife had agreed not to claim maintenance and husband had made lump sum payment to wife, she is not debarred from claiming maintenance under Section 125, Criminal Procedure Code.

II (2009) DMC 96

— Section 125(3) — Fact that husband has no movable or immovable property is no reason to exempt him from consequence of non-payment and suffering of sentence of imprisonment.

II (2009) DMC 677 (SC)

Criminal Trial — Accused cannot be convicted on the ground that in all probabilities the accused may have committed the crime.

II (2009) DMC 533

— Moral conviction on part of Presiding Officer of Court is not important — Court while evaluating the case is supposed to test each fact objectively taking into consideration all probabilities.

II (2009) DMC 694

Cruelty — Cognizance of offence taken by Court which lacks jurisdiction, proceedings liable to be quashed.

II (2009) DMC 341 (SC)

— Irrelevant material considered while granting bail, appropriate to cancel bail.

II (2009) DMC 184 (SC)

Dowry — If legality of marriage itself is under legal scrutiny demand of dowry in respect of invalid marriage not legally recognizable.

II (2009) DMC 527

Dowry Death — Cruelty — Applicants relatives of husband of deceased living separately, entitled to bail.

II (2009) DMC 85

— Mere presence of accused at time of occurrence insufficient to hold him guilty in absence of evidence.

II (2009) DMC 750

Dowry Demand — Demand made on account of some financial stringency cannot be termed as dowry demand.

II (2009) DMC 848

Dowry Prohibition Act, 1961 — Section 7(3) — Father of complainant is an aggrieved person from whom dowry was being demanded — Such aggrieved person is protected under Section 7(3) of Dowry Prohibition Act from prosecution.

II (2009) DMC 527

— Section 3 — Conviction — Imposition of fine is mandatory.

II (2009) DMC 10

Evidence — Certified copies of documents in another judicial proceeding between parties — Ought to have been admitted in evidence.

II (2009) DMC 581

— Dying Declaration — Recording of — No law mandates that dying declaration should be recorded only by Magistrate.

II (2009) DMC 581

— Dying Declaration — Ought not to be discarded on ground that it does not bear signature or thumb impression of deceased in burn cases.

II (2009) DMC 48 (SC)

FIR — Lodged after recording statements of witnesses, another FIR would not be admissible in evidence — Ordinarily an investigation cannot be started without recording FIR.

II (2009) DMC 677 (SC)

— Should at least mention broad story of prosecution and not mentioning of material and vital facts may affect credibility of FIR.

II (2009) DMC 804

Family Courts — Not Civil Courts and strict rule of evidence and strict procedure of Civil Courts not applicable to them.

II (2009) DMC 667

Family Courts Act, 1984 — Section 7(1)(b) — Jurisdiction of Family Court — Suit for declaration as to status of first petitioner as legally wedded wife and second petitioner as child — It will squarely fall under Section 7(1)(b) of Family Courts Act.

II (2009) DMC 789

Hindu Adoptions and Maintenance Act, 1956 — Sections 18, 19 — Interim Maintenance — Application maintainable even when plea of claimant for being allowed to sue in forma pauperis is pending consideration of Court.

II (2009) DMC 699

Hindu Marriage Act, 1955 — Section 13 — Impotency is not a ground available under Section 13.

II (2009) DMC 566

— Section 13(1A) — Divorce Decree — Imperative for party to prove that he or she is not guilty of committing a ‘wrong’ or ‘misconduct‘ in resumption of cohabitation pursuant to decree of restitution of conjugal rights

II (2009) DMC 492

— Section 21A — Transfer Petition — Section 21A will not apply to situation where husband has filed petition for restitution of conjugal rights in Family Court and thereafter wife has filed petition for divorce in another Family Court.

II (2009) DMC 177

— Section 24 — Maintenance directed to be paid is meant to ensure that spouse enjoys same monetary status and facilities as he or she was enjoying prior to separation.

II (2009) DMC 120

Indian Penal Code 1860 — Section 304B — In cases, there is no provision for imposing sentence of fine but dowry death of a young woman certainly requires to be compensated.

II (2009) DMC 85

— Section 304B — Merely because accused appellant was present at the place of occurrence, valid presumption cannot be made holding him responsible for accident, meaning thereby that he committed offence under Section 304B, IPC.

II (2009) DMC 810

— Section 494 — Complaint by mother of second wife not maintainable.

II (2009) DMC 299

— Section 494 — Woman who marries man whose wife is living cannot be prosecuted under Section 494, IPC.

II (2009) DMC 184 (SC)

— Section 498A — Expression ‘husband’ would cover a person who enters into marital relationship.

II (2009) DMC 412 (SC)

— Sections 498A — To constitute cruelty under Section 498A there has to be harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or a case is to be made out to the effect that there is a failure by her or any person related to her to meet such demand.

II (2009) DMC 392

Interim Maintenance — An application for interim maintenance may be decided on basis of affidavit that may be filed by petitioner — Recording of evidence is not one of the pre-condition in connection with application for interim maintenance.

II (2009) DMC 26

— Grant of — Magistrate expected to form prima facie opinion whether wife was staying away from husband without any sufficient cause.

II (2009) DMC 601

Irretrievable Breakdown of Marriage — Parties living separately for more than 16-17 years without fulfilling their matrimonial obligations by itself would not be ground for divorce under Sections 13(1)(ia ), 13(1)(ib) of Hindu Marriage Act.

II (2009) DMC 644 (SC)

Legitimacy of Child — Presumption is presumption of law.

II (2009) DMC 235

Legitimacy of Child — Birth certificate is relevant piece of evidence, to prove that a particular person is son or daughter of couple, specified therein.

II (2009) DMC 197

Maintenance — Magistrate can award sentence upto maximum of one month for each month of default committed by person ordered to pay maintenance.

II (2009) DMC 44

— Plea that wife is divorced or that person against whom claim is made has another wife are no grounds under which claim of wife under Section 125, Cr.P.C. can be successfully resisted.

II (2009) DMC 96

— Recovery of — No property available for attachment — Not necessary to issue warrants.

II (2009) DMC 292 (SC)

Matrimonial dispute — As such does not constitute an extraditable offence — No effect could be given thereto.

II (2009) DMC 64

“Matrimonial Home” — Wife cannot have right of living in particular property and same cannot become clog on property denying right of appellant husband to deal with property when he is willing to provide alternative matrimonial home.

II (2009) DMC 449 (SC)

Mutual Consent — Divorce can be granted by Supreme Court in exercise of jurisdiction under Article 142 of Constitution of India even after withdrawal of consent by one of the petitioners before passing of decree, marriage between parties was irretrievable breakdown — Such powers cannot be exercised by High Courts and Civil Courts.

II (2009) DMC 48 (SC)

Plea of Alibi — Failure to prove plea of alibi and/or giving of false evidence itself may not be sufficient to arrive at a verdict of guilt.

II (2009) DMC 863

Protection of Women from Domestic Violence Act, 2005 — Sections 2(a), 12, 18, 19, 20 — Marriage declared as null and void at instance of wife, she cannot be an aggrieved person as provided under Section 2(a) of Act — Wife not entitled to claim benefit under Act.

II (2009) DMC 252

— Act can be applied retrospectively to take cognizance of act of violence alleged to have been committed even prior to coming into force of Act.

II (2009) DMC 665

Restitution of Conjugal Rights — Only husband or wife can maintain petition under Section 9, Hindu Marriage Act — Marriage between petitioner and husband null and void — Petition under Section 9 of Hindu Marriage Act not maintainable

II (2009) DMC 75

Criminal Procedure Code — Section 125 — Restitution of conjugal rights —
Ex parte decree obtained by husband — No intimation of decree given to wife by husband — It has no effect on rights of wife to get maintenance.

II (2009) DMC 96

— Section 125 — Sentence imposed under Section 125(3) is not a sentence
strictosenso and is only a mode of enforcement of order employed by Court to recover amount of maintenance.

II (2009) DMC 96

— Section 125(3) — Fact that husband has no movable or immovable property is no reason to exempt him from consequence of non-payment and suffering of sentence of imprisonment.

II (2009) DMC 85

Dowry Death — Mere preside of accused at time of occurrence insufficient to hold him guilty in absence of evidence.

II (2009) DMC 10

Evidence — Certified copies of documents in another judicial proceeding between parties — Ought to have been admitted in evidence.

II (2009) DMC 48 (SC)

FIR — Lodged after recording statements of witnesses, another FIR would not be admissible in evidence — Ordinarily an investigation cannot be started without recording FIR.

II (2009) DMC 120

Indian Penal Code — Section 304B — In cases, there is no provision for imposing sentence of fine but dowry death of a young woman certainly requires to be compensated.

II (2009) DMC 85

— Section 304B — Merely because accused appellant was present at the place of occurrence, valid presumption cannot be made holding him responsible for accident, meaning thereby that he committed offence under Section 304B, IPC.

II (2009) DMC 26

Interim maintenance — Grant of — Magistrate expected to form
prima facie opinion whether wife was staying away from husband without any sufficient cause.

II (2009) DMC 44

Maintenance — Plea that wife is divorced or that person against whom claim is made has another wife are no grounds under which claim of wife under Section 125 can be successfully resisted.

II (2009) DMC 96

— Recovery of — No property available for attachment — Not necessary to issue warrants.

II (2009) DMC 64

“Matrimonial Home” — Wife cannot have right of living in particular property and same cannot become clog on property denying right of appellant husband to deal with property when he is willing to provide alternative matrimonial home.

II (2009) DMC 48 (SC)

Plea of
Alibi — Failure to prove plea of
alibi and/or giving of false evidence itself may not be sufficient to arrive at a verdict of guilt.