Monday, May 20, 2024

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Calcutta HC held that if compensation (Rental) for alternate accomodation is provided the wife can not enforce right of residence in any particular property.

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Kerala HC held that if magistrate does not hold territorial jurisdiction to try an offence, the same shall not be entertained by him, it should be returned to the complainant to be filed in appropriate jurisdiction.

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Jharkhand HC held that if wife gets maintenance under two sections, she is entitled to get only the higher amount.

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Delhi HC held that if woman is in pre-existing marriage, there can not be any intercourse based on promise to marry. Fraud for consent can not be proved in such circumstances. Accused Acquitted.

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Delhi HC held that if woman has stayed with husband for a long long time and then alleges maltreatment and dowry demand, the same has to be looked with circumspection. 498A quashed.

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Delhi HC held that if the settlement agreement is comprehensive then wife can not seek further maintenance from husband.

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P&H HC held that if the husband has no right or title in any house owned by his father or grandfather from his own earnings, wife cannot seek right of residence in the said property.

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Gauhati HC held that if wife levels serious allegations against husband and fails to prove it, the same can be called cruelty against husband. Divorce granted.

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Delhi HC held that petition is maintainable only at the place where minor is ordinarily residing.

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Calcutta HC held that documents which don not form part of Police report can not be looked into HC while quashing. The defence if any has to be taken in trial court.

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