Monday, May 20, 2024

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P&H HC held that if there is no substantiated allegations or evidence of cruelty soon before marriage, mere dying declaration can't be assumed sufficient for conviction of accused.

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Supreme Court held that even if husband has contracted second marriage and done Bigamy shall not have any bearing on anticipatory bail in #498A, The same has to be granted on the basis of contents of the allegations of Dowry demand

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Madras HC held that a man staying abroad and earning in foreign currency has to pay maintenance as per Purchase Power Parity as the expenses are in foreign currency only. He is not expected to live in pitiable conditions

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HP HC acquitted the accused, when it was found that the prosecutix was involved with the accused and medical evidence suggested she is habitual of intercourse. Besides, delay in lodging the FIR was not explained.

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Bombay HC held that if prima-facie marriage appears to be void, maintenance can't be granted to the woman w/o leading sufficient evidence

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Delhi HC acquitted the accused as there were material inconsistancies in the witness statements and delay in lodging of FIR was not explained.

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Delhi HC held that if woman fails to lead any evidence of her defence for deserting the husband and also levels baseless allegations of husband being womanizer and corrupt, divorce should be granted to husband on cruelty & desertion

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HP HC held that it is impossible to believe that the prosecutix remained affectionate and let the accused repeatedly rape her despite refusal to marry. It is more probable that prosecutix was in immoral relation. Accused Acquitted

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P&H HC held that insulting husband in front of his friends amount to cruelty.

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Bombay HC held that magistrate can allow evidence through affidavit and cross-examination to test veracity of the allegations

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