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“The wife is a well-educated lady, but also she was previously working in some media houses, however, she has definite prospects to work and earn for her sustenance.”
The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.
“A rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation”
The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.
If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.
“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”
The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.
Justice PK Mishra orally remarked that “just because he is a police officer, does not mean he cannot be granted bail. We have to see it through the circumstances. Chargesheet is filed already. You don’t need him”.
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as “consideration of marriage”.
The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.
The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.
The allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.
“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”
“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”
“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”
“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”
“Considering the gravity of the offence committed by the husband, and the thought process that, as a husband, he was entitled to sexually, physically, and economically abuse his wife to the extent as mentioned in the complaint, goes against the very intent of the law of this country.”
“In the absence of any new evidence in further investigation to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) of the CrPC”.