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1 - 10 of 10 (0.33 seconds)Dipenbhai Harkishanbhai Atara vs The State Of Gujarat on 28 August, 2019
In case of Krishnaben w/o Dipenbhai Atara v. State
of Gujarat and 1 others, reported in 2019(3) GLR 2313,
relied upon by the learned advocate for the respondent no.2
would not be helpful to the respondent husband as the facts of
the present case and of the cited case was quite different. In
the cited case, husband had examined independent witnesses
for the statement that he had tried to bring back her wife.
There was clear finding of the lower court after appreciation
of the evidence on record that husband had no deserted the
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wife but she had willingly left her marital home, and
therefore, the petitioner was partly allowed. There was
sufficient reason with the wife to refuse to stay with the
husband. Benefit of Section 125(4) would not be available to
the husband, as he has made his offer to bring his wife at her
marital home. Refusal to stay with the husband by the
petitioner, she has sufficient grounds as she was ill-treated by
him as well as his family members disliked of born of female
child by the petitioner also would be a ill-treatment given to
her.
Section 3 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 4 in The Dowry Prohibition Act, 1961 [Entire Act]
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Pushpanjali Chhuria And Another vs Pranab Ku. Chhuria on 24 January, 2018
In case of Pushpanjali Chhuria and Anr. v. Pranab
Ku. Chhuria, reported in 2018 Cri. L.J. 2070, wife had
lodged a FIR against the husband relating to torture and and
charge sheet thereof was fild against the husband. It was held
that it is itself was a factor for wife to live separately and
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R/CR.RA/778/2019 CAV JUDGMENT
cannot held that wife had no sufficient reason to refuse to
reside with the husband.
The Protection of Women from Domestic Violence Act, 2005
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