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Ajay Kumar Vyas vs State on 12 January, 2012 cites

Pratibha Rani vs Suraj Kumar & Anr on 12 March, 1985

ix)Pratibha Rani Vs Suraj Kumar and another - AIR 1985 SC 628, in this case it has been observed that:­ "I have extracted above several passages from the Judgment of the learned judges of the Full Bench in Vinod Kumar's case (supra) since I share their view and concern for peace and harmony in matrimonial homes and feel that the learned Single Judge who has quashed the wife's complaint in the present case was justified in relying heavily upon that judgment of the Full Bench. In these circumstances, 1 think that in the absence of a separate agreement and specific entrustment by the wife to the husband and of his relations and vice versa of the property of the husband to the wife and or her relation, it would not be possible to draw an inference of entrustment of custody or dominion over the property of one spouse to the other and his or her relations so as to attract the stringent provisions of s.406 I.P.C. The offense of criminal breach of trust is cognizable and non­bailable and punishable with imprisonment for a term of three years or with fine or with both. In the absence of such a separate agreement for specific entrustment of the property of either spouse the appropriate remedy would appear to be by way of a civil suit where there is scope for the parties to the marriage coming together at the instance of relations, elders and well­ wishers and patching up their differences. Entertaining complaints of the irate wife or husband against the husband or wife without even an allegation of a Page 21 of 28 specific and separate agreement constituting entrustment of the property of the wife or the husband would have disastrous effects and consequences on the peace and harmony which ought to prevail in matrimonial homes.
Supreme Court of India Cites 35 - Cited by 372 - S M Ali - Full Document
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