In State of Goa Vs. Metzi Cardozo and Ors., the High Court of Bombay held that at the stage of framing charge, what is required to be seen is that, whether there is sufficient material on record in the form of evidence which is such if not rebutted would warrant conviction of accused. At stage of framing charge, evidence cannot be gone into meticulously which has been precisely done by the learned Special Judge in the impugned order. All what is required at the stage of framing charge is whether prima facie case is made out and it is not necessary to go into merits of the case. It is not necessary to give reasons while framing the charge. It is immaterial whether a case is based on direct or circumstantial evidence.
Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...
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