LAW FOR ALL

Sec. 482 of Cr.P.C. - to quash complaint filed under sec.498 A and 406 of I.P.C - Cruelty may be mental - absence of physical cruelty in pleadings does not mean there is no cruelty against the complaint - Mental cruelty was established prima faice - as far as sec. 406 - the allegations are enough to attracts the fiduciary status of accused and their custody of her sridhana - No grounds to quash - accused petition was dismissed by the Apex court - Curative petition by wife - not maintainable for execution of maintenance order simply because the husband is at foreign country as sec. 125 (3) and sec. 145 of cr.p.c provided vast remedies to execute the maintenance order - a family court can transfer the case to the nearest J.F.C.M to execute the maintenance order if necessary - Apex court dismissed the curative petition too = BHASKAR LAL SHARMA & ANR. ... APPELLANT (S) VERSUS MONICA AND ORS. ... RESPONDENT (S) = 2014 ( Feb.Part) judis.nic.in/supremecourt/filename=41229