Allahabad HC has deprecated filing of multiple non-compulsive litigation for maintenance by wife when she is unable to maintain herself

On the one hand, the petitioner claims that she is unable to maintain herself and she cannot afford to purchase even the basic necessities for survival and on the other hand, she is multiplying non-compulsive litigation against her husband. The petitioner had filed an application under Section 125 Cr.P.C. and a complaint under Section 12 of the Domestic Violence Act claiming maintenance. Although she had a legal right to institute numerous proceedings claiming maintenance under various statutory provisions but when she claims to be unable to maintain herself and afford even the basic necessities for survival, it does not appear to be proper to multiply non-compulsive litigation. Further, non filing of the suit for restitution of conjugal rights or divorce indicates that the petitioner is interested only in claiming maintenance from her husband before various fora and not in settling her disputes either way by restitution of her matrimonial status or by dissolution of her marriage. {Para 9}

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 4292 of 2026

Shashi Gupta Vs State Of U.P. 

Coram: HON'BLE SUBHASH VIDYARTHI, J.

Citation: 2026 AHC LKO 55690.

Dated: August 11, 2026

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Unlocking the Silent Witness: A Master Guide to Forensic Jurisprudence, Post-Mortem Science, and Medical Evidence in Criminal Trials

 1. Introduction: The Strategic Convergence of Science and Law

In the contemporary Indian legal landscape, the transition from colonial-era statutes—the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC)—to the modern framework of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) has codified a pivotal shift toward scientific rigor. Forensic jurisprudence is no longer an adjunct to investigation but a core mandate; under Section 176(3) of the BNSS, forensic examination is now mandatory for offences punishable by seven years or more.

Medical evidence serves as the "Silent Witness," providing a non-volatile, biological record of a crime that remains immune to the vagaries of human memory. Unlike eyewitnesses, the physical body offers objective data points that, when interpreted by a Senior Forensic Consultant, can dismantle a prosecution’s theory. This utility, however, depends entirely on understanding the biological clock initiated at somatic death. The inevitability of post-mortem change dictates the "Golden Hour" of investigation, where the window for the most precise chronometric scales begins to close. Depending on the context, a chronometric scale refers to a system used to measure exact intervals of time or calculate numerical values based on elapsed time.

2. Unit I: Death and Post-Mortem Changes (The Chronometric Scale)

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Supreme Court: Ordinarily an investigation cannot be started without recording the FIR

The police must have received some information. Why the other information was suppressed by the prosecution has not been explained. In a situation of this nature particularly if an FIR was lodged after recording the statements of the witnesses, another FIR would not be admissible in evidence and ordinarily an investigation cannot be started without recording the FIR.

{Para 25}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 774 of 2006

Decided On: 13.05.2009

Subramaniam Vs. State of Tamil Nadu and Ors.

Hon'ble Judges/Coram:

S.B. Sinha and Cyriac Joseph, JJ.

Author: S.B. Sinha, J.

Citation: 2009 INSC 805, MANU/SC/0795/2009.

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Supreme Court: How to ascertain time of death by passing of rigor mortis?

Moreover, the doctor who conducted autopsy on the dead body on 06.10.1979 at 4.30 p.m., in the report has mentioned that rigor mortis had passed through upper extremities and was present in lower extremities. It is mentioned at page 125 of Modi's Medical Jurisprudence and Toxicology, Edition 1977 that in general rigor mortis sets in 1 to 2 hours after death, is well developed from head to foot in about 12 hours, is maintained for about 12 hours and passes off in about 12 hours. In the instant case rigor mortis was present in lower extremities at the time autopsy was conducted on the dead body after 30 hours. As according to ocular testimony deceased was murdered on 05.10.1979 at about 10.00 a.m. and the doctor conducted autopsy on the dead body on the next day at about 4.30 p.m. after 30 hours of death but rigor mortis was found present in lower extremities. Had he died on 04.10.1979 at about 10.00 p.m. or so rigor mortis would have passed off from the dead body completely at the time of autopsy. Thus the ocular testimony that he was murdered on 05.10.1979 at about 10.00 a.m. stands corroborated from the medical evidence pin-pointing that rigor mortis was present in lower extremities at the time when the autopsy was conducted on the dead body after 30 hours.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 509 of 2006

Decided On: 17.10.2008

Virendra and Ors. Vs. State of U.P.

Hon'ble Judges/Coram:

Dr. Arijit Pasayat and Mukundakam Sharma, JJ.

Author: Mukundakam Sharma, J.

Citations: AIR 2008 SC (SUPP) 795, 2008 (16) SCC 582,2008 INSC 1176, MANU/SC/8205/2008

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