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DELHI HIGH COURT

Year of decision: 2021
Details

Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 25, 11 -- Second application for transfer of proceedings under Hindu Marriage Act - Change of circumstances - Dismissal of petition for transfer does not operate as res judicata when a fresh petition is filed on change of circumstances - However, petitioner has to satisfy Court that there are change of circumstances and that there are..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........

KERALA HIGH COURT

Year of decision: 2021
Details

Hindu Succession Act, 1956, Section 15(2) -- Scope - S.15(2) is an exception to S.15(1) of the Act - `Any property', which includes movable and immovable property, inherited by a female Hindu from her parents, and she dying intestate and issueless, shall devolve on the legal heirs of her father - The provision does not take within its ken self-acquired property or property..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Protection to life and liberty -- Marriage during subsistence of first marriage - Petitioner No.1 not legally divorced - Marriage, thus is illegal and against provisions of Hindu Marriage Act - However, if either of petitioners, apprehend threat to their life or liberty are entitled to approach Police for redressal of their apprehensions regarding threats to their life..........

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband disputing validity of marriage - However, husband admitting marriage instituted a petition u/s 13 of Hindu Marriage Act - Plea of husband that he is not liable to pay any maintenance not acceptable...........

DELHI HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 13B(2), 14 -- Divorce by mutual consent - Waiver of period of one year of marriage and waiver of statutory period of six months waiting period - Parties living separate for more than one year now - Waiver of one year of separate living is no longer required to be granted in as much as said period has already passed - First motion is thus,..........

KARNATAKA HIGH COURT

Year of decision: 2021
Details

Hindu Succession Act, 1956, Section 14 -- Will - Life interest created in favour of wife by husband during his lifetime - Bequest in favour of wife extended beyond the actual share she would have got had a partition taken place in case husband had died intestate - It is nothing but interest that comes into existence in favour of wife for first time according to volition of..........

BOMBAY HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Wife suffering from schizophrenia as alleged by husband - However, husband failed to examine doctors to support his case - Medical documents produced on record do not indicate that wife was suffering from schizophrenia - Husband thus, miserably failed to prove that wife was suffering from..........

ALLAHABAD HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately since November, 2019 - Conciliation efforts made by family members failed twice - Parties directed to move a joint application before Family Court within a period of three weeks and if such application is filed, Family Court directed to pass appropriate orders most expeditiously..........

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