Showing : 51-60 of 648 Results

UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B-- Dowry death - Cruelty - Deceased committed suicide by hanging herself on a tree after 3 years of her marriage - However, general allegations levelled by witnesses regarding demand of dowry and cruelty, which is not supported by medical evidence - Allegation of demand of dowry and harassment of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B-- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Waiver of statutory period of six months - Parties are highly educated - No chances of reconciliation between them and they have mutually decided to end their marriage - Therefore, statutory period of six months waived...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Waiting period of six months - Period mentioned in S.13-B(2) is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Waiting period of six months - Mandatory or directory - In determining the question whether provision is mandatory or directory, language alone is not always decisive - Court has to have regard to the context, subject matter and object of the provision...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Waiver of six months waiting period - Court while conducting proceedings u/s 13-B(2) of the Act, can use the medium of video conferencing and also permit genuine representation of parties through close relations such as parents or siblings where parties are unable to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B(2)-- Divorce by mutual consent - Cooling off period - Object is to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled - Said object is not to perpetuate a purposeless marriage or to prolong the agony of parties when there are no chance of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Compromise by parties during pendency of appeal filed against dismissal of divorce petition filed by husband - Petition for divorce sought to be converted to petition for divorce by mutual consent - As appeal is pending for the last 15 months, statutory period of 6..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Settlement - Dispute between parties settled amicably - Prolonged litigation between parties and long separation spanning over period of around 12 years - Marriage between parties stands dissolved by decree of divorce by mutual consent - Parties shall abide by terms and..........

Showing : 51-60 of 648 Results