Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties are not living together since 2019 - Marriage between parties has broken irretrievably - No possibility of parties resuming matrimonial ties, as all efforts and all attempts for reconciliation and resumption of matrimonial ties have failed - Parties have..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of FIR - Petitioner acted as a mediator for fixing of marriage by providing contact details of both parties to each other - Petitioner not related to any of the parties - Respondent No.1 in her supplementary statement, for the first time, stated that petitioner cheated them by exploiting her father..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Dictum laid down by Apex Court in Amardeep Singh case in the context of S.13-B of Hindu Marriage Act is applicable to a petition for divorce filed u/s 28 of Special Marriage Act and on satisfaction of conditions laid down in that decision, Family Court can waive..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
