Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband neither specifically pleaded nor attempted to establish non-access between himself and wife during relevant period - In absence of such foundational pleading and material statutory presumption u/s 112 of the Act remains intact - Application rightly rejected...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Husband directly seek DNA examination without first discharging burden of rebutting presumption of legitimacy, which is not countenanced in law - Permitting such a course would render protection u/s 112 of the Act invalid...........
Indian Penal Code, 1860, Section 498A, 323, 377, 406, 506 -- Cruelty - Allegations against parents-in-law - Petitioners were not residing in a shared household with wife - Nothing in the FIR which disclosed any specific date, time or proximate incident demonstrating active participation of petitioners in alleged acts of cruelty or harassment - Belated implication of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Deliberate and intentional abandonment by husband both of his matrimonial obligations and of legal proceedings arising therefrom amounts to a forfeiture of his right to contest the matter - Such conduct clearly signifies implied consent to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Complainant was previously married and has a minor child from said marriage - No decree of divorce dissolving earlier marriage has been placed on record - In the absence of dissolution of subsisting marriage, alleged subsequent marriage with accused is void-ab-initio in the eyes of law - Essential ingredient of S.85..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of first marriage of wife - Wife admits her subsisting marriage with her earlier husband and there is no decree of divorce - Plea of wife that she acted on basis of mutual settlement and notarized deed cannot confer her legal status, particularly when she herself initiated divorce proceedings..........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
