Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Indian Penal Code, 1860, Section 376(2)(N), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(w), 3(2)(5) -- Rape - Settlement - Quashing of charge sheet - Victim is illiterate woman and she allegedly put her thumb impressions on affidavits - However, there was no endorsement on affidavits that contents of affidavits..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Non-mentioning of fact in the report or statement to police that accused committed the offence on the ground that prosecutrix belonged to SC is not fatal to case of prosecution u/s 3(2)(v) of the Act, particularly when mother of prosecutrix is an..........
Illiterate woman -- Rules regarding transactions by a Pardanashin lady are equally applicable to an illiterate and ignorant woman though she may not be a pardanashin lady...........
Punjab Land Revenue Act, 1887, Section 28, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 16 -- Appointment of Lambardar - There is no force and merit in submissions, as drive for empowering women is in full swing - People would have more confidence in case office of lambardar is represented by woman - It has been case where illiterate persons are more intelligent..........
Will -- Execution - Proof - Both the attesting witnesses stated that Will was prepared by its scribe by taking down dictation of testator - Will, held, not validly executed as (i) testator was 70 years old illiterate woman and it is extremely doubtful that she was capable of collecting her thoughts cogently enough for her to dictate the contents of the Will to facilitate..........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
Criminal Procedure Code, 1973, Section 164A -- Medical examination - Rape victim - Victim was medically examined after about 12 hours even after her production with police requisition before doctor, which itself diminishes the possibility of presence of any positive sign of rape particularly when victim is rustic, schedule tribe illiterate old woman...........
