Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
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..........
Hindu Marriage Act, 1955, Section 2(2) -- Applicability of Act - Act by virtue of express exclusion u/s 2(2) of the Act does not apply to petitioner who belongs to a Scheduled Tribe in the absence of a Central Government notification extending its applicability...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of consent cannot be presumed in every case where prosecutrix alleges that she indulged in sexual intercourse with offender believing offer of marriage made by him...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earning wife - No evidence on record to show that wife is actually employed as a tailor and earns income out of it for her livelihood - Mere fact that in marriage certificate, occupation of wife is shown as tailor and she has taken membership in tailors..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife though by birth is a Muslim but by conduct has clearly demonstrated that she has converted to Hindu faith - Mere absence of any ceremony cannot be a ground to dismiss application for divorce by mutual consent...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Concealment of factum of previous marriage of husband - Marriage not declared nullity - In the absence of same denial of relief of maintenance on the incorrect assumption of applicability of S.12(1)(c) of Hindu Marriage Act, 1955, is illegal and perverse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Hindu Marriage Act, 1955, Section 8(5) -- Registration of Marriage - Registration certificate is only an evidence to prove marriage and absence of registration of marriage will not invalidate marriage in view of S.8(5) of the Act...........
