Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband filed divorce petition twice and a compromise arrived with wife and they lived together - Parents of wife have not made any allegation against husband and wanted that they should live together - Letters exchanged between parties and conversation between them reflects that there..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Run-away marriage - Quashing of proceedings - Accused and victim were in love with each other and they decided to get married - Both eloped from their respective homes, got married and consummated marriage - Offences..........
Run away marriage -- Protection - Where two individuals having attained the age of majority, are living together, nobody is entitled to interfere in their peaceful life...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Dismissal of petition - Marriage denied by wife - Husband relied upon photographs and depositions of PWs in order to establish that a valid and legal marriage performed between parties as per Sikh rites and ceremonies - However, Gurudwara not affiliated to shiromani Gurudwara..........
Run away marriage -- Validity of such type of marriage - Cannot be proved just on basis of photographs...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 13 -- Proceedings u/s 125 Cr.P.C, S.24 of Hindu Marriage Act and S.12 of PWDV Act can run simultaneously...........
Run away marriage -- Police protection - Marriage without knowledge of parents and in violation of S.5(iii) of Hindu Marriage Act - Girl is minor on the date of marriage and boy though major but not of marriageable age - Petitioners are living in constant danger, as they have every apprehension that respondents will kill them by tracing them - They are therefore, running..........
Indian Penal Code, 1860, Section 363, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Minor left voluntarily her house and solemnized marriage with petitioner - Thereafter, High Court gave protection to run away couple with direction that protection would not hamper any proceedings under Prohibition of Child Marriage Act, 2006 - Marriage has..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
