Protection to life and liberty -- Petitioners are major and got married with each other - Marriage of petitioners was not approved by their relatives - Life and personal liberty of individuals has to be protected except according to procedure established by law, as mandated by Art.21 of Constitution - Protection granted to petitioners - However, if petitioner's income is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making false allegations of illicit relationship against a spouse certainly amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Presentation of petition u/s 12(1)(c) of the Act within one year from discovery of fraud or force which had ceased to operate is sine qua non for valid presentation of petition...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Wife stated that she was deceitfully taken to a temple by offering `Prasad' spiked with some drug and her signatures were obtained on blank papers - However, no evidence on record as to why wife remained silent almost for a period of 6 years - Nothing prevented wife..........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - If a man and a woman live together for long years as husband and wife, there would be a presumption in favour of wedlock...........
Protection to life and liberty -- Muslim marriage - Boy is 21 years of age and girl is 16 years of age - Girl was competent to enter into a contract of marriage with a person of her choice as per Muslim Personal Law - Merely because petitioners have got married against wishes of their family members, they cannot possibly be deprived of fundamental rights as envisaged in..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Grant of interim maintenance of Rs.2500/- per month - Maintenance granted u/s 125 Cr.P.C. is to be taken into consideration while granting maintenance u/s 24 of Hindu Marriage Act - Thus after adjusting the amount of Rs.1500/- payable u/s 125 Cr.P.C. an amount of Rs.1,000/- p.m. is payable as interim..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
