Hindu Marriage Act, 1955, Section 13, 13B -- Divorce - Conversion of petition u/s 13 to S.13-B of the Act - Parties have mutually agreed to give divorce to each other - Wife did not want any permanent alimony from husband - Both of them are young and they have decided to part their ways of life - Divorce petition filed by wife thus, converted to petition for divorce by..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13B -- Divorce petition filed u/s 13(1)(ia) can be allowed to be converted into divorce petition by mutual consent u/s 13-B of the Act even at appellate stage...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Provision of S.13-B(2) of the Act providing for cooling off period is directory and in facts and circumstances of a case, statutory period can be waived of...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - When marriage has broken down and parties are living separately for last more than 27 years, cooling period of six months deserves to be waived - Divorce by mutual consent allowed by waiving six months cooling period...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 7Proviso -- Adoption - Without consent of wife - No independent evidence to show that adoption was with consent of wife - Mere presence of wife in the rituals of adoption cannot be considered as her consent, as such presence would be as spectator in the assembly of people - Adoption not valid...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the person of prosecutrix - By itself no ground to infer consent on the part of prosecutrix...........
