Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Parties have lived together as husband and wife only for 6 days - Both the parties are adamant that there is no chance of reunion between them - It is thus, appropriate that statutory period of six months for recording of second motion statement is waived, as the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties have amicably resolved their disputes and their affidavits to this effect are already on record - Last payment of Rs.10 lakhs has been made and accepted by wife - Marriage dissolved on the conditions agreed between parties...........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Compromise - Quashing of FIR - Wife failed to appear and record statement qua genuineness of compromise after taking divorce and receiving permanent alimony on the basis of said compromise - Quashing of FIR can be directed in such case, even in absence of consent of..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial - When an offence is made out against the accused irrespective of fact that whether the prosecutrix was a consenting party or not, then certainly,..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Family Courts Act, 1984, Section 7 -- Muslims - Divorce by mutual consent - Family Court is empowered to consider application for divorce by mutual consent when parties are Muslim...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties have been waiting for a divorce for 10 months and only 2 months time is left to complete the waiting period - Both the parties are unequivocally in agreement about their decision to divorce and there seems to be no..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
