Special Marriage Act, 1954, Section 5, 6, 7 -- Marriage - Publication of notice and inviting objections - Directions issued viz: (i) Court mandates that while giving notice u/s 5 of the Act, it shall be optional for parties to the intended marriage to make a request in writing to Marriage Officer to publish or not to publish a notice u/s 6 of the Act and follow procedure..........
Indian Penal Code, 1860, Section 498A, 494, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Offence u/ss 498-A, 494, 323, 504, 506 IPC, Ss.3, 4 of Dowry Prohibition Act and Ss.3, 4 of Muslim Women Act - Settlement - Quashing of complaint - Parties have undertaken not to indulge in any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Husband contended that wife remarried - However, husband failed to produce any documentary evidence in this regard - Wife on the other hand failed to enter into box to state truth about allegation that she married another person and was staying with him - Failure of wife to tender evidence to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Deceased died unnatural death within 3-1/2 years of her marriage - Motive of offence is non-fufilment of demand of dowry - Accused is in jail since 2006 and has served out about 14 years and 4 months of sentence (without remission) - There is no special and rare feature attracting..........
Hindu Marriage Act, 1955, Section 13B, 13 -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties have amicably settled the dispute - Petition filed by husband u/s 13 of the Act thus, converted to S.13-B of the Act - Marriage between parties dissolved by decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Parties after getting married in 2015 residing separately since 2016 and despite efforts no reunion could take place - No issue was born out of wedlock - There is no possibility of parties resuming cohabitation and there are chances of alternative resettlement -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Parties lived together only for 10 days in matrimonial home and 4 days in wife's home - Instances of cruelty by wife during stay of said 10 days at matrimonial home has not been established by husband - Husband even failed to substantiate to whom wife has caused cruelty - Ground of cruelty not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself deserted wife by taking her from matrimonial home to her parental home - Divorce petition filed by husband only after filing of a petition for restitution of conjugal rights by wife - Husband thus, not entitled to decree of divorce on the ground of desertion...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage not a ground for refusal of maintenance if other requirements of S.125 Cr.P.C. are fulfilled...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wrong mentioning of date of marriage in application - Such type of error cannot be given much importance in proceedings u/s 125 Cr.P.C, as such error may crept in due to lapse of time or by mistake...........
