Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Refusing to do household work and misbehaving with two daughters of husband who born from first marriage of husband, itself does not amount to cruelty on part of wife, particularly when conduct of wife right from date of her marriage up to date of her ouster is of pious and benevolent..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
Marriage -- Against wish of parents - Threat to life - Protection - Boy not of marriageable age - In the present petition issue is not validity of marriage but fundamental right of seeking protection of life and liberty - It is the bounden duty of State to protect the life and liberty of every citizen - Mere fact that boy is not of marriageable age will not deprive him of..........
Special Marriage Act, 1954, Section 25(i), 27(1)(d) -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Husband seeking virginity test of wife - Trial Court rejected the application by relying on a passage of a renowned author that "Virginity test is not a reliable indicator of a female having actually engaged in sexual intercourse because..........
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..........
Constitution of India, 1950, Article 21, Hindu Marriage Act, 1955, Section 5(iii) -- Marriage in violation of S.5(iii) of HMA - Seeking protection of their life - Issue is deprivation of fundamental right for protection of life and liberty - Right under Constitutional Scheme must be protected, regardless of the solemnization of an invalid or void marriage - Mere fact that..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning within 7 years of marriage - However, prosecution failed to prove that deceased was subjected to cruelty or harassment soon before her death in connection with any demand of dowry - Even father of deceased did not have direct knowledge of demand of dowry - Accused rightly acquitted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent is a sine qua non for passing decree for divorce u/s 13-B of the Act...........
