Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition on the ground that petition has been filed prior to one year of parties living separately - Even if separation of parties is to be taken from 01.09.2020 the impugned order was passed on 13.12.2022 and by then statutory period had elapsed - Both the parties have affirmed their..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Recall of victim for further cross-examination - Kidnapping and rape - Accused is permitted to ask questions from victim with respect to earlier complaint/FIR - Closure of right of cross-examination of victim is against statutory right of accused to cross-examine witnesses - Trial Court shall recall the..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - DNA test report - DNA profile obtained from blood sample of accused matched completely with semen found on underwear of victim - More so, DNA profile obtained from handkerchief also matched completely with DNA profile of blood sample of accused which was recovered by..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of another criminal case and seriousness of the allegation cannot be a ground to not complete the investigation within the statutory time and violating the fundamental right of the accused nor it would be a ground to not give notice of the prayer for extension of time to the accused...........
Hindu Marriage Act, 1955, Section 12(i)(c), 14 -- Annulment of marriage - Waiver of statutory period of one year - Application for annulment of marriage filed prior to expiry of one year from the marriage - No serious argument raised for waiver of statutory period - Family Court rightly refused to waive statutory period - Dismissal of application u/s 14 of the Act will be..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since last more than one and a half year and have undertaken to withdraw all cases pending between them - Six months statutory period waived...........
Interpretation of statues -- When provisions of a statue are repugnant to or contrary to customary law or personal law in the absence of any specific exclusion of said customary or personal law from statutory provisions, statue will prevail and personal law or customary law shall stand abrogated to the extent of inconsistency...........
Hindu Marriage Act, 1955, Section 8, 5 -- Marriage certificate issued by Arya Samaj - Has no statutory force - In the absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 -- Maintenance to wife - It is bounden duty of husband to pay maintenance to his wife and child - Husband cannot plead penury to avoid his statutory duty to maintain his wife and child...........
