Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Will -- Suspicious circumstances - Execution of Will in favour of mother to the exclusion of wife - Scribe of Will stated that testator never talked to him about execution of Will - Attesting witnesses of Will related to mother - None of two witnesses were acquaintances of testator - Other suspicious circumstances were non-registration of Will and depriving the wife of..........
Custody of child -- Visitation rights to father - Mother of child got remarried and also presently at Saudi Arabia - Child is in India with maternal grandfather - As regarding custody of child, same require consideration on merits at the time of final hearing of appeal - Since minor child needs love, affection, company and protection of both parents, which is his basic..........
Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, Indian Penal Code, 1860, Section 376(2), 328, 450, 354B -- Sexual assault - Love affair between victim girl and accused - Victim was 14-15 years old at the time of incident - She repeatedly refused to have a sexual intercourse with accused - However, accused had mixed some intoxicated element in the..........
Custody of child -- Claimed by father - Father is a sailor and he comes on leave only for a few months during the year - Family Court while rejecting the prayer of father for guardianship and permanent custody, has rightly granted contact rights and overnight custody of child for a few days during vacation and as and when father comes on leave - Welfare of child is the..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to marry - Prosecutrix was in relationship with accused - Contradictions and deviations are in the testimony of prosecutrix - Complaint filed by prosecutrix on refusal of accused to marry her - Prosecutrix went to several places along with accused and accepted gifts from him despite her aversion towards him - She..........
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..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Prosecutrix is 30 years old major lady and also working in government department - She herself met accused and started whatspp chatting and video calls - Evidence on record shows causal conversation regarding love and marriage are visible - Marriage was not consummated between parties due to..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Grant of visitation rights to father - Challenge as to - Child has been in the exclusive custody of mother since he was two years old - From time to time, father has been given access and has been regularly availing the visitation rights despite which he has not been able to create any bond or develop any..........
