Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance to divorced wife - Domestic relationship between husband and wife very much alive when wife made complaint of domestic violence - Order of maintenance and rent for alternative accommodation was passed in favour of wife will continue unless and until there is change in circumstances as mentioned..........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Husband being able-bodied person is duty bound to maintain his wife who is unable to maintain herself under personal law arising out of marital status and is not under contractual obligation...........
Adoption -- Punjab Customary law - Agriculture community - Age and marital status - As per general custom applicable in Punjab and applicable to this community, age and marital status is no bar with regard to adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
Family Courts Act, 1984, Section 7 -- Jurisdiction - Family Court has authority to declare as to validity of marriage so as to annul matrimonial status of any person and also power to entertain proceeding with respect to property of parties to marriage or either of them - Family Court has jurisdiction to pass an order or injunction in circumstances arising out of marital..........
Hindu Marriage Act, 1955, Section 11, 12 -- Void or voidable marriage - Plaintiff is required to plead that there was no marriage in the eyes of law, in a suit for declaration of marriage as void or voidable - It does not mean that declaration as to validity of marriage or marital status of parties cannot be sought under the Act even if parties are Hindu - Refusal to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marital status in dispute - Until and unless Court decides that marriage is void, there is presumption that marriage is valid for the purpose of deciding application for maintenance pendente lite - Husband is bound to maintain wife pending disposal of main original petition...........
Hindu Marriage Act, 1955, Section 5 -- Marital status - Long cohabitation between parties - School records of children of plaintiff/wife and voter list shows that deceased married plaintiff as his third wife - Moreover, plaintiff cohabiting with deceased from long time - They have been recognized as husband and wife by society - Thus, plaintiff acquired status of third..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Plea of wife that marital status of husband being a divorcee not disclosed to her - Admittedly both the parties were 41 years old at the time of solemnization of their marriage - In such situation, wife wrongly pleaded that marital status of husband being a divorcee not disclosed to..........
