Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Non-consummation of marriage - Court need not to enter into blame game - Fact that impotency of husband could not be a probable cause for non consummation of marriage as prior to that husband was married and also had a daughter...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-consummation of marriage by wife - However, evidence on record shows that wife was ready and willing to live with husband - Even mother of wife deposed that her daughter was ready and willing to live with husband - Wife performed all marital obligations - It was husband who forced wife to..........
Mohammedan law -- Restitution of conjugal rights - Parties have not stayed together and there is no consummation of marriage - Even if Nikahnama is signed by respondent and photographs showing some kind of a wedding between parties is not proof of Nikah when no witness has been called upon to prove Nikah which is one of the essential attribute of Muslim marriage - Thus if..........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Impotency - Means incapacity to consummate the marriage and not merely incapacity for procreation - This test is consummation and capacity to consummate...........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Impotency - Wife came to know about the impotency of her husband on the very first night yet it was not disclosed to her parents due to shyness - After about 9 years, husband could not point out even a single instance of consummation of marriage - No lady would come forward with such an allegation - No doubt, there is no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband pleaded that wife insisting on putting up a separate residence and did not extend co-operation for conducting nuptials - However, consummation of marriage is not in dispute - There is nothing on record, which discloses that wife had ever exhibited any disrespect towards parents of husband - Specific..........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Annulment of marriage - Impotency of husband - No consummation of marriage due to impotency of husband - However, husband stated that he was suffering from jaundice and was medically advised not to cohabit for few days - No document on record about alleged ailment of husband - Wife stayed in matrimonial home for about seven..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Nothing elucidated from oral evidence of wife to discard her testimony about impotency of husband - Husband did not take any steps to get him medically examined by competent medical officer to prove that he was not impotent - Marriage not consummated..........
Criminal Procedure Code, 1973, Section 472 -- Continuing offence - In the case of a continuing offence, the ingredients of the offence continue, i.e., endure even after the period of consummation, whereas in an instantaneous offence, the offence takes place once and for all i.e. when the same actually takes place - In such cases, there is no continuing offence, even though..........
Indian Penal Code, 1860, Section 363, 376, Prohibition of Child Marriage Act, 2006, Section 3 -- Quashing of FIR u/s 363 or S.376 IPC on the basis of statement of minor that she has contracted the marriage of her own - Consummation with the wife below the age of 15 years, is an offence - No exception can be made to the said constitutional mandate - If the girl is more than..........
