Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 376 -- Rape - Subsequent conduct of prosecutrix maintaining relationship with accused for 4 years after death of her husband, reveals that sexual relationship between them cannot be classified as rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Live-in-relationship -- If petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in-relationship with a third person without seeking divorce from earlier spouse - He/she first has to obtain decree of divorce from Court of competent jurisdiction before solemnizing marriage entering into live-in in a relationship..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Live-in-relationship or relationship in the nature of marriage -- Following relationship have not been recognized or approved as live-in relationship or relationship in the nature of marriage - However, list is not exhaustive but merely illustrative : (i) Concubine cannot maintain relationship in the nature of marriage; (ii) Polygamy, that is a relationship or practice of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife herself had left matrimonial house and she was expecting husband to visit her place and persuade her to restore matrimonial relationship - Her inordinate insistence gives an impression that her inflated ego was restraining her to restore marital ties - This egoistic approach cannot be accommodated..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 69, 352 -- Bail - Rape - False promise of marriage - Physical relationship between applicant and victim was without protest and there was no insistence by victim for marriage as she was in relationship with applicant for last four years as has been averred in her statement..........
