Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Statutory period of one year prescribed u/s 14 of the Act waived as parties lived together only for about seven days after marriage and thereafter separated - Marriage remained unconsummated and there are no children from wedlock - Both the parties have..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Applicability of provision of O.11.R.21(1) CPC - Until and unless defendants were in a position to show that there was an order passed U.O.11.R.12 CPC and there was non-compliance thereof, provision of O.11.R.21(1) CPC could not have been invoked by defendants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects, personal expenses, Multiplier, Conventional heads and consortium, Interest and Quantum - Deceased aged 32 years - Future prospects at 40% as per Pranay Sethi case - Deduction for personal expenses at one-fourth - Multiplier of 16 applied - Loss of estate Rs.18,150, funeral expenses..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Matrimonial cruelty is a continuing offence, as suffering of victim does not end with a single isolated incident but continues so long as oppressive conduct persists - Harassment and cruelty within marriage cannot be viewed in isolation, but must be assessed in the context of continuous conduct...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Every separate living for reason of ordinary wear and tear of married life cannot be considered as ground constituting desertion or cruelty etc...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegations like failure to beget children, ill treatment or cruelty from the end of wife, when seen in the light of husband seeking wife to join matrimonial home creates any amount of clouds and doubt over such allegations and improbabilizes truth thereof - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence of bigamy can be committed only by a person who having a living spouse, contracts a second marriage during subsistence of first valid marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Provision does not contemplate prosecution of relatives or third parties who are not parties to alleged second marriage...........
