Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband was not making an allegation of mental disorder for the purpose of separation - He tried to obtain treatment of his wife and on separation filed for reunion with his wife - Absence of evidence regarding alleged schizophrenia in wife does not imply any malicious intent on..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition by husband and petition for restitution of conjugal rights by wife - Wife left the matrimonial home and thereafter gave birth to a daughter - Husband produced letters written by his parents to parents of wife in which wife was asked to join matrimonial home - However, no efforts were made by wife to join..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9 -- Maintenance to wife - Decree of restitution of conjugal rights in favour of husband - No bar u/s 125 Cr.P.C. to grant maintenance to wife, even against whom, decree for restitution of conjugal rights is passed...........
Hindu Marriage Act, 1955, Section 9 -- Visitation rights or temporary custody of child - Order passed in a petition u/s 9 of the Act - Order is patently illegal - A separate and independent petition has to be filed u/s 26 of the Act...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Existence of a valid marriage is precondition for grant of relief of restitution of conjugal rights...........
