Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Cannot be denied to wife on the ground that she is educated and could support herself - Likewise, financial position of wife's parents is also immaterial...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Provision does not use the word "maintenance" - But word "support" can be interpreted to mean providing maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order for maintenance pendente lite or for costs of proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of proceeding...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - It is always dependent upon factual situation - Court should, therefore, mould the claim for maintenance determining quantum based on various factors brought before Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died within 3 years of her marriage in her matrimonial home due to administration of poison - Post-mortem and burial of deceased conducted in the presence of family members of deceased and they did not raise any doubt about death of deceased at that time - However, after 20 days of incident..........
Evidence Act, 1872, Section 113B -- Suicide - Presumption - Merely because a married woman commits suicide within seven years of her marriage, presumption u/s 113-A of the Act, would not automatically apply - Such presumption being discretionary in nature is attracted having regard to all other facts and circumstances of the case...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Notaries Public Act, 1952, Section 8, Notaries Public Act, 1952, Rule 11(8) -- Marriage - Notary certificate of marriage - Not a valid proof of marriage...........
