Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Wife having no knowledge of passing of ex-parte decree of dissolution of marriage inspite of residing with husband under same roof - Keeping in view the rival claims and interest of parties in matrimonial case, ex-parte decree set aside...........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the contrary, husband examined..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Sexual intercourse on pretext of marriage - Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR - Accused acquitted...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marital status in dispute - Until and unless Court decides that marriage is void, there is presumption that marriage is valid for the purpose of deciding application for maintenance pendente lite - Husband is bound to maintain wife pending disposal of main original petition...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Quantum - When husband is able to take care of his own basic needs like food, clothing and shelter, expenses incurred by him for those basic needs should be treated as his income and accordingly quantum of maintenance has to be determined...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Quantum - Wife alleges that husband was earning Rs.20,000/- p.m, but did not produce any document in this regard - Husband not denying agricultural operations - Wife on other hand has no independent income of her own - Thus, husband is bound to maintain wife - Court below rightly awarded sum of Rs.4,000/-..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
Evidence Act, 1872, Section 112, 114 -- Marriage - Presumption - Long cohabitation of a man and a woman living as husband and wife accepted by society would lead to a presumption that there was a valid marriage as per custom unless it is rebutted by strong evidence as law is always in favour of marriage and not concubinage...........
Evidence Act, 1872, Section 112, 114 -- Marriage - Presumption - Customary form of marriage prevailing among community has to be proved and omission of certain things alone would not lead to a presumption that there was no valid marriage...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - If a party wants a declaration that there was no marriage and no marriage was conducted and thereby status of wife or husband should not be given to any of spouses, then it would be a relief outside the purview of matrimonial laws under the statues no such declaration be possible and the remedy is available..........
