Protection of Women From Domestic Violence Act, 2005 -- Merely because various litigations like criminal prosecution, civil suit and other matter in relation to Hindu Marriage Act are pending between parties, there is no bar for continuation of any proceedings under the Act, as the Act is for protective orders and same is not regarding any offence...........
Constitution of India, 1950, Article 226 -- Habeas corpus - Custody of minor - Claimed by parents of minor - Detenue, a minor girl who eloped with respondent was presently staying with him, who claims to be her husband - Since detenue is minor, marriage not in consonance with S.5 of Hindu Marriage Act - Detenue cannot be permitted to take decision on her own - However,..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Quashing of proceedings - Settlement arrived at between parties - Marriage dissolved by mutual consent - Permanent alimony paid - Wife has no further claims against husband - Settlement deed executed with free will and volition - Continuation of criminal proceedings would tantamount to abuse of process of law..........
Hindu Marriage Act, 1955, Section 27 -- Applicability - S.27 of Act can be invoked by Family Court only if there is a decree sought for under any of provisions of Hindu Marriage Act - Pre dominant ingredient of said provision is that property must be belong jointly to both husband and wife...........
Hindu Marriage Act, 1955, Section 27 -- Disposal of property - Jewellery and money provided to wife by her parents or her relatives at or about the time of marriage or later for her personal use and entrusted to husband cannot be termed as a property jointly belonging to husband and wife - S.27 of the Act, thus, cannot be invoked in order to seek a decree for retuning the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife for divorce - Husband appearing in Court but not contesting the case - Petition averments supported by affidavit evidence of wife is sufficient to grant relief on the ground of cruelty, when there is nothing to presume that wife is taking advantage of her own wrong or condoned the act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife for divorce - Husband appeared in Court and further did not contest the case - This means, he did not dispute the petition allegations - Divorce granted...........
Evidence Act, 1872, Section 3, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife for divorce - Proceedings in matrimonial case being civil in nature, the parameters for appreciation of evidence are on preponderance of probabilities and not on scale of proof beyond all reasonable doubts...........
Indian Penal Code, 1860, Section 306, 34, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Deceased committed suicide after a period of more than 11 years of marriage - Presumption u/s 113-A of Evidence Act not available to prosecution - Prosecution has to prove its case by leading cogent evidence...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Marriage of deceased and accused was solemnized about 11 years prior to alleged occurrence - No injury was found on the person of deceased - Not only contradictions and discrepancies are there in the statement of PW1 but allegations mentioned in complaint were contrary to statement recorded before trial..........
