Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave no explanation that if husband wrongly deserted her than, why she took 11-1/2 years to file suit for restitution of conjugal rights and that too only after suit for divorce filed by husband - Family Court rightly concluded that suit for restitution of conjugal rights was..........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Deceased died within 7 years of her marriage by hanging - Evidence of family members of deceased does not prove that any demand of dowry was made by husband/accused soon before death of deceased - Even at the time of marriage of deceased, dowry articles were given at the wish of parents of deceased - Admitted fact..........
Hindu Marriage Act, 1955, Section 5, Evidence Act, 1872, Section 114 -- Presumption of marriage - May arise even on proof of prolonged cohabitation...........
Hindu Marriage Act, 1955, Section 11, 12, 5(3) -- Void marriage - Minor wife - Breach of condition u/s 5(3) of the Act requiring bridegroom to be 21 years of age and bride to be 18 years of age at the time of marriage - Does not render the marriage void or voidable u/ss 11, 12 of the Act - Rejection of divorce petition on the ground that marriage involving a child being..........
Indian Penal Code, 1860, Section 376 -- Rape of blind girl aged 18 years - Identification of accused - Accused committed rape upon prosecutrix a blind girl on the pretext of marriage - Prosecutrix narrated the entire incident and manner in which she was subjected to sexual abuse - When prosecutrix became pregnant accused stopped visiting her house - Prosecutrix though..........
Indian Penal Code, 1860, Section 306, 304B -- Abetment of suicide - Dowry death - Deceased committed suicide by pouring kerosene oil on herself and set herself on fire within 4 years of her marriage - She was repeatedly assaulted by accused/husband - Complaint made by deceased to women cell shows that deceased made every attempt to salvage her marriage and herself -..........
Hindu Marriage Act, 1955, Section 11 -- Null & void marriage - Second marriage after panchayati divorce granted in first marriage is null and void - Panchayati divorce does not override provisions of the Act - Marriage can only be dissolved under provisions of the Act...........
Indian Penal Code, 1860, Section 304B -- Basic essentials of the provision of S.304-B are : (i) The death of a woman was caused by any burns or bodily injury or otherwise than under normal circumstances; (ii) Such death have occurred within seven years of her marriage; and (iii) Soon before her death she was subjected to cruelty or harassment by her husband or any relative..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning within two years of marriage - 92% burn injuries - It was husband and i, laws who had brought her to hospital - No evidence in connection with demand of dowry - Prosecution was obliged to show that soon before occurrence there was cruelty and harassment which they have failed - Accused acquitted...........
Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387 -- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
