Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence of bigamy can be committed only by a person who having a living spouse, contracts a second marriage during subsistence of first valid marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Provision does not contemplate prosecution of relatives or third parties who are not parties to alleged second marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Petitioner is admittedly elder sister of deceased and not spouse alleged to have contracted second marriage - Therefore, very invocation of S.494 IPC against petitioner is legally misconceived - Proceedings qua petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - Cruelty and desertion - Non-framing of specific issues - Pleadings to constitute grounds of cruelty and desertion were made in divorce petition and wife could understand the true nature of divorce petition that same has been filed on the grounds of cruelty and desertion and averments of divorce petition were..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has been acquitted from charges of offence u/ss 498-A, 406 IPC - Wife thus, falsely implicated and prosecuted husband in a criminal case - Cruelty has been meted out on husband - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Having considered the living standard and financial resources of parties and their liabilities lump sum amount of Rs.10,00,000 as full and final settlement against permanent alimony for wife and daughter would be just and fair arrangement - Said amount shall include amount of pendente lite maintenance, during..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
