Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
Muslim Law -- Interim maintenance - Plea of divorce - Muslim husband in order to avoid his liability to maintain his wife on the ground that he has divorced his wife, has to show that divorce has been validly pronounced and that divorce has been communicated to wife...........
Muslim Law -- Interim maintenance - Plea of divorce - Nothing on record to even prima facie show that Talaq Nama has been conveyed to wife - Burden lies upon husband to show that his act of divorcing wife was valid as per Islamic Law, unless he discharges such burden it cannot be stated that marriage between parties stands dissolved - Husband can do so only after trial of..........
Muslim Law -- Dissolution of marriage is possible without intervention of Court through Mubarat...........
Protection to life and liberty -- Muslim marriage - Boy is 21 years of age and girl is 16 years of age - Girl was competent to enter into a contract of marriage with a person of her choice as per Muslim Personal Law - Merely because petitioners have got married against wishes of their family members, they cannot possibly be deprived of fundamental rights as envisaged in..........
Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Parties have arrived at amicable settlement voluntarily - Family Court declared the status of marriage no more in existence by mutual consent by rightly applying Muslim Personal Law - Proceedings against husband quashed...........
Muslim Law -- Extra judicial divorce - Unilateral extra judicial divorce under Muslim Personal law is complete when either of spouse pronounce/declare talaq, talaq-e-tafweez or khula, as the case may be, in accordance with Muslim Personal Law...........
Muslim Law -- Extra judicial divorce - Extra judicial divorce by mubaarat mode is complete as and when both spouses enter into mutual agreement - Seal of Court is not necessary to the validity of any of these modes of extra judicial divorce...........
