Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage by husband during subsistence of first marriage - Allegation against family members of husband - No allegation made against accused persons that they were aware of subsisting marriage between husband and first wife - There is no allegation made as regards the intention on the part of accused persons being..........
Family pension -- Plea of nullity of first marriage - No allegation of incompetence of either of the persons to contract marriage - Unless a declaration in that regard is granted by competent Court, no interference warranted with right of first wife to claim family pension etc...........
Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere expression of opposition by family members of accused to relationship and marriage, on account of caste to which deceased belongs, on one occasion without anything more, is not sufficient to attract the ingredients of S.306 IPC - Accused rightly discharged...........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife alleged that husband never took her back with her child to matrimonial home after her delivery - However, evidence on record shows that it is only because of involvement of wife in spirituality and her un-involvement in matrimonial life, she actually refused to come back to her..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minors property - Permission of Court to sell - Prior permission of Court for disposing of undivided interest of minor in the joint family property is not required...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Custody of child -- Claimed by father - Custody of child was handed over to sister of husband when child was 3-4 months old and now she is 14 years of age - Child is now quite intelligent who could understand his welfare - She categorically stated that she is happy with family where she has been brought up and wishes to live with them - Stability of child is also of..........
