Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Domestic violence - Shared household - Right to reside - Wife admittedly, legally wedded wife of respondent/husband - No decree of separation or divorce has been granted in favour of husband - Marriage between wife and husband still subsists - During subsistence of marriage wife has a right to reside..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Domestic violence - Shared household - Trial Court committed grave error while restraining not only legally wedded wife from entering matrimonial home but also deprives two minor daughters of their right to reside in their father's house for no fault of their own - During the subsistence of marriage..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 12(1)(a) -- Maintenance - When marriage is annulled or declared null and void due to some mischief or wrong committed by husband, he will have to pay maintenance u/s 125 of Cr.P.C. despite declaration of nullity or annulment of marriage...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence u/s 494 IPC would be attracted only if second marriage becomes void by reason that it had taken place during subsistence of first marriage and in the lifetime of one of spouse...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Prosecution alleges that second marriage has been solemnized by applicant during subsistence of first marriage - No evidence on record that applicant ever performed a second marriage in accordance with customary rites so as to attract S.17 of Hindu Marriage Act, offence of which punishable u/s 494 IPC - Prosecution failed to..........
Indian Penal Code, 1860, Section 494, Evidence Act, 1872, Section 50 -- Bigamy - Opinion as to relationship - Mere admission as to relationship would not be an evidence to prove second marriage in a proceeding u/s 494 IPC...........
Indian Penal Code, 1860, Section 406, 417, 420, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Complaint that husband has remarried - Complaint not only against husband but also against father-i, law, mother-i, law, unmarried sister-i, law, who are not concerned with the marriage - No material to show that applicants had knowledge of remarriage or..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Relationship in the nature of marriage - Occurring in S.2(f) of Act can be invoked only by a female partner of said relationship against male partner and not by third party to said relationship...........
Criminal Procedure Code, 1973, Section 125, 354(6) -- Maintenance - Application for grant of maintenance decided by Family Court after 9 years - Most of the time husband had taken adjournments and sometimes Court dealt with matter showing total laxity - Held, Family Judge is expected to be sensitive to issues as he is dealing with extremely delicate and sensitive issues..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband made genuine attempts so that wife joins his society but it is only on account of her adamant attitude, his attempts proved abortive - Wife also admitted that her husband sent notice requiring her to join him and to lead a happy marital life but she is not willing to stay..........
