Marriage certificate -- Marriage against wishes of family members - Police protection - Petition based primarily on the basis of marriage certificate which is not recognized in law - High Court declined to use its discretionary jurisdiction and refused the relief asked for with liberty to take any other appropriate remedy available in law...........
Arbitration and Conciliation Act, 1996, Section 8 - - Marriage - Dispute relating to marriage cannot be referred to Arbitration as Arbitration Act contemplates an arbitration agreement as a condition precedent for referring any dispute to arbitration and Hindu Marriage is not a contact and ordinarily there is no agreement in marriage ruling out the possibility of an..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950 - - Divorce by mutual consent - Parties arrived at settlement during pendency of SLP from the order of maintenance - Memorandum of settlement accepted as it is in the interest of parties and their children - Since parties have also agreed for annulment of marriage, decree of divorce granted u/s.13-B of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife not able to conceive or to give birth to a child - By itself not a ground for divorce as no fault is attributable to her behaviour and conduct which construed as cruelty to husband...........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Evidence Act, 1872, Section 41 -- Relevancy of judgment - Judgment of matrimonial court passed in proceedings u/s 13 of Hindu Marriage Act is relevant while deciding a case u/s 494 IPC between same parties...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Conviction - Validity - Continued demand of Rs.50,000/- and one sewing machine - Victim also sent letter indicating renewal of such demand - Prosecution has established demand of dowry, torture and unnatural death of deceased within one year..........
Hindu Marriage Act, 1955, Section 13(1)(iii), 9 -- Divorce - Husband seeking divorce on the ground that wife is suffering from "schizophrenia" - Wife seeking restitution of conjugal rights - Report of team of doctors that wife though suffering from `illness of schizophrenic type', does not show symptoms of psychotic illness at present and has responded well to the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife being a permanent resident of Canada came to India for the purpose of solemnizing her marriage - She left India without her husband - Husband called her many times asking her to come to India and live with him as his wife but she did not respond - Thereafter they have been living separately and no..........
Hindu Marriage Act, 1955, Section 13, 24 -- Divorce petition - Dismissed due to non payment of maintenance pendente lite - However, maintenance pendente lite paid during pendency of appeal - Held, it appears that there was no mala fide intention of husband for non payment of maintenance arrears - Held, divorce petition deserves to be decided on merits - Impugned order set..........
