Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim monetary relief u/s 23 of PWDV Act - Wife in a proceeding u/s 125 Cr.P.C was held to be legally wife of husband - There exists domestic relationship between parties - Husband failed and neglected to provide maintenance to wife which is obviously instances of economic abuse and accordingly domestic..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and his wife/deceased were maintaining cordial relationship and they were coming together from market on the date of incident - Both were drunk and quarrel ensured between them and in course of quarrel, accused assaulted deceased - Act of accused causing death of his wife was not premeditated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Live-in-relationship between parties - Both the parties are actually in their mid to late 30s - Only allegation of prosecutrix is that accused continued to have physical relationship with her on pretext of marriage - Bail granted to accused...........
Rajasthan Rent Control Act, 2001, Section 6, 9 -- Eviction petition - In application seeking eviction, applicant is not required to establish his title qua rented premises and to have a recovery certificate, it is sufficient that if he establishes relationship of landlord and tenant between the parties - From material on record, it is beyond any doubt that complainant has..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Divorced wife would not be entitled to right of residence conferred u/s 17 of the Act, as right being available only to a woman in a domestic relationship...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Landlord unambiguously averred that after sale of property in his favour he has become landlord/owner and there exists relationship of landlord and tenant between parties - Grounds on which tenant is seeking rejection of eviction petition is a matter of evidence and not germane for deciding..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was voluntarily in physical relation with accused and said relationship was known to others also - There is no evidence that accused was in physical relation with prosecutrix with intend to defraud her - Subsequent conduct of non-solemnization of marriage with prosecutrix, cannot be termed as fraudulent act on the..........
Protection to Life and Liberty -- Contractual live-in-relationship - Girl aged 18 years and boy aged 19 years - Such type of deed is not permissible in law - Moreover under the provisions of Prohibition of Child Marriage Act, 2006, boy is not competent to perform marriage and as such he is not competent to have a live-in-relationship by stating in the deed that it is not..........
Landlord and tenant -- Relationship - Agreement of tenancy can be both by writing or oral - Even if, there is oral agreement of tenancy, Court has to look into the circumstances and intention of the parties and other material to conclude as to whether there was any tenancy or not...........
