Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If wife leaves matrimonial house with lawful excuse or with the consent of husband, her act of leaving her matrimonial house cannot be treated as desertion - Husband not entitled to grant divorce on ground of desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a husband doubts the character of his wife, the wife has every justification for not living with her husband and if wife chooses to live separately from her husband, husband as a wrong doer cannot take advantage of his wrong doing and claim that his wife has deserted him...........
Indian Penal Code, 1860, Section 493, 494, 495, Hindu Marriage Act, 1955, Section 7, 11, 17 -- Acquittal - Validity - Held, if alleged second marriage is not valid one according to law applicable to the parties, it will not be void by reason of its taking place during life time of husband or wife of the person marrying so as to attract S.494 IPC - Again in order to hold..........
Hindu Marriage Act, 1955, Section 7 -- Ceremony of marriage - Held, Saptapadi i.e. taking of seven steps by bridegroom and bride jointly before sacred fire is essential rites to be performed for solemnization of marriage...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), (a)(s), 12 -- Domestic relationship - Valid marriage is not the requirement to claim benefit of the Act - Averment that they used to live together at times - Held, petition discloses the domestic relationship, hence, maintainable...........
Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - In order to attract S.493 IPC it has to be shown that cohabitation was caused by accused deceitfully inducing the lady to believe that there was lawful marriage between them - Complainant admitted in her evidence that neither before nor at the time of cohabitation there was any promise of marriage and that said..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Institution of criminal cases, by wife, against husband and his family members, would, by itself, constitute cruelty, particularly when it ends up in acquittal...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 7, Rule 11 -- Muslim - Restitution of conjugal rights - Petitioner a Muslim - No mention in petition that marriage was performed according to customs of Hindu religion or that petitioner converted to Hinduism - Act applies only to marriages that take place between parties, who profess Hinduism -..........
Special Marriage Act, 1954, Section 15 -- Registration of marriage - Presence of parents - Registering Authority is merely to see that there is a valid subsisting marriage and the parties have completed the age of 21 years at the time of registration and the parties are not within the degrees of prohibited relationship and neither of the party is an idiot or lunatic at the..........
Hindu Marriage Act, 1955, Section 12(2) -- Annulment of marriage - Fraud as to date of birth of wife - Husband positively knew correct date of birth of wife as recorded in her passport at the time of marriage and thereafter cohabited with her for a period of more than one year - Petition filed after one year of discovery of fraud is not maintainable...........
