Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Stipulation of a period of two years being a minimum mandatory period u/s 10-A of the Act is arbitrary and oppressive and that said two year period has to be read as one year taking into account the one year period as stipulated in similar legislations i.e S.28 of Special Marriage Act, S.13-B of Hindu Marriage..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Waiver of one year separation period - Both the petitioners have categorically asserted that relationship has become irreconcilable and distressing - Interest of any children is not involved in the case, since parties were not blessed with any issues - Petitioners have also stated that their decision is..........
Hindu Marriage Act, 1955, Section 13B, 8(5), Hindu Marriage and Divorce Rules, 1956, Rule 3(a) -- Divorce by mutual consent - There is no necessity of filing registration certificate when marriage is not registered - Requirement of filing registration certificate is only in cases where marriage is registered...........
Adoption -- Consent of biological father - Marriage between biological parents dissolved by decree of divorce and biological father even gave up his claim to even visit the minor child ever - Biological mother remarried and along with second husband applied for adoption of minor son - Biological father of child not taken any stand despite opportunity - Refusal to take a..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Wife refused to consent for divorce after withdrawing the amount deposited by husband in terms of compromise and also withdrew the fixed deposit - She cannot withdraw from application by saying that one part of application which is in her favour was entered into voluntarily while that which imposes obligation on..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Settlement arrived at between parties during pendency of transfer petition - Parties guided by seasoned counsel and Mediator, not only agreed to dissolve their marriage by mutual consent u/s 13-B of Hindu Marriage Act but have also comprehensively settled collateral issues, i.e, permanent..........
Transfer of Property Act, 1882, Section 116 -- Tenant by holding over - Tenant continuing in possession after determination of lease with consent of landlord is a tenant holding over or a tenant at will...........
Stamp Act, 1899, Section 3 -- Stamp duty - Consent decree - Plaintiff has prayed for partition of suit property left behind by his father and during pendency of suit, plaintiff and defendant settled their dispute and have entered into terms of Settlement - Plaintiffs and defendants were not having any pre-existing right over property - Merely by executing a terms of..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and complainant who were cohabiting for a long period, have been indulging in sexual relationship between them with the belief that they were husband and wife - It cannot be said that consent which complainant extended to accused for sexual relationship was vitiated by misconception of facts - Offence of rape not..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marriage and subsequent physical relationship between prosecutrix and accused with consent would not amount to rape...........
