Hindu Marriage Act, 1955, Section 5 -- A Hindu converting to Islam returned to Hindu fold after Shudhikaran ceremonies in the manner and being followed by Hindu customs - Marriage of such a person with a Hindu is permissible u/s 5 of the Act - Marriage cannot be declared a nullity...........
Indian Penal Code, 1860, Section 376,417 -- Offence of cheating and rape - Allegations that complainant agreed to have sex with accused when she was given assurance of marriage - Complainant had sex with accused on more than one occasion without raising any voice of resistance - Complainant allegedly became pregnant twice and her pregnancy terminated - Persons who..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of parties to continue upto passing of decree - However, situation is different when a petition u/s 9 or 13 is converted to a petition u/s 13-B after the parties executing consent terms - Held, in that event one party cannot be allowed to unilaterally withdraw the consent if other party has..........
Indian Penal Code, 1860, Section 376, 386 -- Rape - Appeal against acquittal by High Court - Neither any incident of administration of threat to family nor facts that prosecutrix and her family members were forced to travel to place of marriage reported to police - Nothing on record that accused at any point of time, coerced or threatened the prosecutrix and her family..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Death within a period of one year and ten months of marriage - Two dying declarations recorded one by Investigating Officer and the other recorded before the Tehsildar - Merely for the reason that there were two dying declarations, prosecution case cannot be doubted - Statement given..........
Indian Penal Code, 1860, Section 304B 498A -- Dowry death - Allegations that accused husband and father-in-law of deceased wife committed dowry death - Mother-in-law and brother-in-law of deceased also arrayed as accused - Offence alleged to have been committed within 7 years of marriage - Contention of accused that deceased committed suicide, deceased being 26 years of..........
Criminal Procedure Code, 1973, Section 439, 309 -- Accused/respondents involved in many criminal cases - They are in judicial custody in some criminal cases which are pending in different Courts - One of them has been convicted for life imprisonment in a case of murder - Order of conviction has become final - Prayer that they may be released to attend marriage ceremony of..........
Evidence Act, 1872, Section 112,45 -- During maintenance proceedings petitioner filed application for DNA test of her daughter, alleging that she was legally married wife of opposite party - Opposite Party asserted that at no point of time he established sexual relations with petitioner after their marriage since he had no access to her and she did not allow him for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Petitioner having live-i, relation with respondent, claiming maintenance u/s 125 of the Code - Petitioner admitted that she was not married to respondent - Held, in absence of legal and valid marriage, mere fact that parties lived together as husband and wife to knowledge of people would not confer on such..........
Civil Procedure Code, 1908, Section 24 - - Transfer of case - Matrimonial dispute - Petitioner being a housewife having a minor child less than 2 years - Being unemployed and having no source of income - She would not be in a position to travel on all dates of hearing to Court at Mangalore to contest petition initiated by her husband for dissolution of marriage between..........
