Marriage -- Presumption - Long co-habitation as husband and wife - There is presumption of marriage - Such a presumption is rebuttable - If there are circumstances which weaken and destroy that presumption, Court cannot ignore them. (Evidence Act, 1872, S.114)...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Eye witness stated in his cross examination that he had not seen appellant killing his wife - He admitted that he has no knowledge about killing of deceased by appellant - Extra judicial confession made by accused before police - No evidentiary value - Conviction set aside...........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption - Male Hindu - Cannot adopt except with the consent of the wife, unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind - Consent of wife must be obtained prior to adoption and cannot be..........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption - Male Hindu - Can adoption with consent of wife - Provision is mandatory - Adoption without consent of wife is void...........
Indian Penal Code, 1860, Section 420, 120B -- Agreement to sell - Suit for specific performance filed - FIR lodged u/ss 420, 120-B IPC whereby it is alleged that complainant had handed over the blank stamp papers signed by his wife as security for obtaining the loan and agreement to sell was forged - Dispute not civil in nature - Petition to quash FIR dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband from an account jointly operated by him and his wife - Prosecution of both husband and wife - Allegation that both accused were possibly involved in negotiations that took place prior to issuance of cheque - No specific averment as to involvement of wife in issuance of cheque -..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Minor children - Maintenance - In a petition for divorce wife made a statement to maintain two minor children - Statement of mother of children is of no value as children are not party in the divorce petition - Father of minor children..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Joint account of husband and wife - Husband issued cheque drawn to joint bank account to discharge his liability - Wife neither having dealings with the petitioner nor drawer of cheque - Held, wife is not liable - Proceedings against wife quashed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year - Parties living under one roof during this statutory period of one year - Does not mean that statutory period of one year has not elapsed before filing the petition, once both the parties categorically admitted that they never lived like husband and wife during..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for a period of one year - During this statutory period of one year parties lived under one roof for a period of three months, but not as husband and wife - Does not mean that statutory period of one year has not elapsed before filing the petition...........
