Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive manner to obtain decree of divorce..........
Indian Penal Code, 1860, Section 376 -- Lack of any resistance or absence of injury on the body of victim - No consequence vis-a-vis the issue of consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injury on the body of victim - Cannot lead to conclusion that she had given her consent and indicates that she did not put up resistance...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Rape - Consent - Presumption - Victim categorically denied consent for sexual intercourse - Provisions of S.114-A Evidence Act stands applicable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5 -- Admissibility of document - Xerox copy of document - Cannot be accepted unless both sides have admitted the same and such document is brought on record with consent of both the parties without any objection having been raised, as if a document is to be relied upon for grant of decree then same has to be brought on..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - At the time of second motion there was consent of wife but wife remained absent for three dates thereafter - Held, there was compliance of S.13-B of the Act - Decree of divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Principles governing : (a) For a decree of divorce to be granted u/s 13-B of the Act consent of parties must be a continuous consent and must subsist till the date of decree; (b) Consent cannot be presumed by the court if one of the parties remain absent from the proceedings on one or more occasions; (c)..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Declined by keeping in view the future of small girl child, who would be deprived of the love and affection of the mother - This observation is totally contrary to the provisions of the Act - Court is to grant divorce if consent given is free and is not the result of undue influence, coercion etc. -..........
Possession -- Proof - Lawful possession can be proved by proving either that he is owner of such property or is in possession as a lawful tenant or is in its permissive possession with express consent of its true owner...........
