Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife alleged that husband never took her back with her child to matrimonial home after her delivery - However, evidence on record shows that it is only because of involvement of wife in spirituality and her un-involvement in matrimonial life, she actually refused to come back to her..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Illness suffered by wife developed after child birth and same is curable with medicines - Mental unsoundness of mind of wife has not been proved by husband - Divorce petition rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P. can be filed even after dissolution of marriage...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband married another lady during subsistence of first marriage and husband procreated three children from her - Reasonable cause for wife to live separate...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Plea of divorce by mutual consent - Marriage between two Hindus can be dissolved only by modes recognised by Hindu Marriage Act and unilateral declaration executed on a stamp paper worth Rs.10/- is not a mode of dissolution of Hindu Marriage recognised by law..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere acquittal of husband in a criminal case filed by wife, does not wash away cruelty committed by husband of being involved with a young girl during subsistence of his marriage with wife and cannot be a ground to grant divorce - Divorce petition dismissed...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife admittedly quit her job to take care of children - Contention of husband that wife is lazing around and not earning money to take care of children rejected, as taking care of children for a mother is a whole time job - Maintenance @ Rs.36000/- p.m. granted to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relationship between parties turns sore after 8 years of marriage - Two children are born from the wedlock - In such circumstances, with the growing necessity of money qua cost of living and the manner in which couple lived together along with children, maintenance ought to be adjudged and granted -..........
