Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Prosecutrix is 30 years old major lady and also working in government department - She herself met accused and started whatspp chatting and video calls - Evidence on record shows causal conversation regarding love and marriage are visible - Marriage was not consummated between parties due to..........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Hindu Marriage Act, 1955, Section 13B, 2(2) -- Divorce by mutual consent - Both the parties belong to Scheduled Tribe Community - However, marriage was solemnized as per customs and traditions of Hindu Community and both the parties have been following Hindu Traditions and customs - Order of trial Court returning the petition on the ground of want of jurisdiction u/s 2(2)..........
Evidence Act, 1872, Section 18 -- Admission by common ancestor in matter of inheritance - Where children from the first wife brought a suit for possession of their father's property disputing second marriage of their father, admission of their deceased father that defendant, as his legally wedded wife, was binding on the plaintiffs...........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Family Courts Act, 1984, Section 7(1)Explanation(d) -- Expression `circumstances' includes - all circumstances surrounding, preceding and closely following the principal event of marriage and eventualities surrounding the same...........
Family Courts Act, 1984, Section 7 -- Family Court - Even the parties to the void marriage can approach Family Court for redressing their grievance, as a marriage which is void as defined u/s 24 of Special Marriage Act will remain valid for all practical purposes unless it is annulled in a suit or proceedings before Family Court...........
Hindu Marriage Act, 1955, Section 11, 12 -- Void and voidable marriage - Grounds of S.12 of the Act are different from grounds as given in S.11 of the Act - Mere fact that petition u/s 12 of the Act is changed to S.11 of the Act by amendment, petition u/s 11 of the Act cannot be considered as per provisions of S.12 of the Act...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Certificate of registration duly signed by wife clearly carries declaration that marriage was solemnized - There is no reason to disbelieve said documentary evidence of marriage and clear cut declaration therein - Therefore, bald oral assertion in absence of any cogent evidence cannot be accepted - Application u/s 11..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Prohibition of Child Marriage Act, 2006, Section 9 -- Rape - Quashing of proceedings - Accused is alleged to have married a minor girl/victim - Correct date of birth of victim is yet to be ascertained - Even if victim is found to be below 18 years at the time of..........
