Indian Penal Code, 1860, Section 366A -- Offence u/s 366-A IPC - Prosecution is required to prove through cogent and reliable evidence that victim girl under the age of 18 years was induced to go from one place to another with the intention that such girl may be forced or seduced to have illicit intercourse with another person - However, evidence available on record does..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prolonged period of 16 years during which sexual relations continued unabatedly between parties, is sufficient to conclude that there was never an element of force or deceit in the relationship...........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Muslim wife is entitled to get maintenance from her husband during subsistence of her marriage u/s 125 Cr.P.C, if she is unable to maintain herself - Even after divorce, she is entitled to get maintenance from her former husband u/s 125 Cr.P.C. if she is unable to maintain herself despite payment of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by implying the presumption u/s 113-A of Evidence Act - There requires to be cogent evidence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acts of cruelty must be such from which it can be reasonably and logically concluded that there cannot be any reunion between parties due to said acts...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation between parties - Parties living separately since 2010 - Marriage between parties has became unworkable and has reached the stage of beyond repair - If parties are called upon to stay together, it may lead to mental cruelty to both of them - Marriage dissolved by a decree of divorce...........
