Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - One single instance, in isolation, is hardly sufficient for the dissolution of marriage on the ground of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Decree granted by trial Court - Set aside by High Court - High Court considered all the three instances of cruelty and found that appellant had not been able to bring his case u/s 13(1)(ia) of the Act - Held, finding of High Court do not warrant an interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Wife attended marriage of husband's brother against wishes of her husband as a result of which miscarriage took place - Held, miscarriage would have caused the greatest distress and pain to the wife and instead of sympathizing with her, husband chose the incident to cite as an instance..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - If a party by his own conduct brings the relationship to a point of irretrievable breakdown of marriage then he/she cannot be allowed to seek divorce on the ground of breakdown of marriage - This would simply mean giving someone the benefits of his/her own misdeeds...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - Not a ground of divorce...........
Dowry Prohibition Act, 1961, Section 4 -- Complainant and accused fell in love with each other, got married and afterwards started living separately - Prosecution allegations that accused raised a demand for a sum of Rs.1 lac and 25 sovereigns - Held, it cannot be termed as demand for dowry, since the demand is not made in connection with marriage...........
Run away marriage -- Protection - Marriage without knowledge of parents - Both the petitioners major - Petitioners apprehending that their close relation will cause hurt to them on coming to know of the marriage, entered without their consent - Held, run away couples should be given constitutional protection which is available to all the citizens of the country under..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9, 13B -- Maintenance - Wife living separately - Ex-parte decree for restitution of conjugal rights was decreed in favour of husband - Inspite of it, it is a valid decree until it is set aside - Held, wife is not entitled to live separately from her husband and claim maintenance u/s 125 Cr.P.C. -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23, 9 -- Husband filed petition for divorce on ground of cruelty - Wife filed petition for restitution of conjugal rights during the pendency of divorce petition filed by husband - A decree for restitution of conjugal rights was passed as husband agreed to the passing of the decree - Held, mere suffering of a conceded decree for..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Consent of prosecutrix - Prosecutrix stated that the episode of rape took place under the promise of marriage - Prosecutrix admitted before the doctor who examined her that sexual intercourse committed with her consent - Age of prosecutrix more than 16 years - Held that the prosecutrix was the consenting..........
