Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Saptapadi ceremony under Hindu Law is one of essential ingredients to constitute a valid marriage - Since there is no averment with regard to Saptapadi in complaint as well as in statements u/ss 200, 202 Cr.P.C, prima facie no offence is made out against wife -..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Photograph of marriage is not sufficient to prove factum of marriage, especially when same are not proved on record in accordance with Evidence Act...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Where marriage is disputed, it is not enough to find that marriage took place leaving it to be presumed that rites and ceremonies necessary to constitute a legal marriage were performed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Withholding mutual consent in a failed marriage is nothing but cruelty...........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Irretrievable breakdown of marriage - Keeping parties together despite irretrievable break down of marriage amounts to cruelty on both sides - Marriage between parties dissolved - Husband directed to pay Rs.10 lakhs towards permanent alimony and 10 cents of land to wife...........
Hindu Marriage Act, 1955, Section 13, 10 -- Divorce petition - Alternative relief of judicial separation - When no grounds were made u/s 13 of Hindu Marriage Act to grant a decree for divorce, decree for judicial separation cannot be granted as an alternate relief...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - When a husband makes baseless allegations of unchastity against wife, it amounts to mental cruelty from his part making wife eligible to seek divorce on that ground alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Baseless allegations made against wife of having illicit relationship with her own brother and she got pregnant from that relationship - However, divorce was not claimed on the ground of adultery - DNA test report of child negated the allegations made by husband - Husband is proved to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Family Court formulated two issues as to paternity of child, and compensation to child for causing mental trauma by denying its paternity - Those issues were unnecessary and unwarranted as far as pleadings are concerned and there was no prayer for any such relief from either side, as parties could not resist or..........
