Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed during pendency of transfer petition filed by husband for transfer of criminal cases initiated by wife and a petition filed by wife for transfer of divorce petition - Parties amicably settled all their disputes and are keen to put a quietus to all litigations between them so that they may..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 494 -- Offence u/ss 406, 498-A & 494 IPC - Quashing of complaint and summoning order - No allegation against petitioner as regards offences u/ss 498-A and 406 IPC are concerned - Summoning order u/ss 498-A & 406 IPC qua the petitioner is clearly not sustainable - As far as offence u/s..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Ingredients of the offence of bigamy are : (1) that the accused spouse must have contracted the first marriage; (2) that while the first marriage was subsisting the spouse concerned must have contracted a second marriage, and (3) that both the marriages must be valid in the sense that the necessary ceremonies required by the..........
Hindu Marriage Act, 1955, Section 25, 26 -- Permanent alimony - Absence of separate application - Not a bar to grant permanent alimony to wife while passing decree of divorce - Overall conduct of the parties has to be taken into account in considering the question whether S.25 of the Act has to be invoked...........
Hindu Marriage Act, 1955, Section 25, Criminal Procedure Code, 1973, Section 125 -- Permanent alimony - Grant of maintenance u/s 125 Cr.P.C. has no impact on jurisdiction of matrimonial Court to grant such alimony as it considers relevant to the facts and circumstances of the case...........
Civil Procedure Code, 1908, Section 151 -- DNA test to establish paternity of the children - Applicant had an opportunity to ask for DNA test in a petition filed by wife u/s 9 of Hindu Marriage Act for restitution of conjugal rights which he did not avail - No reasons given for not claiming such relief in the matrimonial court - Application dismissed...........
Hindu Marriage Act, 1955, Section 9, 5 -- Restitution of conjugal rights - Husband disputing marriage as ceremony of Sapatpadi in front of sacred fire not performed - Marriage took place 17 years back and two children born - Parties cohabited as husband and wife for a long time - Marriage proved from ration card application, student diary of daughter signed by husband..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage 17 years old - Only evidence against the husband is that he used to taunt wife saying that she was a woman of a weak mental faculty and not knowing household work - Does not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 45, 112 -- Divorce - DNA test - Cannot be ordered in absence of allegation that birth of child was as a consequence of illicit relationship of wife with some third person...........
Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 45, 112 -- Divorce - DNA test - Appellate Court cannot order DNA test when there was no such prayer made during the pendency of the divorce proceedings in trial Court...........
