Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage can be a ground for annulment of marriage...........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage - None of parties are willing to cohabit and there was no independent evidence of husband to show that marriage was consummated - Parties are living separately for almost 10 years and husband did not file any application for restitution of conjugal rights - More so,..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Husband categorically admitted that he used to visit wife every weekend - Evidently, couple had access to each other - Child was born to couple having access to each other and during subsistence of valid marriage between them - Presumption u/s 112 of the Act gets attracted - Paternity of child held, cannot..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
Hindu Marriage Act, 1955, Section 26 -- Interim custody of child - Permission to take child abroad - Order granting permission to an Indian citizen to take his/her child abroad will not foreclose right of other spouse to get custody...........
Hindu Marriage Act, 1955, Section 26 -- Interim custody of child - Permission to take child abroad - Petition by mother - Father and mother of child are in abroad - Child is in de facto custody of parents of mother - Mother claims that she can provide all amenities for proper stay, education and upbringing of child in UK - Request of mother to issue Sole Legal..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife neither filed rebuttal of averments made in the petition u/s 13 of the Act nor any evidence tendered - Husband also not subjected to cross examination - Family Court rightly concluded that wife deserted husband - Divorce rightly granted to husband...........
Indian Penal Code, 1860, Section 376 -- Rape - Discharge - Love affair between parties for prolonged period of 8 years - Prosecutrix is sufficiently of matured age to be conscious of relationship, both physical and mental - Merely because relationship between parties had now turned sour, it cannot be inferred that physical relationship established with her on every..........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Re-marriage by wife within the period prescribed for filing appeal - Solemnization of second marriage is thus, in contravention of S.15 of the Act - However, effect of contravention of S.15 of the Act can be dealt with only at the stage of final hearing - Appeal filed by husband within period of appeal would not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Physical violence is not absolute essential to constitute cruelty, but a consistent course of conduct inflicting mental agony is sufficient to constitute cruelty...........
