Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conclusive presumption of paternity of a child born during subsistence of a valid marriage is that child is that of husband and it cannot be rebutted by mere DNA test report - What is necessary to rebut is proof of non-access at the time when child could have been begotten, i.e at the time of its..........
Evidence Act, 1872, Section 112 -- DNA test - Matrimonial dispute - Paternity of child - Principles as to when DNA test of minor child may be directed : (i) That DNA test of a minor child is not to be ordered routinely, in matrimonial disputes - Proof by way of DNA profiling is to be directed only in matters where there is no other mode of proving such assertions; (ii) DNA..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise after grant of decree of divorce by mutual consent - Parties realized their mistake in parting ways and have against come together - Such a step shall be beneficial for both the parties as well as their child - Decree set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Testimony of husband regarding cruelty and desertion meted out to him by wife is uncontroverted - If testimony of witness is not challenged by way of cross-examination, same is taken to be accepted - Family Court rightly granted divorce to husband on the basis..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Loss of marriage prospects - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - Considering their medical conditions, appellant `A' be awarded Rs.3 lakhs whereas, appellant `S' be awarded Rs.1.50,000/- for loss of marriage prospects...........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of children committed suicide - Children are residing with their maternal grandparents - Father of children is involved in a case registered u/s 306 IPC on account of alleged suicidal death of mother of children - Relationship between parents of children remained strained just after some time of..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce petition by husband and petition for restitution of conjugal rights by wife - Wife left the matrimonial home and thereafter gave birth to a daughter - Husband produced letters written by his parents to parents of wife in which wife was asked to join matrimonial home - However, no efforts were made by wife to join..........
Indian Penal Code, 1860, Section 498A -- Marriage between parties held null and void by High Court - Conviction u/s 498-A IPC not sustainable...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not been able to deny or rebut specific instances of ill-treatment stated to have been suffered by wife at his hands - He himself having by his own conduct brought matrimonial relationship at a point of irretrievable breakdown, cannot enjoy benefit of his misdeeds - Wife on..........
