Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Dictum laid down by Apex Court in Amardeep Singh case in the context of S.13-B of Hindu Marriage Act is applicable to a petition for divorce filed u/s 28 of Special Marriage Act and on satisfaction of conditions laid down in that decision, Family Court can waive..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13A -- Transfer of petition u/s 13-A of the Act - Wife sought transfer of matrimonial proceedings at the place of her residence - Distance between place of residence and place of proceedings is about 110 kms - Wife is living at mercy of her aged parents and there is none who can accompany her to such..........
Special Marriage Act, 1954, Section 12(2), Information Technology Act, 2000, Section 6 -- Registering authority under the Special Marriage Act cannot refuse solemnisation of marriage online...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Obligation of father-in-law shall not be enforced if he has no means to maintain his daughter-in-law from any coparcenary property in his possession out of which daughter-in-law has not obtained any share and any such obligation cease on the re-marriage of daughter-in-law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was torturing wife physically and mentally - If wife is not interested she cannot be forced to live together with husband - Divorce rightly granted to wife...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
