Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Wife not aware of her husband's first marriage - Concealing of fact of first marriage by husband - Held, a woman, who had married without knowing about the previous marriage of husband, does not acquire legal status of wife, and is not entitled to claim..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix sent to Nari Niketan against her wishes - Radiological age of prosecutrix was found to be 18 years but Magistrate relying on school leaving certificate and admission register of prosecutrix held her minor, without paying attention to the fact that Headmaster of school had denied that prosecutrix had ever..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 - - Dissolution of marriage - Apostasy does not per se dissolve marriage - Woman married under Muslim Personal Law, upon apostatizing will be entitled to sue u/s 2(ix) of the Act seeking dissolution of marriage - She is required to prove before appropriate court that she has indeed apostatized from Islam and..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could be led in..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Woman married under Muslim Personal Law entitled to obtain decree for dissolution of her marriage on any ground recognized as valid for dissolution of marriages under Muslim Personal Law in addition to grounds provided in S.2 clauses (i) to (viii) of the Act - Act has not entirely done..........
Civil Procedure Code, 1908, Order 12, Rule 6, Dissolution of Muslim Marriages Act, 1939, Section 4 -- Judgment on admission - Dissolution of marriage - Wife apostatizing from Islam - Plea of demurrer - Unambiguous admission as to factum of reconversion - Mechanical and bald denial could not be considered as valid denials as required U.O.8.R.5 CPC - Suit decreed by trial..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4(Second - - Dissolution of marriage - Wife apostatizing from Islam - Husband's right to divorce by pronouncing Talaq not abridged - Woman under Muslim Personal Law is not empowered nor she is conferred with right to divorce her husband by apostatizing - Law states that where a woman married under Muslim Personal..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113 -- Dowry death - Death of wife of accused occurred within 9 months of marriage - Deceased committed suicide by hanging herself to a tree near her in-laws house - No efforts been made by accused/husband to trace his wife when she was missing - Evidence on record showing that deceased was subjected to..........
Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry - Gift articles given to the relatives of husband at the time of marriage do not constitute Istridhan...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Withdrawal of consent by wife after receiving an amount of Rs. 6.75 lakhs in petition u/s 13-B of the Act caused mental harassment to husband - She filed false complaints before police but no fault of husband or his family was found - Conduct of wife amounts to cruelty towards husband - Divorce rightly..........
