Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce - Petition by wife for divorce on ground of cruelty - Counter claim by husband u/s 9 of the Act - Wife left matrimonial house with intention to get herself re-married with some financially sound family - She also voluntarily left her minor child and never sought his custody - During her matrimonial stay she never..........
Freedom fighter -- Appellant being u, married daughter having no income is entitled to freedom fighter's pension - She never became independent of her father, a freedom fighter, as she started living with her nephew after demise of her parents - High Court committed error in relying upon fact that appellant has a son who was born of extra-marital relationship of hers with..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused a married man having children - He has spoiled the life of a young girl taking advantage of her simplicity - Sentence of 7 years R.I with payment of fine of Rs.5,000, in default to undergone R.I for 6 months is legal and proper...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Married life should be reviewed as a whole and a few isolated instances at the very early start of married life that too over a period of 1 and 1/2 years should not be snapped especially when spouses have been blessed with a child and such frivolities of life cannot amount to cruelty -..........
Evidence Act, 1872, Section 112 -- Term - `legitimacy' postulates two things: (i) natural parents were married to each other; (ii) they were lawfully married to each other - However, conclusive presumption is that child born during continuation of valid marriage between his parents is their legitimate child, irrespective of question whether child was born six, seven or..........
Indian Penal Code, 1860, Section 376, 452, 323, 506 -- Rape of deaf and dumb married woman - Eye witnesses to the incident not supported prosecution case - Victim who is deaf and dumb by birth herself stated by signs and gestures that she absolutely has no knowledge about incident - Victim also stated that neither accused entered her house nor he left her - Moreover,..........
Indian Penal Code, 1860, Section 307, 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Attempt to murder - Allegations of demand of dowry, torture and attempt to set victim on fire against family members of husband - Neither any specific date has been mentioned nor there is any injury report on record - Rather it is a case of no injury - Circumstances show that..........
Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Suicide is a complex phenomenon - There can be no presumption that every suicide committed by a married woman in her matrimonial house has to be because she was suffering harassment, torture, beatings at the hands of her husband or i, laws...........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15, Juvenile Justice (Care and Protection of Children) Rules, 2007, Section 5(3) -- Juvenile - Offence u/ss 363, 342, 366-A, 376 IPC - Dereliction of duties by Presiding officer - Presiding officer, who headed the Board on relevant dates acted in an absolutely casual and perfunctory fashion while..........
