Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 323 -- Quashing of FIR - Offence u/ss 406, 498-A, 323 IPC - Divorce by mutual consent granted whereby wife undertook to get the FIR quashed - Compromise duly signed by both the parties and even brother of wife had signed as a witness - In a petition for quashing FIR wife stated that she..........
Dowry Prohibition Act, 1961, Section 2 -- 'In connection with the marriage of the said parties' - Other customary payments given at the time of birth of a child or other ceremonies as are prevalent in different societies are not covered by the expression 'dowry'...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting of six months - Waiting period can be waived in exceptional cases - Normally the parties are expected to wait for this statutory period as there can always be thinking or re-thinking which may prompt one party to opt out of this consent - Court are required to decide the aspect of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Trial Court in waiving this period statutorily required to be followed was that the parties have reached a compromise - Held, action of court in waiving of this period not legally justified - Decree of divorce set aside...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 420, 406, 120-B, 506 IPC and Ss.3 & 4 Dowry Prohibition Act - Parties compromised - All articles given as gift prior to marriage returned and in addition a sum of Rs.50, 000/- also paid - One of the parties backed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix and accused married and divorce not sought by either of them - Incident of rape four years old - Prosecutrix aged 32 years of age - Bail granted...........
Succession Act, 1925, Section 372 -- Succession certificate - Second marriage during subsistence of first marriage - Second wife nominee - Four children born out of second marriage - Besides the four children, legally wedded wife entitled to equal share in the estate of deceased...........
Hindu Law -- Customary divorce - Absence of any pleading regarding divorce - Plea of customary divorce rightly negated by High Court...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 2 -- Accused husband demanded a sum of Rs.1 lakh from parents of deceased not as a loan but in connection with relationship of marriage - Held, that demand of Rs.1 lakh as a valuable property and fell within the purview of dowry...........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Disease - Marriage can be declared null and void only on ground of mental disease and not ground of any other disease...........
