Hindu Marriage Act, 1955, Section 7, Evidence Act, 1872, Section 101, 102, 103, 104 -- Marriage - Validity of marriage challenged on ground of non performance of customary rites and ceremonies including saptapadi - Onus is on party who challenges marriage to prove not only such omission but also that rites are ceremonies were indispensable - Held, when there is no evidence..........
Hindu Marriage Act, 1955, Section 7, Evidence Act, 1872, Section 114, 101, 102, 103, 104, 112 -- Marriage - Validity of marriage challenged on ground of non performance of customary rites and ceremonies including saptapadi - Held, when there is ample material on record as to solemnization of marriage, continuous cohabitation of married couple for fairly long time, and..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Decree passed without waiting period of six months - Wife withdrawing her consent within period of six months - Divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Condonation of waiting period - Parties living separately since 15 years and contesting divorce proceedings for more than 5 years - No chances of their being rehabilitated - Waiting period of six months condoned - Marriage dissolved by way of mutual consent...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife alleged to be working as a teacher in a School - Bare allegation not sufficient - Certificate from school could have been obtained as a testimony to this fact - Husband to maintain old mother and 16 years old son not a ground to deny maintenance to wife as wife also has to look after herself and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption arises on proof of facts that (i) unnatural death of a woman within 7 years of her marriage; (ii) she was being subjected to cruelty or harassment by her husband or any relative of her husband in connection with any demand for dowry...........
Evidence Act, 1872, Section 17, 20 -- Admission - In earlier maintenance proceedings marriage stated to be already dissolved - Dissolution of marriage not in issue in those proceedings - Opposite party in present case not a party in earlier proceedings - Held, statement so made cannot be taken as admission...........
Marriage -- Inter caste marriage - Children born out of such marriage - Are entitled to all educational concessions given to Scheduled Castes and Scheduled Tribes Communities provided one of the parents belongs to Scheduled Caste or Scheduled Tribe...........
Dissolution of Muslim Marriages Act, 1939, Section 3 -- Dissolution of marriage - Decree for dissolution of marriage obtained by wife under the provisions of the Act is a legal divorce under the Muslim Law - Entitled to reasonable and fair provision under S.3 of the Act - Divorced wife who was bound to observe iddat not observed iddat - Held, not entitled to maintenance..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Minor child - Claim for maintenance - Award of maintenance in a proceeding under Hindu Marriage Act does not take away the right of the minor child to claim maintenance in its own right - However, Court is required to take into consideration the quantum of maintenance awarded by the Court in a proceeding relating to..........
