Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
Indian Penal Code, 1860, Section 363, 376, Prohibition of Child Marriage Act, 2006, Section 3 -- Quashing of FIR u/s 363 or S.376 IPC on the basis of statement of minor that she has contracted the marriage of her own - Consummation with the wife below the age of 15 years, is an offence - No exception can be made to the said constitutional mandate - If the girl is more than..........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13(b)(1) -- Divorce - Obtained by husband by playing fraud on wife and Court - Court which granted decree set aside the decree in exercise of power u/s 151 CPC - Validity of order - Courts have unlimited and unrestricted powers u/s 151 CPC to make such orders as may be necessary to meet the ends of..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder of first wife by assaulting her with a knife and for causing disappearance of evidence - Circumstantial evidence - Motive along with chain of circumstances proved - Accused miserably failed to show any missing link in the chain of circumstances - Conviction calls for no interference...........
Criminal Procedure Code, 1973, Section 125(1)(a)(b), Family Courts Act, 1984, Section 19(4) -- Maintenance - Entitlement - Wife employed as teacher and drawing fixed salary - No pleading that minor child is in a position to maintain himself but admittedly he was not a party in the case filed by opposite party - Family Court was pleased to allow claim of maintenance in..........
Indian Penal Code, 1860, Section 498A -- Second wife - When husband, relative or society consider and recognize second wife as a wife then second wife is not excluded from the purview of S.498-A IPC...........
Hindu Marriage Act, 1955, Section 12(1)(a) -- Divorce - Impotency of wife - Held, impotency is one of the grounds for nullity of the marriage in view of S.12(1)(a) of the Act - However, there is a marked distinction between infertility and impotency - In the absence of any material on record showing the impotency, or to be more specific, frigidity of the wife so as to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Wife seeking transfer of matrimonial petition filed by husband which is at a distance of 500 Kms. - Wife having no source of income to bear the expenses - Nor she has accompany for purpose of travelling - Held, in matrimonial proceedings filed by husband, convenience of wife should be looked at - Application..........
Protection of Women From Domestic Violence Act, 2005, Section 17, Family Courts Act, 1984, Section 7 -- Right of wife u/s 17 of the Act - Cannot be defeated by an order of injunction restraining her from entering into the shared household - Civil Court or Family Court cannot grant such an injunction, so long as the right of wife is either admitted or proved or not..........
Specific Relief Act, 1963, Section 41(i), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Suppression of material fact - Husband while seeking temporary injunction suppressed the fact of filing a petition by wife under Protection of Women From Domestic Violence Act - Conduct of plaintiff is such as to disentitle him to the assistance of Court, as provided u/s 41(i) of..........
