Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the person of prosecutrix - By itself no ground to infer consent on the part of prosecutrix...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea of divorce by mutual consent - Husband pleaded that trial Court while granting interim maintenance has not specifically dealt with plea taken by him regarding divorce by mutual consent - Though, wife disputed alleged divorce being voluntarily one - However, even if divorce has taken place between..........
Family Courts Act, 1984, Section 7 -- Muslims - Divorce by mutual consent - Family Court is empowered to consider application for divorce by mutual consent when parties are Muslim...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties have been waiting for a divorce for 10 months and only 2 months time is left to complete the waiting period - Both the parties are unequivocally in agreement about their decision to divorce and there seems to be no..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Unilateral withdrawal of consent by wife after receiving part of agreed amount - Held, Family Court was justified in decreeing divorce petition inspite of subsequent withdrawal of consent by wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Mere filing of civil suit asserting certain rights over land contrary to consent decree cannot be said that plaintiffs have breached the consent terms - Appellant participated in such proceedings - Does not amount to contempt of Court...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
