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Supreme Court Made A Notable Judgment: Six Months Cooling Period In Section 13B(2) For Divorce In Hindu Marriage Act By Mutual Consent Is Not Mandatory


Settling a contentious issue, a two Judge Bench of Supreme Court comprising Justices AK Goel and UU Lalit held that the 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory, and ...


164 A. Medical examination of the victim of rape. – (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her and prepare a report of his examination giving the following particulars, namely:- (I) the name and address of the woman and of the person by whom she was brought; (II) the age of the woman; (III) the description of material taken from the person of the woman for DNA profiling; (IV) marks of injury, if any, on the person of the woman; (V) general mental condition of the woman; and (VI) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of th


IN THE SUPREME COURT OF INDIA Criminal Appeal No. 2009 of 2013 (Arising out of Special Leave Petition (Crl.) No. 4895 of 2012) Decided On: 26.11.2013 Appellants: Indra Sarma Vs. Respondent: V.K.V. Sarma Hon'ble Judges/Coram: K.S. Panicker Radhakrishnan and Pinaki Chandra Ghose, JJ. Subject: Criminal Catch Words Mentioned IN Relevant Section: Indian Penal Code, 1860 - Section 304B; Indian Penal Code, 1860 - Section 498A; Protection of Women from Domestic Violence Act, 2005 - Section 2; Protection of Women from Domestic Violence Act, 2005 - Section 3 Acts/Rules/Orders: Protection of Women from Domestic Violence Act, 2005 - Section 2, Protection of Women from Domestic Violence Act, 2005 - Section 3, Protection of Women from Domestic Violence Act, 2005 - Section 6, Protection of Women from Domestic Violence Act, 2005 - Section 12, Protection of Women from Domestic Violence Act, 2005 - Section 12(1), Protection of Women from Domestic Violence Act, 2005 - Section 18, Protection of Women from Domestic Violence Act, 2005 - Section 19, Protection of Women from Domestic Violence Act, 2005 - Section 20, Protection of Women from Domestic Violence Act, 2005 - Section 21, Protection of Women from Domestic Violence Act, 2005 - Section 22, Protection of Women from Domestic Violence Act, 2005 - Section 23, Protection of Women from Domestic Violence Act, 2005 - Section 26, Protection of Women from Domestic Violence Act, 2005 - Section 29; Special Marriage Act; Hindu Marriage Act, 1955 - Section 5, Hindu Marriage Act, 1955 - Section 7; Civil Partnership Act, 2004; Family Law Act, 1996; Domestic Violence Intervention Act, 2001; Violence Against Women Act, 1994; Domestic and Family Violence Protection Act, 2012; Property (Relationships) Act, 1984; Dowry Prohibition Act, 1961; Hindu Adoptions and Maintenance Act, 1956; Code of Criminal Procedure, 1973 (CrPC) - Section 125; Indian Penal Code (IPC) - Section 304B, Indian Penal Code (IPC) - Section 498A; Co


HomeCase BriefsNo Bar For Claiming Maintenance Under S. 24 Hindu Marriage Act, Even In The Event Of Application Under S. 125 Crpc Having Been Filed No bar for claiming maintenance under S. 24 Hindu Marriage Act, even in the event of application under S. 125 CrPC having been filed CASE BRIEFSHIGH COURTS Published on August 5, 2017By Saba Leave a comment Karnataka High Court: While passing the order in a writ petition filed under Articles 226 and 227 of the Constitution, a Single Judge Bench comprising of Aravind Kumar, J. held that the contention of the respondent that the present application for maintenance was not maintainable on account of the petitioner having already filed an application under S. 125 CrPC could not be accepted. The marriage was solemnized between the petitioner wife and the respondent husband in 2001. The petitioner filed a petition under S. 13(1 (ia) and (ib) of the Hindu Marriage Act, 1955 for dissolution of marriage. During the pendency of proceedings, the petitioner filed an interlocutory application under S. 24 of the Act claiming interim maintenance. The respondent contended that he was already paying Rs. 10,000 p.m. to the petitioner as maintenance under S. 125 CrPC. The Court held that there cannot be any bar for claiming maintenance under S. 24 HMA, even in the event of application under S. 125 CrPC having been filed. The Court further held that a reading of S. 24 HMA, would disclose that while awarding maintenance, court has to take into consideration the income of parties before deciding the quantum of maintenance. During the pendency of divorce proceedings, at any point of time, if wife establishes that she has no sufficient independent income for her support, it would always be open for her to claim maintenance pendent lite. In case respondent-husband attempts to stove off the claim for maintenance sought for by the wife, it is trite law that husband will have to satisfy the court that either due to physical or mental