Second Marriage in India: Its Legal aspects

6 January 2022Posted inCriminal law
A person marrying for the second time while his first marriage is in subsistence is an offence. Such a marriage, called bigamy, does not hold any legal validity. Nevertheless, the victims of bigamy can still approach the court for claiming maintenance. In order to attract the offence of bigamy, it is necessary that essential ceremonies, rites or procedures constituting a marriage should have performed in both the marriages. In essence, a marriage means solemnisation with proper ceremonies appropriate under the custom or law followed by the party in marriage.

Withdrawal from Mutual Divorce after Settlement

5 January 2022Posted inFamily, Marriage & Divorce
Unilateral withdrawal of consent by the respondent, especially after the appellant has performed his part of the terms in the memorandum of agreement cannot be permitted or tolerated even for a moment, says the High Court of Kerala (HC) in a Matrimonial Appeal relating to Mutual Consent Divorce Such a unilateral withdrawal of consent by the respondent would shatter the faith of the litigants in the justice delivery system and make alternative dispute resolution mechanism a mockery. Such a practice is unsustainable in law.

No Prior Sanction required in Corruption Cases

1 January 2022Posted inCriminal law
No prior sanction of the government is required, under section 17A of Prevention of Corruption Act, 1988 (PC Act), for offences like falsification of accounts, breach of trust and misappropriation of funds or acts which are ex facie criminal in nature. The Kerala High Court held this in Shankara Bhat v. State of Kerala & Ors, while deciding a few connected matters.

Granting NOC by Criminal Courts for getting Passports

27 December 2021Posted inCriminal law
The High Court of Kerala in Thadevoose Sebastian v The Regional Passport Office says that the grant of permission by the Magistrate enabling an accused to travel abroad will be of great significance, especially since it will be a process of balancing the fundamental right of a citizen to travel abroad and the need to ensure the presence of the accused during trial.

Rejection of a Plaint under the CPC

26 December 2021Posted inCivil law
The object of rejection of plaint is to weed out frivolous, vexatious and improper plaints at the very outset. Institution of a suit is by presentation of plaint in the manner prescribed by law in Order 6 and 7 of the Civil Procedures Code (CPC). A plaint shall not be duly instituted unless it complies with the requirements specified in Order 4 of the CPC. The court shall ensure entering the particulars of every suit in a register of civil suits and number them in every year in a serial order as the plaints are admitted.

Sexual Intercourse without Consent is Rape

25 December 2021Posted inCriminal law
Sexual intercourse of a man with a woman against her will or without her free consent is rape under, Section 375 of the Indian Penal Code (IPC). The consent should be an unequivocal voluntary agreement of the woman by words, gesture or any form of verbal or non-verbal communication, by which she communicates her willingness to participate in the sexual act in question.

Persons who affirm their Hindu Belief can Register their Marriage under HMA

13 December 2021Posted inFamily, Marriage & Divorce
When two petitioners, the first of whom is an Indian citizen who belongs to Hindu Community and the other a citizen of Filipina who got converted to Hindu religion as second petitioner, after undergoing sacred marriage ceremonies and rites according to the custom applicable to the community to which the first petitioner belongs held at a temple at Thrissur District and obtaining a certificate issued by the temple authorities evidencing the marriage was solemnized on 13.9.2016, the Marriage Registrar declined to register their marriage under the Kerala Registration of Marriages(Common) Rules, 2008. However, , when the petitioners approached the High Court of Kerala in Pranav AM v The Secretary, Engandiyur Gram Panchayat, the court asked the marriage Registrar to register the marriage under the above rules.