Under Exception 2 of Section 375 IPC, sexual intercourse by a man with his own wife, provided she is above 15 years of age, does not constitute rape. Consent of the wife is rendered legally ..

Continued cohabitation does not amount to condonation of cruelty under the Hindu Marriage Act, 1955. A spouse who stays in the matrimonial home due to economic dependence, fear, social stigm..

When multiple dying declarations exist, the earliest declaration recorded by a doctor at the time of admission carries greater evidentiary weight, particularly when it is corroborated by ind..

Where the drawer of a cheque intentionally affixes a signature on the cheque that does not match his specimen signature available with the bank, an offence under S.138 of the Act is made out..

The law mandates issuance of a written notice to the correct address of the accused -- Actual service of such notice upon the accused is not a requirement of law. (Para 8)..

Where a mandatory condition precedent to issuance of summons has not been fulfilled, allowing criminal proceedings to continue would amount to permitting a prosecution founded upon an invali..

Where a settlement agreement was recorded only before a civil court and a decree was passed in the civil suit, but the criminal complaint was neither referred to mediation nor was any compro..

Whether the cheque was dishonoured due to insufficient funds or due to freezing of the petitioner's account is a question of fact that can only be decided during trial -- Petition dismissed ..

The fact that a husband has other family obligations and responsibilities does not excuse him from his primary duty to maintain his legally wedded wife -- CrPC, 1973, Ss.125, 127 (Para 7)..

The right to travel abroad is an integral facet of personal liberty under Article 21 of the Constitution, and any restriction thereon must be founded on law, follow fair and reasonable proce..

Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deliberate absconding by a proclaimed offender to evade trial constitutes a deemed waiver of the right to be present, enabl..

Earning capacity of a highly qualified professional spouse is a mandatory consideration even at the ad-interim stage of maintenance proceedings . Voluntary professional inactivity by a perso..