Under the Hindu Marriage Act, 1955, a marriage contracted during the subsistence of a prior valid marriage is void. Relevant service rules restrict family pensions to legally wedded spouses,..

Under Article 22(1) of the Constitution and Section 36 BNSS communicating grounds of arrest is a mandatory constitutional safeguard, not a formality. An arrest memo silent on grounds, combi..

Whether Section 498A IPC/S.85 BNS extends to a man in a live-in relationship or a relationship in the nature of marriage — where no legal marriage exists — remains an open question. ..

Tribunal cannot deny compensation on speculative grounds-- Section 124A of Railways Act requires purposive interpretation in favour of claimants – Once a valid ticket and witness affidavit..

Section 155(2) CrPC bars police from investigating a non-cognizable offence without a Magistrate's order but does not specify who must move the application for such an order. The provision's..

Under Section 2(f) of the Domestic Violence Act, 2005, a "domestic relationship" includes relationships in the nature of marriage. Legal proof of a ceremonial marriage is not mandatory; evid..

Under Section 125 CrPC, maintenance is not limited to preventing destitution but ensures a wife lives with dignity consistent with the husband's status. Mere employment or income of the wife..

Under Section 4 of the Senior Citizens Act, 2007, a senior citizen can invoke the Maintenance Tribunal's jurisdiction only upon establishing inability to maintain oneself from personal earni..

Under Section 482(1) BNSS, 2023, anticipatory bail can only be sought by a person who has reason to believe he may be arrested. Once a person has already been arrested, the pre-arrest bail p..

A Magistrate's obligation to apply judicial mind to police reports is continual and does not cease upon taking cognizance on a primary charge sheet. Under Section 173(8) CrPC, every suppleme..

Under Order 9 Rule 13 CPC, setting aside an ex parte decree requires the defendant to establish either non-service of summons or sufficient cause for non-appearance. This burden is not disch..

Co-accused acquittal does not ipso facto entitle an absconding accused to anticipatory bail on grounds of parity. Trial court findings recorded during a co-accused's trial are wholly irrelev..