Reema Aggarwal Vs. Anupam
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Head Note
Constitution of India, 1950 - Article 136
Leave to appeal refused by High Court - It has a duty to indicate reasons when it refuses to grant leave - Any casual or summary disposal would not be proper.
Indian Penal Code,1860 - Section 498-A , Section 304 , The Hindu Marriage Act, 1955 - Section 5 , Section 11 , Section 16
Husband contracting second marriage during subsistence of first marriage - Marriage is not valid, but such a husband would came under purview of Sections 304-B and 498-A if he commits cruelty etc - He assumed status of husband and committed cruelty under the colour of status of husband.
The Dowry Prohibition Act,1961 - Section 2 , Section 4
Demand of dowry as a consideration for marriage is an offence - Marriage includes proposed marriage also - Do.
The Dowry Prohibition Act,1961 - Section 2 , Section 4
Meaning of Dowry - Demand made after the marriage is a part of dowry - Any money, property or valuable security given, as a consideration for marriage , 'before, at or after' the marriage would be covered by the expression 'dowry' - Mere demand is sufficient to constitute offence - Dowry does not include giving of traditional presents to the bride or the bridegroom by friends and relatives out of love and affection.
The Hindu Marriage Act, 1955 - Section 5 , Section 11 , Section 16
Validity of marriage - Where a man and woman have been proved to have lived together as husband and wife, the law will presume, until contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage - Where a marriage is accepted as valid by relations, friends and others for a long time it cannot be declared as invalid. AIR 1994 Supreme Court 135 relied.
Topic(s)-Demand of dowry , Meaning of Dowry , Validity of marriage
Important Decision(s)-
- Second marriage during subsistence of first marriage - Marriage is not valid, but such a husband would came under purview of Sections 304-B and 498-A if he commits cruelty etc.
- Meaning of Dowry - Any money, property or valuable security given, as a consideration for marriage , 'before, at or after' dowry.
- Dowry does not include giving of traditional presents to the bride or the bridegroom by friends and relatives out of love and affection.