Showing : 11-20 of 282 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7, 8-- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Whenever a matrimonial petition is filed in civil Court in a city where Family Court is established then civil Court should return the plaint and should avoid unnecessary wastage of time, money and energy..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7, 8-- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Maintenance granted by civil court in a city where Family Court is established - Objection to jurisdiction not raised in trial Court but was raised in the first and second appellate Court - Held, decision..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19-- Scope - Essential ingredients for applicability of the Act are : (i) Claimant must be a person aggrieved i.e. a woman who is or has been in a domestic relationship; (ii) Domestic relationship should be between 2 individuals who live or have lived in a shared household, related by blood, marriage..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2)-- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 102-- Burden of proof - Adoption - Burden of proof heavily lies on the person who sets up case of adoption which makes departure from natural course and incidents of succession...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16-- Adoption - Mere creation of document in support of prior adoption cannot be substitute of actual evidence of giving and taking with regard to adoption...........
ORISSA HIGH COURT
Year of decision: 2018
Details
Partition suit-- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Mental and physical cruelty - Petition by wife - Forcible sexual intercourse - Act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon other spouse and result for unbearable pain to extent that one is forced to stay away is certainly a ground to..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8-- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death of..........

Showing : 11-20 of 282 Results