Joint Hindu Family property -- Suit for declaration that plaintiff is owner of suit land to the extent of 3/10th share - Plaintiff failed to lead reliable evidence that suit property is coparcenary property - He has not examined any elder member of family or villager - There is no evidence that grandfather of plaintiff had ever thrown self acquired property in common..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ordinary wear and tear of day to day marital life does not amount to cruelty - For constituting mental cruelty, it has to be proved that because of such cruelty, it has become difficult for spouse to live together...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegation of issuance of threat by wife as to falsely implicating husband and his family members in a criminal case - However, wife never lodged any criminal complaint in a police station against husband or his family members - Ground of cruelty not proved...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Instances of cruelty neither pleaded nor proved - In the entire plaint, there is no statement that because of indifferent and quarrelsome behaviour of wife, it has become impossible for husband to live marital life - Ground of cruelty not proved...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife left his company for about 5 years back and has never tried to return to her marital house to join company of husband - However, ingredients of animus deserendi on the part of wife are not proved - Rather it was husband who failed to bring her back to marital..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Marriage between parties has irretrievably broken - Parties decided to part their ways amicably - Opportunity to live their lives in the manner they like, including remarriage, cannot be denied - Statutory period of 6 months waived...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte maintenance order passed u/s 24 of Hindu Marriage Act in proceedings u/s 9 of Hindu Marriage Act - Application to set aside order proceeding ex parte - Held, O.9.R.7 CPC do not apply for interference with the final order passed in proceeding u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 9, Rule 7 -- Petition u/s 9 of Hindu Marriage Act - Respondent/husband proceeded ex parte - Application U.O.9.R.7 to set aside order proceeding ex parte - Application u/s 9 of Hindu Marriage Act should be tried in the presence of both the parties - Husband had already filed reply to petition and issues..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child below 5 years - Jurisdiction - Even though a minor below five years may not be in physical custody/residing with mother, but her/his custody would be deemed to be at a place where the mother is residing...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child below 5 years - Ordinary lies with the mother...........
