Showing : 1081-1090 of 3317 Results

GUJARAT HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Waiver of six months waiting period - Parties are residing separately for more than 7 years - Customary divorce already executed between parties - Urgency pleaded by wife that she intends to remarry and her would be husband resides abroad requiring her to complete her..........
DELHI HIGH COURT
Year of decision: 2015
Details
Hindu Succession Act, 1956, Section 6(as- - Eldest female co-parcener of HUF - Karta - S.6 of Act gives equal rights of inheritance to Hindu males and females - Eldest female co-parcener is thus entitled to be a karta of HUF - Father's right in HUF did not dissipate but was inherited by eldest female, nor did her marriage alter the right..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - To constitute cruelty, there must be such willful treatment of party which caused suffering in body or mind either as an actual fact or by way of apprehension in such a manner as to render continued living together of spouses harmful or injurious...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Application for divorce by mutual consent remains dormant for a period of 6 months from the date of notice - If both parties remain consensual regarding divorce they move the Court under sub-sec.(2) - Parties cannot do so later than 18 months after the presentation of..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty by husband - Wife specifically stated that she was forced to have abortions on three occasions within a period of 5 years at the instance of husband - E-mails sent by husband admitting his behavior indicates that wife had suffered both mental and physical cruelty - Ground of..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B, 23-- Divorce by mutual consent - At the time of second motion, Court embarks on an enquiry to be satisfied about the particulars, viz. (a) Was the marriage solemnized between the parties; (b) Were the parties living separately for more than one year before the presentation of the petition; (c) Were..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty by husband - Admittedly both the parties are fighting over several trivial issues and both are suffering from same kind of depression as suggested by psychologist - Parties are residing separately for more than 11 years, which has created an unbridgeable distance between the two..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Courts have to be satisfied about mutual consent between parties on basis of tangible material which demonstrably disclose such consent - However, if decree is obtained by fraud which is an intrinsic, collateral act, indeed vitiates the most solemn proceedings of Courts..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 5-- Marriage - Long co-habitation - Where there is overwhelming evidence on record to prove long cohabitation between parties presumption is in favour of legitimacy of such marriage - Once long cohabitation as husband and wife is proved then burden shifts to one who asserts that there was no marriage..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Fraud or misrepresentation - Recall of decree - Mere allegation of fraud or misrepresentation not sufficient unless established by tangible evidence on record in support thereof - Decree cannot be recalled on the mere premise that parties were not living separately...........

Showing : 1081-1090 of 3317 Results