Showing : 1-10 of 58 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 26-- Custody of two minor children - Claim by wife - Parties are livings separately since 2015 - Children are in care and custody of father - Love and affection of both the parties is necessary for upbringing of children - Impugned order of dismissing application of wife for custody of children set..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984-- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition filed in Family Court...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 21-- Maintenance to major unmarried daughter - Admittedly, daughter is major and still taking education and is unable to sustain herself out of her own earnings and property - Ss.20, 21 of Act of 1956 r/w S.26 of Act of 1955 clearly stipulates that, a Hindu is bound, during his or her life time, to..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 26-- Succession - Hindu converting to other religion - Not disqualified to claim the property u/s 26 of the Act - Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired - Renouncing a particular religion and to get converted is a matter of choice and cannot..........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 26, Constitution of India, 1950, Article 226-- Custody of minor child - Application pending before family Court u/s 26 of HMA, 1955 - Writ of habeas corpus by father - When application is pending before family Court, any issue raised in the proceedings is to be decided by such Court in accordance with law - However, there is no occasion for..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 26-- Custody of Child - Welfare of child is paramount and seminal - It is inconceivable to ignore its importance and treat it as secondary - Interest of child in all circumstances remains vital and Court has very affirmative role in that regard - Having regard to nature of interest of child, role of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 24, 26-- Maintenance pendente lite - Assessment of income - Income tax returns - Cannot be treated to be the basis for coming to conclude that husband is not earning enough to pay the maintenance...........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Minority and Guardianship Act, 1956, Section 6, Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 7-- Custody of child to mother - Visitation rights given to father - Mother disobeyed said order and does not allow father to take child along with him - Prima facie Contempt of Court is made out against mother - However, no coercive steps are taken against mother - Direction issued to mother to allow..........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 26-- Custody of child - Visitation rights - Claimed by father - Divorce between parties - Child lived happily with father for three years - Custody of female child entrusted to mother after father got remarried - During said three years, child never complained anything to mother concerning father's..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 24, 26-- Maintenance pendente lite - Claim by wife and her daughter - Husband employed in the company of his brother and getting a salary of Rs.5,500 p.m - However, considering the enterprise run by brother of husband and the relationship of husband with proprietor of said concern, it is doubtful that..........

Showing : 1-10 of 58 Results