Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Marriage Act, 1955, Section 9, Order 23, Rule 1, 4 -- Matrimonial dispute - Cause of action can arises again and again, even if dispute is settled and compromised and case is withdrawn - When a dispute crops up again at any subsequent stage on account of differences between the parties to the matrimony, that would be a separate cause of action, on which party..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Permissibility - Selling of property in question is very much necessary for welfare of two minor daughters and continuation of their studies in School, particularly after death of their father - Mother produced bills to establish that she is paying tuition fees to the tune of..........
Service -- Reservation - OBC category - Appellants belonged to Hindu Nadar Community which is included in OBC category vide Circular 21.11.2009 - Names of appellants appeared in rank list published in 2015 - Claim of appellants was that vacancies arising after date of Circular were required to be filled up from amongst candidates belonging to Hindu Nadar community on..........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3) -- Adoption under Act of 1956 - Applicability of JJ Act - Child adopted directly from biological parents - Biological mother of child is real sister of adopted mother - Child is neither an orphaned nor surrendered nor in conflict in law -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56 -- Adoption - JJ Act along with Adoptions Regulation 2017 will not apply to children adopted directly from biological parents under Hindu Adoptions and Maintenance Act, 1956...........
Passport Act, 1967, Section 6 -- Issuance of passport to minor child - Child was adopted under Hindu Adoptions and Maintenance Act, 1956 - Passport authorities cannot go into validity of adoption of a minor child at the time of issuance of passport, as Officer could decline a passport only for reasons set out in S.6 of the Act...........
Hindu Marriage Act, 1955, Section 14(1) -- Divorce petition - Permission to file joint petition for divorce within one year of marriage - Parties lived together as husband and wife only for few hours - Parties did not have any physical relations - All attempts for mediation failed and their relationship irretrievably broken down - It satisfies the test of exceptional..........
Hindu Adoptions and Maintenance Act, 1956, Section 9 -- Adoption - Biological/natural father of minor died - Mother of child solemnized second marriage with petitioner - Petitioner wants to adopt minor, as minor is living along with her mother and petitioner and she appears to be well taken care of - Mother of child is only surviving parent of minor - It is thus, open to..........
