Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Factor of mother being not financially independent, cannot be criteria for determining issue of custody of children...........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by mother - Girl child is around 11-1/2 years old while boy is aged about 8 years - They both are school going and confident and groomed well - Children do not prefer one of parent over other - Father of children is in Army and he took away..........
Hindu Succession Act, 1956, Section 14(1) -- Will - Bequeath of restricted estate - To claim benefit of S.14(1) of the Act to claim absolute right, it has to be pleaded that property was bequeathed to her in lieu of pre-existing right - Without such pleading, claim of absolute right to property u/s 14(1) of the Act is not available...........
Hindu Succession Act, 1956, Section 6, 4 -- Partition suit - Right of married daughters - Plaintiffs were claiming their father's share in suit properties and were not claiming as co-parcenars - There was no severance of status between father of plaintiffs and father of defendants - Plea of custom as alleged by defendant which prevents married daughters from claiming share..........
Hindu Law -- Joint Hindu Family - Merely because business is joint would not raise presumption that there is a joint Hindu Family...........
Hindu Law -- Joint Family Property - Burden to prove - Burden lies upon person alleging existence of joint family to prove that property belongs to joint Hindu family unless there is material on record to show that property is nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. (Evidence Act, 1872, S.102)...........
Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relevant consideration for award of interim maintenance is inability of spouse to maintain himself or herself for want of independent income or inadequacy of income to maintain at the level of social status of other spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband has handsome earning and reasonably good financial position - He concealed material facts from Court while disclosing his annual income - Wife on the other hand has responsibility to maintain herself and two minor children with no adequate source of income of her own - Considering income of husband..........
