Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - At the time of second motion there was consent of wife but wife remained absent for three dates thereafter - Held, there was compliance of S.13-B of the Act - Decree of divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Principles governing : (a) For a decree of divorce to be granted u/s 13-B of the Act consent of parties must be a continuous consent and must subsist till the date of decree; (b) Consent cannot be presumed by the court if one of the parties remain absent from the proceedings on one or more occasions; (c)..........
Service -- Compassionate appointment - Child born from second marriage during subsistence of first marriage - Child is legitimate as per S.16 of Hindu Marriage Act - Child cannot be excluded from seeking benefit of compassionate appointment. (Hindu Marriage Act, 1955, S.16)..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Declined by keeping in view the future of small girl child, who would be deprived of the love and affection of the mother - This observation is totally contrary to the provisions of the Act - Court is to grant divorce if consent given is free and is not the result of undue influence, coercion etc. -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order against daughter-in-law and her two minor children - Hindu Undivided Property - No order can be passed against minor as per the Act - Mother of children being daughter-in-law of senior citizen is equally entitled to residence in suit premises both under the Act as well as other..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Interim maintenance is awarded during the subsistence of the divorce suit - With the termination of proceedings, order of maintenance goes...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 30 -- Maintenance pendente lite - Order of maintenance passed u/s 24 of Hindu Marriage Act is executable as a money decree...........
Hindu Marriage Act, 1955, Section 11, 12, 24 -- Annulment of marriage - Striking off defence of husband - Non-payment of maintenance pendente lite - Defence of husband stands struck off because of no, payment of maintenance pendente lite and litigation expenses - There is thus, no evidence led by husband for purpose of seeking annulment of marriage - Judgment and decree..........
Hindu Marriage Act, 1955, Section 13, 5 -- Divorce - Marriage of Hindu husband with Christian wife - Marriage solemnized by following ceremonies practised by Hindus - Petition for divorce under Hindu Marriage Act is not maintainable - Petition under any provision of Hindu Marriage Act is maintainable only when marriage is solemnized between any two Hindus...........
