Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Marriage dispute - Petition for transfer from Mumbai to Delhi - Compromise - Parties to file a formal application u/s 13-B of Hindu Marriage Act before Supreme Court on realisation of amount of five crores as agreed between parties - Marriage petition pending in Court at Mumbai shall stand..........
Hindu law -- Co-parcenary property - Once the property has been divided and transferred in the individual names of the members, the co-parcenary cease to exists...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Dying declaration - Murder of wife by husband - Gunshot injury - Deceased stated that `Inhone Mujhe Mar Diya' - Word `Inhone' points to her husband, as Hindu ladies do not refer their husband by names, they devised an easiest expression to refer them as `inhone' - Deceased..........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Where a family court is established in any area, no district Court or any subordinate civil Court referred to in S.7(1) shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature..........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Whenever a matrimonial petition is filed in civil Court in a city where Family Court is established then civil Court should return the plaint and should avoid unnecessary wastage of time, money and energy of litigants...........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Maintenance granted by civil court in a city where Family Court is established - Objection to jurisdiction not raised in trial Court but was raised in the first and second appellate Court - Held, decision render by civil court is nullity...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance of widowed daughter-in-law - Father-in-law is duty bound to maintain daughter-in-law from any coparcenary property in his possession - Widowed daughter-in-law has no pre-existing right of maintenance in the self acquired property of father-in-law...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months waiting period - Parties living separately for last many years - There is no cohabitation between parties as such and there is no relationship of husband and wife between them - There is thus, no possibility of rapprochement of parties and marriage has broken beyond repair - Statutory..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Presumption of consent for divorce cannot be attributed to wife as consent needs to continue till the date of decree of divorce by mutual consent - Court is under statutory obligation to hear the parties to ascertain their..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Appeal thereagainst - Death of husband during pendency of appeal - Right to sue survives in favour of wife and against legal representatives of deceased husband and appeal is thus maintainable...........
