Will -- Probate - Rights of executor or legatee - Probate is essential for assertion of rights accruing through a Will executed by a Hindu, Buddhist, Sikh or Jain provided Will is executed within the territories of erstwhile Governor of Bengal, Madras and Bombay High Court, even though properties are situated outside such territories - Probate is also necessary if Will is..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Divorce petition filed by husband - Transfer of petition - Wife lodged FIR u/ss 406, 498-A IPC and initiated proceedings under Domestic Violence Act and u/s 125 Cr.P.C. against husband at Jalandhar - Thereafter husband filed petition u/s 13 Hindu Marriage Act at Ludhiana - Wife having no..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Fraud - Concealment of previous two marriages of wife - Husband contended that wife not disclosed at the time of negotiation before or at the time of solemnization of marriage about her earlier marriages - Concealment of earlier marriage or divorce would provide a ground to husband to seek annulment of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed u/s 13 of the Act can be converted into one u/s 13-B of the Act on the joint request of the parties - Marriage between parties has reached the stage of irretrievable break down - Compromise arrived at between parties - Marriage thus, dissolved by mutual consent with immediate effect in..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 26, Rule 9 -- Divorce - Issuance of commission for recording evidence - Wife unable to afford fees of commissioner directed to be paid equally by parties - Plea of wife that she was awarded interim maintenance of Rs.2,500/- p.m. only and besides herself, was supporting a school going son and had..........
Consent decree -- Family settlement - Challenge to decree - Plea of self acquired property - In a Joint Hindu Family, self-acquired property once put in common hotch-potch, it gets blended with the Joint Hindu Family and therefore, the family settlement even with regard to the property which was self-acquired is permissible...........
Hindu Law -- Mitakshara Law - Benaras school of Mitakshara Law covers practically the whole of North India - Punjab is an exception as here Mitakshara Law is modified considerably by custom on certain points - Whole matter has to be viewed keeping in mind customary Hindu Law prevailing in State of Punjab during relevant period of time...........
Hindu Law -- Benaras School of Mitakshara Law as modified by custom is to be applied in the State of Punjab at the relevant time - Alienation of property by way of gift by mother in favour of three daughters - Alienation made in 1951 in which all the three daughters were given equal shares in property by mother by relinquishing her share in property, was permissible under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Mental cruelty - Wife suffering from schizophrenia - Doctor examined wife, unable to depose in Court due to illness - Medical report admissible u/s 32 of Evidence Act - Medical report reveals that due to her mental illness, she is not able to cohabit with her husband which caused mental..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Petition by husband on grounds of cruelty and desertion - Continuous pleading of wife with husband to get himself transferred and stay with her, does not constitute matrimonial cruelty - Wife stayed with husband only for 10 days after marriage and shifted to Pondicherry due to health ailments as she could..........
