Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Acquittal of husband in a criminal case filed by wife - Case filed by wife cannot be called as a false case, as such, acquittal of husband not a ground of cruelty for husband to get divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no stretch of imagination can be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
Hindu Succession Act, 1956 -- Right to inheritance - Conversion to Islam - A Hindu Convert does not lose right to inherit property under the Act, as change of religion and loss of caste have long ceased to be grounds of forfeiture of property, as per S.1 of Caste Disabilities Removal Act - Only disqualification to inheritance on the ground that person has ceased to be..........
Hindu Succession Act, 1956, Section 26 -- Disqualification to inheritance - Conversion to other religion - S.26 of the Act does not disqualify a convert - It only disqualifies the descendants of convert who are born to convert after such conversion from inheriting the property of any of their Hindu relatives...........
Mutation -- Revenue entry - For the purpose of getting the name of applicant entered in the record of rights, all that was necessary to be indicated that she was one of class-I heirs - It was not necessary to quash or set aside the earlier entry in the name of other heirs or declare that applicant is married to a Muslim and embracing Islam by renouncing her Hindu religion...........
Hindu Succession Act, 1956, Section 29 -- Escheat - It is a doctrine which recognizes the State as a paramount sovereign in whom property would vest only upon a clear and established case of a failure of heirs...........
Hindu Succession Act, 1956, Section 29 -- Escheat - Where a founder or his line of heirs is extinct and properties escheat to State, State which receives a dedicated property is subject to trust and cannot treat it in the manner of a secular property...........
Limitation Act, 1963, Article 60, Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Limitation - Sale of property of minor by his mother for his benefit - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation and hit by Art.60 of the Act - Suit dismissed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Financial status of husband and wife can be taken note only for fixation of quantum of maintenance - It is not a criteria for matching financial status of wife or husband...........
