Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........
Joint Hindu Family -- Family settlement - Once there is partition/division pursuant to a family settlement which is acknowledged in a judgment and decree then Joint Hindu Family comes to an end...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of said petition from Kathua to Jammu, as place where petition is filed by husband is about 80 kms away from her residence - Moreover, wife has two small children and she has no source of income - Wife also has an old mother and that she is suffering from..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Not barred by constructive res judicata when in the first application wife had claimed only litigation expenses...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Applicability of constructive res judicata - In the earlier application wife demanded only litigation expense and there was no demand for interim maintenance - Demand of interim maintenance for herself and for child in the second application - Plea..........
Hindu Marriage Act, 1955, Section 13(i)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she is not interested in leading conjugal life with husband in collateral proceedings relating to guardianship of child, cannot be used to prove cruelty in the present case - Since, record discloses that wife not participated in proceedings, an opportunity to put..........
Hindu Law -- Joint Family Property - Heirs were part of joint family - No evidence led by objectionists that disputed property was not joint family Property - No interference warranted in order of revisional authority...........
Hindu Law -- Joint family property - If family was joint headed by a Karta and land revenue was also being paid in respect to land acquired in the name of certain individual members of joint family from joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint family fund otherwise property acquired would..........
Hindu Law -- Joint family property - Revenue entries - Merely on basis of changes in subsequent Revenue record, it cannot be said that joint tenancy came to an end, particularly when nothing on record to show that there was a partition or family settlement...........
