Hindu Law -- Self acquired property - Share taken by son after death of his father becomes separate property of son...........
Hindu Law -- Self acquired property - Father got his share of property in a partition from among his brothers - It is not coparcenary property, but is a separate property and if that becomes his separate property, property under Item.3 purchased from income derived from property which he got in partition, also becomes separate property - Said property is thus, not governed..........
Hindu Succession Act, 1956, Section 8 -- Self acquired property - Hindu male dying intestate - Plaintiffs and defendants being daughters and sons of deceased entitled to take equal shares u/s 8 of the Act - Defendants failed to prove Will as asserted by them, thus parties entitled to equal share of property irrespective of their date of marriages...........
Hindu Succession Act, 1956, Section 15, 25 -- Succession - Hindu female dying intestate - Bar contained u/s 25 of the Act - Husband of deceased acquitted by trial Court of committing murder of wife - He being legal heir of deceased is entitled to get her property and shall not be disqualified from inheriting property of deceased in view of bar contained in S.25 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife stated that on account of dowry demand she has no option but to leave matrimonial home - However, there is direct conflict in testimony of wife and her father concerning dowry demands as it is admitted that issue of dowry raised by wife after husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of illicit relationship levelled by wife in written statement - Wife failed to prove any illicit relationship between husband and his widowed sister-i, law - It amounts to cruelty - Award of decree of judicial separation set aside and marriage between parties..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife deserted husband without any reasonable cause and without consent of husband - Wife cross-examined husband at length but nothing incriminating came on record against husband - Wife not led any evidence to rebut evidence led by husband - Ground of desertion proved on record -..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1)(ib) -- Res judicata - Divorce proceedings - Non-consideration of orders passed u/s 125 Cr.P.C. in divorce proceedings - Any observation in orders passed u/s 125 Cr.P.C, cannot be said to be res judicata in present proceedings, as grounds of divorce is not in issue in said orders passed u/s 125..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 13 -- Divorce - Wife seeking pendente lite maintenance u/s. 24 of HMA - Maintenance already granted u/s.125 Cr.P.C. - Effect - Maintenance granted u/s.24 of HMA would supersede maintenance granted u/s.125 Cr.P.C...........
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb) -- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before proceeding to pass a decree of..........
