Hindu Joint Family Property -- Agreement to sell executed by Karta - Validity - Karta of Joint Hindu Family has right to sell property for legal necessity - Once Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on ground that property is a joint Hindu Family Property, particularly, when agreement to sell and payment of..........
Hindu Succession Act, 1956, Section 26 -- Succession - Hindu converting to other religion - Not disqualified to claim the property u/s 26 of the Act - Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired - Renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Factum of living separately from husband neither disputed by wife nor she gave any explanation for the same - Wife not able to make good her case of "constructive desertion" since not even a single question was put to husband in this behalf - Evidence on record proves that wife left..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marital discord - Parties living separately since 2011 - 23 civil and criminal cases pending in between the parties - Parties finally resolved their entire dispute - All civil and criminal litigation in between parties put to an end - Waiting period of six months waived - Marriage dissolved by passing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mutual cruelty - Wife alleges adultery against husband and vice versa - Neither of them able to prove it - It is thus, a case of mutual cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where husband and wife indulge in mutual bickering leading to remonstration and therefrom to stage where they target each other mentally, insistence by one to retain matrimonial bond would be a relevant factor to decide on issue of cruelty, for the obvious reason that intention of said..........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
Hindu Law -- Joint family property - Three brothers purchased suit property with their own independent income - Mere fact that anyone of the brothers might have constructed a residential house therein is insufficient to uphold any community of interest or jointness...........
Hindu Marriage Act, 1955, Section 12(c), 14 -- Annulment of marriage - Petition by wife - Contention of husband that wife filed petition u/s 12(c) of the Act only to avoid statutory bar u/s 14 of the Act - Contention rejected, as it is the right of party to seek annulment of marriage u/s 12(c) of the Act, by establishing that consent for marriage was obtained by playing..........
Hindu Marriage Act, 1955, Section 12(c) -- Annulment of marriage - Petition by wife - Consent of wife obtained by husband by using fiduciary relationship as a Godman and trapped wife by false representations and poisoning her mind and creating fear of morality and illegality in maintaining her relationship with PW2 - Said fact is corroborated by testimonies of PWs -..........
