Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Provision does not use the word "maintenance" - But word "support" can be interpreted to mean providing maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order for maintenance pendente lite or for costs of proceedings is conditional on the circumstance that wife or husband who makes a claim for the same has no independent income sufficient for her or his support or to meet the necessary expenses of proceeding...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - It is always dependent upon factual situation - Court should, therefore, mould the claim for maintenance determining quantum based on various factors brought before Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - High Court has jurisdiction to hear second appeal only on substantial question of law framed u/s 100(5) CPC - Since no substantial question of law was framed by High Court on the applicability of S.15(2) of Hindu Succession Act and in the absence of any pleading, issue..........
Hindu Succession Act, 1956, Section 15(2)(a) -- Property inherited by female from her father by virtue of Will - Suit properties by female accrued on her death in 1987 - Category of heirs to which plaintiffs belonged was not included in Class-I list in Schedule in 1987, but it was included in first time in 2005 - Plaintiffs had no right on the strength of..........
Hindu Law -- Self acquired property of father - Sale of property by father - Suit for possession after death of father - Not maintainable...........
Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........
Hindu Law -- Partition - Disposition of property received in partition by father before Maharashtra Amendment of 1994 to S.6 of Hindu Succession Act - Property received by father after partition in 1978 amounts to his separate property and he has absolute right to deal with such property, as coparcenary nature of property has ceased to continue upon partition of properties..........
Hindu Succession Act, 1956, Section 14 -- Property given to a female in lieu of her maintenance, which is in her possession on the date of coming into force of the Act, matures into full ownership by virtue of S.14(1) of the Act...........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
