Hindu Marriage Act, 1955, Section 26, Constitution of India, 1950, Article 226 -- Custody of minor child - Application pending before family Court u/s 26 of HMA, 1955 - Writ of habeas corpus by father - When application is pending before family Court, any issue raised in the proceedings is to be decided by such Court in accordance with law - However, there is no occasion..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false complaint against husband by wife - Wife filed a criminal case against husband making allegation of demand of dowry and performance of second marriage - However, second marriage of husband not proved and criminal complaint alleging commission of cruelty and demand of dowry also..........
Hindu Succession Act, 1956, Section 14(2) -- Will - Husband executed a Will in favour of his wife of his self acquired property by giving her life interest - Such life interest neither enlarged nor ripened into an absolute interest in the suit house and remained a life interest i.e restricted estate till the death of wife u/s 14(2) of the Act - Case of wife falls u/s 14(2)..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 25 -- Custody of child given to mother with visitation rights to father - Validity - Serious allegations were made against mother by father - However, since father not appeared rather no evidence led by him before trial Court, there being no rebuttal to evidence led by mother,..........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - One of the requirements that parties are residing separately for at least a period of one year preceding the institution of petition - In the instant case it stands established that at the time of first motion parties were not living separately for one year - At the time of second..........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - Wife alleging statement in Court neither voluntary nor out of her free will and desire rather the same was a result of coercion, undue influence, threat and pressure exerted on her - Statement given in Court not voluntary - Decree of divorce by mutual consent set aside...........
Hindu Marriage Act, 1955, Section 23 -- A wrongdoer should not be permitted to take advantage of his or her own wrong - It is not only responsibility but a duty is cast on Court to satisfy itself that requirements of law in the Act are fully met and safeguards provided u/s 23 of the Act are duly observed - Terms on which emphasis has been laid upon are connivance,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Application to be disposed of within 60 days of the date of service of notice on the opposite party...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Format of affidavit and documents to be attached therewith enumerated - Affidavit of assets, income and expenditure to be filed by both the parties, personal income relating to the deponent, Relevant information relating to the spouse, relevant information relating to the children, Statement of income,..........
