Hindu Succession Act, 1956, Section 2 -- Applicability of Act - Religion not pleaded in plaint - Hindu Succession Act not applicable, as merely because particular name suggests to be Hindu, inference cannot be drawn that person follows Hindu religion...........
Hindu Law -- Sale for legal necessity - Recitals in sale deed are relevant : (i) When due to efflux of time independent evidence is not available (ii) When evidence on inquiry about legal necessity is lost due to delay in action (iii) If there is evidence of reasonable belief of purchaser...........
Hindu Law -- Sale for legal necessity - Recovery of possession - A Hindu widow sold suit property as she was unable to cultivate land personally and land was not giving sufficient income - More so, she wanted to repay the loan and to use the remaining money for family expenses and maintenance - Legal necessity proved - Plaintiff not entitled to relief - Suit dismissed...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Interim custody - Pendency of divorce petition - Custody of child granted to mother with visitation rights to father, till application u/s 26 of the Act is decided by Court below - Welfare of child is a paramount consideration - Postponement of custody of child on the ground of pendency of divorce petition is not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself admitted that he left the house of wife and children in the year 2002 and since then he has been living separately in a rented quarter - Desertion is therefore, by husband, not by wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that attitude of wife towards husband is hostile, as he could not fulfill her demand for luxuries - However, husband failed to give any specific instance of demand of luxury by wife - As regrading allegation that wife did not willfully allow husband to perform sexual..........
Hindu Marriage Act, 1955, Section 13, Indian Penal Code, 1860, Section 497, Evidence Act, 1872, Section 3, 103 -- Divorce - On ground of adultery - Proof of - Law does not postulate direct proof of adultery rather circumstantial evidence which would lead a reasonable and just man to the conclusion of adultery is sufficient...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Divorce on ground of adultery - Impleadment of adulterer - Is necessary to allow him an opportunity to defend himself against the allegations levelled and to vindicate himself - But if the adulterer has already been examined as a witness giving him sufficient opportunity to extenuate..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere saying that wife was an ill-tempered and greedy lady or she became angry off and on, cannot be considered as instance of cruelty - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Extra marital relationship by wife - Some quotations noted in diary cannot be a basis to hold that wife was adulterous - More so, there is no evidence on record to prove that wife had any extra marital relation with respondent No.2 or any other person as alleged by husband - Ground of adultery not proved -..........
