Hindu Marriage Act, 1955, Section 13, Evidence Act, 1872, Section 3 -- Divorce - In a matrimonial dispute, where documentary evidence hardly surfaces, rival versions have to be weighted in the context of conduct of a reasonable person...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threatening to commit suicide by wife by way of SMS - It is an act of cruelty - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband proved the following acts of cruelty committed by wife against him viz: (i) threatening to cut wrist by wife, uttering that this would ensure that her husband and her i, laws are sent to jail ; (ii) threatening to commit suicide by way of SMS; (iii) Conduct of wife before Magistrate in..........
Hindu Succession Act, 1956, Section 6(4) -- Devaluation of interest in coparcenary property - Liability of son, grandson or great-grandson to pay debt arising out of his father, grandfather or great-grandfather on his death stands discharged...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9, 10(iv) -- Adoption - Proof of - Admittedly, son was born in the year 1940 - However, 1st defendant in his written statement said that adoption took place in 1960 - Therefore, he was nearly 20 years old i.e beyond 15 years on the date of adoption - Even, there is nothing on record to show that custom or usage in..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife filed petition u/s 13(1)(ia) of the Act - Family Court by exercising jurisdiction u/s 13-B of the Act cannot grant decree of divorce by mutual consent and more so when conditions mentioned in S.13-B of the Act are not satisfied...........
Hindu Marriage Act, 1955, Section 5 -- Marital status - Long cohabitation between parties - School records of children of plaintiff/wife and voter list shows that deceased married plaintiff as his third wife - Moreover, plaintiff cohabiting with deceased from long time - They have been recognized as husband and wife by society - Thus, plaintiff acquired status of third..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Husband living in Dubai and earning in Dirham - Expenses required by husband as per cost of living for his stay in Dubai thus, need to be deducted...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Determination of - Approach of Family Court is causal in assessing the income and expenditure of spouses - Peculiar facts of case not considered by Family Court while assessing income of husband - Even income of wife not assessed by Family Court - Impugned order of Family Court awarding..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - None of parties appeared and period of 18 months elapsed since its filing - Petition cannot be dismissed on the ground that it has become meaningless as period of 18 months from its filing has expired - However, if petition or consent is not withdrawn, within period of 18 months, Court is obliged to..........
