Hindu Adoptions and Maintenance Act, 1956, Section 5, 6, 11(iv) -- Adoption of son by female Hindu - Where age difference between adopted son and adoptive mother is less than 21 years, such adoption is void...........
Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........
Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Mere pendency of FIR and proceedings under Domestic Violence Act cannot be taken to mean that wife has acted with cruel attitude, as filing of such proceedings is the legal domain of wife and mere filing of such cases cannot constitute cruelty unless and until case is found to be false...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental disorder of wife - Husband alleges mental disorder of wife and found her in an unconscious condition at one point of time - However, husband never adduced any medical evidence to show that wife was suffering from any psychiatric disorder - Even husband failed in seeking declaration of his marriage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband alleged that his father-i, law used to demand huge amount from time to time and he already paid Rs.9 lacs to his father-i, law - However, plea of advancing huge amount to the tune of Rs.9 lacs by husband to his father-i, law without any surety or proof is an act which cannot be digested in..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion on the part of wife - No evidence of wilful desertion by wife constituting animus deserendi - Wife was treated with cruelty on account of demand of dowry - Filing of proceedings under Domestic Violence Act proved that she was maltreated and ousted from matrimonial house after giving severe beatings -..........
Hindu Law -- Partition - Property which fell to the share of father in partition between him and his sons was though ancestral, still it acquires the character of his separate or self acquired property when he did not beget any son or daughter to claim share by birth...........
Family Courts Act, 1984 -- Consent decree - In favour of real brothers son who had been serving him - Challenged by daughter - Daughter living separately with her husband - There is no bar to transfer rights in Joint Hindu Property in favour of close family friends with his free consent - Decree was passed before coming into force Act No.39 of 2005 - Daughter has no locus..........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption of son by husband - Without consent of wife - Plea of renunciation of relationship - Plea rejected, as renunciation is of world and not of a relationship - Admittedly, there is no decree which would show that relationship of husband and wife between adoptive father and his wife had ceased to exist - Moreover,..........
