Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouse would be entitled for maintenance pendente lite, if he/she has no independent income sufficient for her or his support - Potential earning capacity is not equivalent to independent income - It cannot be taken into consideration as said view is beyond the scope of S.24 of Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere fact that wife is educated is no ground to decline her maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband doing job in Multinational Company - Income tax returns of husband for assessment year 2014-15 shows his income as Rs.6,34,400 - Husband failed to prove that wife is having sufficient means to maintain herself - Maintenance awarded by trial Court @ Rs.10,000 p.m to wife held, proper - However,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Natural guardians of adoptee did not sign the adoption deed as executant's thereof but appended their signatures thereto as attesting witnesses - This is merely a technicality and adoption deed duly registered could not be declared invalid, particularly when other persons also signed the..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Suit for declaration that adoption deed in question is void, illegal and inoperative in law - Adoption deed is duly registered - A declaratory decree regarding validity of adoption was already taken by adoptee in his favour and adopting father had admitted factum of adoption - Concurrent findings of trial..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife/husband who suffered a decree of nullity is entitled to maintenance/permanent alimony u/s 25 of Act, as phrase `any decree' enumerated in S.25 of Act includes even decree of nullity u/s 12 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........
Hindu Widow's Re-marriage Act, 1856, Section 2, Hindu Succession Act, 1956, Section 14 -- Remarriage of widow - Succession of property of deceased husband - Widow after her remarriage divested of any right, interest and title in property of her deceased husband in view of S.2 of 1856 Act - Since widow had no subsisting interest or estate in the property of her husband,..........
Hindu Widow's Re-marriage Act, 1856, Section 2, Hindu Succession Act, 1956, Section 14 -- Remarriage of widow - Succession of property of deceased husband - Widow remarried within three years from the date of death of her husband and their daughters were also married - No documentary evidence of widow's long continued possession much less possession under any semblance of..........
Hindu Law -- Co-parcenary property - Release deed - Validity - Where in the release deed share itself is released for the benefit of all other members of Joint Hindu Family and would have no claim or any other right in properties of Joint Hindu Family, said release deed is valid...........
