Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Right of widow to be maintained although does not create a charge on the property of her husband but certainly widow can enforce her right by moving Court and for passing a decree for maintenance by creating a charge...........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Right of widow - Pleading and proof - Unless the factum of bequeathing property in favour of widow and her continuous possession are disputed, question of pleading and proof does not arise...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife suffering from Hepatitis B which is a communicable disease by sexual access - Held, Hepatitis B is not a ground which is available under the scheme of Hindu Marriage Act, as a ground of divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refusal to make statement at second motion - Adverse inference or an inference of consent cannot be drawn against a party who refuses to make a statement at the second motion...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refracting from consent at the second motion - Restitution of amount received - Held, a party receiving an amount for mutually agreeing to bring marriage to an end is liable to restitute the amount so received in case that party refracts from mutual consent - A duty is cast upon Court, seized of such a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Isolated incidents over a period of years, may not amount to cruelty and married life is to be reviewed as a whole - Ill conduct must persist for fairly lengthy period and relationship should have deteriorated to an extent that either party finds it extremely difficult to live with the other party any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - It is a state of mind and feeling with one of the spouses due to behavior or behavioral pattern by other - Concept of cruelty varies from time to time, place to place and from individual to individual in its application according to socio-economic status, economic conditions and various other..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Merely because wife failed to substantiate allegations with regard to relationship of husband with another woman, that does not amount to mental cruelty to husband and would not entitle husband to a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty by wife - Allegation of harassment and using insulting words by wife towards husband and other family members - However, husband failed to mention date and month of said incidents, which deprived the wife proper opportunity to controvert these allegations though she denied the same in unequivocal terms..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that parties lived separately for a period of more than two years before institution of proceedings - Plea of desertion is no longer available to husband for grant of decree of divorce - Even otherwise, there is nothing on record suggestive of fact that wife ever intended to..........
