Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(2) -- Maintenance - Provision of S.125 Cr.P.C. is neither inconsistent nor controlled by provisions of Hindu Adoption and Maintenance Act - It has to be construed having regard to phraseology used in the provision itself...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Maintenance pendente lite - Subsequent application seeking enhancement of alimony in separate proceedings owing to changed circumstances - Application under changed circumstances is not hit by res judicata - Maintenance pendente lite enhanced from Rs.5,000/- to Rs.8,000/-...........
Hindu Succession Act, 1956, Section 15 -- Succession - Female Hindu dying intestate - Property devolves as per S.16 of the Act i.e. firstly upon sons and daughters (including the children of any predeceased son or daughter) and husband - However, widow of pre-deceased son is not entitled to any share...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Wife granted custody by way of an interim order - Husband permitted to visit child at periodical intervals - Withdrawal of suit by wife - Visitation rights of husband cannot be taken away by withdrawal of suit by wife...........
Conversion -- Hindu Marriage Act or Hindu Adoptions and Maintenance Act does not provide any procedure for conversion or reconversion in a particular manner - It is for person who alleges conversion to establish that he converted into Hindu religion from Muslim religion...........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Can be sought on ground of force or fraud within one year from the date of force ceased or fraud discovered...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 10 -- Adoption - Validity - No registered deed of adoption on record to presume the so called adoption in question - Neither any customary usage is proved to claim that respondent is adopted - More so, respondent is major and having completed 15th year, by which adoption is not valid otherwise - Adoption, held, not..........
Hindu Marriage Act, 1955, Section 2, 5 -- Void marriage - Respondent/husband a Muslim, unwillingly and only to marry petitioner/wife a Hindu, converted from Muslim Religion to Hinduism and not even lived as Hindu - There is no valid conversion from Muslim religion to Hindu Religion - Once there is no valid and voluntary conversion and its recognition as a Hindu of..........
Hindu Succession Act, 1956, Section 14(1) -- Devolution of interest - Will executed in favour of daughters by testator giving them life interest and after their death property goes to his grandsons making them absolute owners of suit property - Only a possessory right of residence during their lifetimes were given to daughters and intention of testator was to make his..........
Hindu Marriage Act, 1955, Section 28, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree passed under Hindu Marriage Act - Application U.O.9.R.13 CPC to set aside ex parte decree is maintainable - A party aggrieved by an ex parte judgment and decree may either file an application U.O.9.R.13 CPC or an appeal...........
