Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Finding that conduct of wife and behaviour was not such which would amount to cruelty - Thereafter Court cannot turn around and record a contrary finding that singular act of wife in levelling allegations in written statement against husband amounts to cruelty...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Husband has to leave India for his job purpose and once he goes, it would not be possible for him to return back in a year or two and thus wife will not only suffer mental agony but would also be not able to remarry - Wife received final compensation of Rs.15 lakhs..........
Family Courts Act, 1984, Section 9(1) -- Settlement - It is not mandatory on the part of Family Court to insist the parties to undergo counseling in cases of joint petitions for dissolution of marriages filed either u/s 13-B of Hindu Marriage Act or u/s 10-A of Divorce Act - However, insistence of statutory waiting period and subsequent ascertainment of attitude of parties..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce, in favour of husband, set aside by High Court - Appeal by husband - Wife accepted Rs.5 lakhs as permanent alimony and thereafter not present from which it is clear that wife is not interested to prosecute the matter - Husband remarried a decade ago after decree of divorce was granted by..........
Hindu Adoptions and Maintenance Act, 1956, Section 10, 11 -- Adoption - Validity - Adoptee was 21 years of age at the time of adoption - No proof of custom to adopt a child above 15 years of age - Factum of adoption not established by conclusive evidence - Adopter father/defendant no.1, specifically denied the adoption - Adoption, held, not proved - Adoptee, thus, not..........
Hindu Law -- Ancestral property - Partition - Separate mess - A division in mess does not constitute a division of all properties and there is no such presumption in law for such an inference...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
Hindu Law -- Ancestral property - Release deed - Release operates on the same footing as a gift of ancestral property and void in law - If it is brought in challenge by a person who is not made a party to release, he is entitled to obtain a declaration that release is void...........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Visitation rights - Settlement arrived at between parties regarding visitation rights of father - Though same has binding effect on both the parties but child's wishes are of key concern and Court always gives primacy to child - Visitation rights cannot bind the children so as to force them to meet their father..........
