Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Wife specifically stated that she was forced to have abortions on three occasions within a period of 5 years at the instance of husband - E-mails sent by husband admitting his behavior indicates that wife had suffered both mental and physical cruelty - Ground of cruelty on the part of husband..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Admittedly both the parties are fighting over several trivial issues and both are suffering from same kind of depression as suggested by psychologist - Parties are residing separately for more than 11 years, which has created an unbridgeable distance between the two - Since marriage has..........
Hindu Law -- Hindu Undivided Family - Karta - A Hindu Widow is not a coparcener in HUF of her husband and, therefore, cannot act as Karta of HUF after death of her husband - However, where Karta of family has died and there is no male coparcener surviving or where sole male coparcener is a minor, in such a situation HUF does not come to an end - Mother of said male..........
Hindu Law -- Hindu Undivided Family - Karta - Plaintiff/minor was the only surviving male coparcener after death of his father - Natural mother of plaintiff had played a submissive role in affairs of joint family and step mother of plaintiff had played an active and dominant role in managing said affairs - Such role of step mother was not opposed by natural mother and..........
Hindu Law -- Joint family property - Where second wife received the insurance money following death of her husband and same was used for purchase of suit property along with other funds which she had generated on her own, such amounts constitute the entitlement of all the legal heirs of deceased/husband though the same may have been received by second wife as nominee of..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties resolving dispute during pendency of Transfer petition filed by wife seeking transfer of divorce petition filed by husband - Husband agreed to pay Rs.12.50 lacs as alimony, maintenance for past and future or any other claim of wife - Wife suffering from breast cancer and in need of money for her..........
Hindu Law -- Karta - Junior members of family are bound by decisions of Karta in matters of family business and property unless it can be pleaded and proved that head of family has acted fraudulently or for immoral purposes...........
Hindu Law -- Co-parcenary property - Members of joint Hindu family have no definite share in coparcenary property, but he has an undivided interest in property which is always subject matter of enlargement by death and diminished by birth in family - Interest in coparcenary property accrues to son from the date of his birth and his interest is always equal to that of his..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift by Karta - Undivided Hindu co-parcenary property - Gift executed by Karta in respect of undivided share is void, as Karta had no right to execute any such gift or confer any proprietary right in respect of his wife in complete exclusion of his sons, who had birth right in property...........
