Hindu Marriage Act, 1955, Section 5 -- Marriage - Validity - Second marriage during subsistence of first marriage - Marriage is void - Even consent cannot validate such void marriage - It is only in respect of voidable grounds that consent or acquiescence of a party can sustain the marriage - However, the same is not the case with the grounds, which make the marriage..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar under law - Divorce petition - Marriage between parties had taken place according to Hindu rites and Saptapadi - Parties lived as husband and wife for more than 5 to 6 years - Defence of husband that earlier conversion of wife to Muslim religion, would bar the applicability of provisions of Hindu..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Only allegation that wife was of dull mind and never co-operated in cooking food - Not sufficient grounds for divorce - Mental disorder alleged has to be of such kind that it cannot be reasonably expected to live with spouse - Cruelty by wife not established - Petition filed by husband, dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife was driven out of matrimonial home after birth of female child - Held, even if wife left matrimonial home it shall not amount to desertion because she did not do so without reasonable cause - Husband failed to prove desertion - Divorce not granted...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground of marriage by deceit and force at the point of pistol - No criminal complaint lodged - No pleading or evidence that family members of husband were not present during marriage or that guests during marriage ceremony were extremely limited or that it were the relatives of wife alone who were..........
Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 6 - - Father would become unfit to be guardian of minor if he ceased to be Hindu or had completely renounced the world & not otherwise - Mental or physical disablement of father as a natural guardian may be criterion for not handling over the custody of minor child but such a..........
Joint Family Property -- Joint Family Property and Coparcenary property - Distinction - A coparcenary property which is to be inherited from common ancestors is that each and every coparcener has joint interest and joint possession therein - Joint Hindu Family property can be managed by a karta, who has same powers which can be exercised by a manager - He is supposed to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife filing criminal complaint against her husband & in laws alleging dowry harassment - No evidence to prove that complaint was false - It will not be taken as proof of cruelty or harassment on her part - Petition filed by husband dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Mere admission by wife that she made an attempt to commit suicide and was saved by her parents, itself will not be enough to come to conclusion that she was guilty of committing cruelty on her husband - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband seeking divorce on ground that his wife became suspicious and was giving sexual tortures - But, what was the nature of suspicion and in what aspects wife suspected him, was not stated either in petition or in his proof affidavit - There were only bald statements without necessary particulars & proof..........
