Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income tax returns are inconclusive in determining award of maintenance in matrimonial proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Divorce petition filed in India by wife - Husband living in U.K. and having adequate income from business - Held, Family Court rightly held that wife entitled to monthly maintenance of Rs.75,000/-...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Ground of cruelty needs to be proved with reference to specific acts and omissions - Mere fact that one of the spouses is living separately cannot by itself constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Solitary instance of filing a complaint u/s 498-A IPC by wife, by itself cannot be treated as an act of cruelty notwithstanding the acquittal of accused therein...........
Hindu Law -- Coparcenary property - Sale - Not supported by family necessity - Sale set aside - Legal heirs shall have the right of recovery of properties from respective purchasers through a decree for recovery of possession on condition that sale consideration is deposited by legal heirs for credit of the respective purchasers - Interest for consideration is set off by..........
Hindu Law -- Coparcenary property - Sale - Family necessities - If sale could be supported for necessity which could include a discharge of a debt which was antecedent to sale, burden of proof of proving such necessities would be squarely on purchaser - Purchaser is required to prove that he made enquiries and found that at relevant time, manager had contracted a debt and..........
Hindu Law -- Coparcenary property - Right of a sole surviving coparcener will immediately be curtailed on date of birth of a male and property held by him will immediately become liable for fluctuation and treated as a coparcenary of father along with his son...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib), (iii) -- Divorce - Ground of cruelty, desertion and mental disorder of wife - Divorce petition filed after 20 years of marriage - No specific acts in relation to harassment and cruelty by wife pleaded - No where it was mentioned that wife left the house of husband and deserted him - Husband also failed to prove that wife..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent - Duty of Court - Held, it is not for Court to probe into bona fides or reasonableness of withdrawal of consent - Once consent is withdrawn then only option available to Court is to close the matter at that stage...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent - Held, at the stage when enquiry is to be held u/s.13B(2) a free consent of both parties is required - If consent is withdrawn by either of them then Court will have no jurisdiction to entertain petition or pass decree of divorce on mutual consent...........
