Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Non-appearance of wife after initial consent - Does not amount to consent for decree of divorce as consent must continue till decree and consent to subsist when case is heard...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement in between parties during pendency of appeal - Terms of settlement found lawful - Ex parte divorce decree already granted and wife will no longer assail the same as she has accepted the said dissolution of marriage - Appeal disposed of in terms of settlement agreement - Settlement agreement shall be read as part..........
Hindu Law -- Joint Family Property - Partition suit - Registered partition deed executed between parties in the year 2001 - However, plaintiff contended that said partition deed is contrary to interest of plaintiffs and same is obtained by fraud - There is no specific assertion as to materials regarding fraud other than nearly stating that mother of plaintiffs is unknown..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Grant of maintenance u/s 25 of the Act when marriage between parties has been declared null and void by trial Court, cannot be maintained in the eye of law - Order granting maintenance set aside...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife has not filed any application u/s 25 of the Act - Grant of maintenance by lower appellate Court while dismissing appeals filed by wife affirming decree of trial Court declaring marriage as null and void is vitiated by manifest error of law and set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Illegitimate relationship of wife with two persons - Husband alleged that there were two eye witnesses to the illegitimate relationship of wife - However, husband has not chosen to examine any one of them - Even the letters written to wife by one `J' is not placed on record - Except the pleading..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife deserted husband because husband got remarried with one lady - She was thus, residing away from husband due to reasonable cause - Plea of husband that he has taken customary divorce from wife not accepted, as there is no evidence to prove said custom - Allegations were made against wife by husband..........
Hindu Succession Act, 1956, Section 6 -- Proviso (1) - Alienation of co-parcenary property - In violation of Court order - Person who alienates properties in violation of Court order, cannot be permitted to take advantage of alienation by taking shelter u/s 6(1) Proviso of the Act...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit filed in the year 1995 - Amended S.6 of the Act is retrospective in operation - Daughter thus, had a right over properties and had a cause of action to claim share in the properties...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
