Ancestral property -- Tribal woman or her legal heirs - Neither any particular law of a community nor custom brought into application by either side - Unless otherwise prescribed in law, denying female heir a right in the property only exacerbates gender division and discrimination, which law should ensure to weed out - In the absence of custom of female succession or a..........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Customs Act, 1962, Section 14 -- Custom duty - Encashment of bank guarantees offered as security cannot be treated as payment of customs duty...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of first marriage - Dissolution of marriage - When marriage has been consummated by custom of Hindu Saptpadi, then it cannot be divorced by a Rajinama/Panchnama...........
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 2(2) -- Tribal woman - Applicability of the Act - Partition suit - There is no whisper about custom or practice in the community in which parties are living - In absence of any such proof, trial Court rightly concluded that parties to suit are to be construed as Hindus for the purpose of application of the Act and granted relief of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife went to her parental home in pursuit of some custom but when husband went to take her back she refused on the ground that she was not happy with marriage - No evidence on record that wife was subjected to torture for demand of dowry as alleged by wife - Wife deserted husband..........
Custody of child -- Writ of Habeas corpus by father - Foreign Court of USA passed orders for return of child to USA, as child is an US citizen and his parents are holders of permanent US Resident Cards - Child was living and studying in USA till the year 2020 and was brought to India by her mother - Welfare of child would only support order for return of child to his..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 2(2), 13 -- Rejection of divorce petition on the ground of maintainability - Marriage between parties was solemnized in Arya Samaj Temple and not according to customs and usage of Scheduled Tribe - Husband did not disclose any custom or usage which confers right upon him against maintainability..........
Customs Act, 1962, Section 130, 111(b), 111(f), 125, 87 -- Appeal before High Court - Maintainability - Payment of custom duty - Issue is related to whether Exemption u/s.87 of the Act is allowable or not if the vessel AE is a foreign going vessel - With respect to such an issue, against the order passed by CESTAT, appeal would be maintainable...........
