Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7(1)(c) -- Rejection of plaint - Jurisdiction of Family Court - Suit for declaration between parties to marriage - Husband seeks declaration that property is his property - Wife stated that property was purchased for her benefit - Subject matter of suit arose out of marital relationship of..........
Family Courts Act, 1984, Section 7(1) -- Jurisdiction of Family Court - Cancellation of settlement deed - Property in question alleged to be purchased by husband in the name of wife - Merely because a subsequent settlement has been done by wife, right of respondent to impel a cause before Family Court is not extinguished particularly in view of S.7(1) Explanation of the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Property jointly purchased by husband and wife - Mere fact that wife had leased out a portion of flat to third parties and denies share in the lease amount, would not amount to cruelty towards husband - Divorce petition rightly rejected...........
Joint family property -- Court may presume u/s 114 Evidence Act the existence of fact that property purchased by husband in the name of wife who is homemaker and does not have independent source of income, is property of family...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband is serving in Army as Lieutenant Colonel having salary of Rs.1.98 lakh p.m - He is making payment towards home loan and car loan and also purchased property for purpose of development - Husband cannot be permitted to deflect from his responsibility towards his wife and children..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Husband succeeded in proving that on the date when he purchased property, amount was separately withdrawn from his account, which was utilized for purchasing property - Contention of wife that her gold ornaments were sold by husband for purchasing property is not correct - Claim of gold ornaments rightly..........
Succession Act, 1925, Section 33, 35, 45, 48 -- Intestate succession - Husband and wife jointly purchased suit property - Each of them therefore, hold equal share in entire property - Wife died leaving behind her husband and sister/kindred - There are no lineal descendants - Since husband has already half share in property and he being husband succeeded half share of his..........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
