Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Suspicious nature of wife towards husband - Husband alleges that his wife quarreling with him on trivial issues and pressuring him not to keep any female staff in his office - However, from last 5-6 years husband not employed any female employee in his office - Setting for cause of mental cruelty as..........
Hindu Succession Act, 1956, Section 15, 25 -- Succession - Hindu female dying intestate - Bar contained u/s 25 of the Act - Husband of deceased acquitted by trial Court of committing murder of wife - He being legal heir of deceased is entitled to get her property and shall not be disqualified from inheriting property of deceased in view of bar contained in S.25 of the Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - Self acquired property of a female - Hindu Female is competent to execute gift of her self-acquired property - No case of fraud is proved - However, gift deed is not executed in accordance with S.123 of the Act, as it is not attested by two witnesses - Gift deed held, void...........
Transfer of Property Act, 1882, Section 123, Hindu Succession Act, 1956, Section 15 -- Gift deed - Challenge as to - Self acquired property of a female - After death of Hindu Female in 1980, property would be succeeded by her husband only in absence of son or daughter as per S.15 of 1956 Act and after death of husband in 1984, property would go upon heirs of husband which..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Petition for restitution of conjugal rights filed by husband at place `J' - Wife currently staying with her parents at place `A' - She cannot bear expenses to travel from place`A' to `J' - Wife is pardanasheen lady and she does not have any independent source of income - It will cause her..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 19 -- Maintenance - Total salary of husband is taken to be 3 lakhs p.a - Keeping in view the fact that cost of living is increasing as well as requirement of minor female child who is looked after by wife, interest of justice would be met, if Rs.15,000 p.m is awarded to wife as maintenance inclusive of..........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Hindu male died intestate leaving behind a female heir specified in Class-I of Schedule of the Act and there existed a Hindu Undivided Family (HUF) - Consequently, in view of S.6 of the Act on death of Hindu male there was deemed to have taken place a partition in family with such shares falling to parties..........
Hindu Succession Act, 1956, Section 15(1) -- Succession - Female Hindu died intestate leaving property inherited by her from her paternal side - Held, such property will devolve exclusively in her children and not in her husband - Only if she has died issueless, then, in that case, such property will devolve, as per S.15(1) of Succession Act, which includes, not only her..........
Service -- Compassionate appointment - Compassionate appointment is governed by bipartite Agreement - Agreement specifically gives option to female dependent either to accept monetary compensation or employment - No option is reserved to employer, but an option is given to employee - Request for employment by appellant, as rejected by employer is thus, erroneous - However,..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite for herself and for child - Since both husband and wife are educated and earning independently as such wife is not entitled to maintenance pendente lite - Since wife is undertaking welfare of female minor child who resides with her, as such, wife is entitled to some amount for shouldering said responsibility..........
