Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Stipulation of a period of two years being a minimum mandatory period u/s 10-A of the Act is arbitrary and oppressive and that said two year period has to be read as one year taking into account the one year period as stipulated in similar legislations i.e S.28 of Special Marriage Act, S.13-B of Hindu Marriage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Compelling a spouse to forsake his parents is held cruelty particularly in the context of Indian Joint Family values...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is earning Rs.46,941 p.m and is employed as a Government teacher - Whereas husband is earning Rs.35,000 p.m and is employed as an Accountant at District Cooperative Bank - Wife has responsibility of looking after their son, who is approximately 12 years old - She currently receives Rs.1,000 for her personal..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed to be cruelty for grant of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Not even a single incident with reference to specific date of alleged cruelty has been urged in the plaint - Alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in day to day conjugal life of a husband and wife to retaliate other..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife deserted husband - However, no specific date of desertion was mentioned by husband which clearly suggests that in order to get advantage in divorce case, said false allegation of desertion was alleged against wife - Husband has not filed any petition for..........
Hindu Succession Act, 1956, Section 29, 8 -- Failure of Heirs - In the event of a competent Court of law declaring a testament of a Hindu to be invalid and in the absence of any heirs u/s 8 of the Act then, S.29 of the Act would apply as it would be a case of failure of heirs - In such an event, property would devolve on Government and Government shall take the property..........
Hindu Succession Act, 1956, Section 29 -- Failure of Heirs - Probate of Will of testator was firstly declined by Single Judge but was later granted by Division Bench of High Court - Therefore, there is a pronouncement on validity of Will of testator by a competent Court of law - In the circumstances, legatees under Will would be persons who would succeed to property -..........
