Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself deserted wife by taking her from matrimonial home to her parental home - Divorce petition filed by husband only after filing of a petition for restitution of conjugal rights by wife - Husband thus, not entitled to decree of divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Application as referred to in S.25 of the Act, implies an application either in writing or oral for prayer of permanent alimony and maintenance - Mode and form of application u/s 25 of the Act for claiming permanent alimony is immaterial - What is essential is material before Court to decide the same...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - After passing of decree of divorce by mutual consent - Wife narrated the financial status of husband in her affidavit before Court and she prayed to keep open issue of permanent alimony for its consideration later on - Trial Court could have granted opportunity of hearing to both the parties on the issue of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is not earning and she is legally wedded wife of husband - Husband is earning Rs.6000 p.m and it is moral and social responsibility of husband to give maintenance to his wife as per his capacity - Maintenance rightly awarded to wife...........
Protection to life and liberty -- Boy and girl both are major but boy is not of marriageable age as envisaged u/s 5(iii) of Hindu Marriage Act - However, merely because boy is not of marriageable age does not mean that he can be deprived of his fundamental rights as guaranteed by Constitution - Commissioner of police concerned directed to decide representation moved by..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent can be withdrawn at any point of time by any of parties...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife unilaterally withdrew consent when matter came for second motion after expiry of cooling period of 6 months - Petition for divorce by mutual consent, rejected...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - If a daughter is alive on the date of enforcement of Amendment Act, she becomes a coparcenar w.e.f. date of Amendment Act irrespective of date of birth earlier in point of time...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth in view of Vaneeta Sharma's case...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
