Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Child is aged about 15 months - Custody of child thus, has to be given to mother - Respondent directed to handover custody of child to mother...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Parties entered into MOU settling all issues - No dispute with regard to custody of their minor daughter - Statutory period of 6 months waived...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Request declined on the first day of motion - Wife proceeding to Malaysia and it shall not be possible for her to return to India after six months - Wife may participate in proceedings either through video conferencing or through Whatsapp call - No interference..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife without informing husband borrowed money on interest from many persons, made purchases on credit, used to steal ornaments and valuable from her own house - When money was not paid, lenders who were gangsters, started threatening husband, who had to ultimately wind up his business and..........
Hindu Succession Act, 1956, Section 15(1) -- Property of female Hindu dying intestate - Father of defendants was not validly married to Hindu female and valid marriage between them not established, thus, father of defendant not entitled to succeed property of Hindu female, as in order to include within meaning of husband u/s 15(1)(a) of the Act, he must be legally wedded..........
Hindu Succession Act, 1956, Section 15(1), 16 -- Property of female Hindu dying intestate - Marriage between father of defendants and Hindu female not established - Defendants thus, were illegitimate sons of Hindu female with father of defendants, who will succeed property alongwith plaintiff who was born to Hindu female from her valid marriage...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Allegations and counter allegations which are made are not germane to award of maintenance for purpose of maintaining basic living of wife - Matter could not be taken up for evidence on account of COVID-19 pandemic condition - Award of amount of Rs.5000 pm as interim maintenance and also a sum of Rs.10,000..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition for restitution of conjugal rights - Wife sought transfer of petition from Visakhapatnam to Vijayanagaram - Husband is a resident of Visakhapatnam, whereas, wife has to go to Visakhapatnam all the way from Vijayanagaram leaving her children under care of her parents - Even..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
