Marriage -- Protection to life and liberty of couple - Boy aged 25 years and girl aged 17 years 3 months - Marriage in violation of S.5(iii) of Hindu Marriage Act - Threat to life and liberty of couple - Issue involved is not validity of marriage but protection of life and liberty - Mere fact that petitioners are not of marriageable age would not deprive them of their..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Proof - Contradictory statements of PW2 (mother) and PW3 (wife) and also contradictory statement of PW3 recorded earlier in mutation proceedings to establish marriage with one `S' - Moreover there is no other evidence other than self serving statements of PW2 & PW3 which are not sufficient to establish marriage of PW3..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of children - Suit for declaration and permanent injunction - Documents on record specifically birth certificates establish the fact that plaintiffs are sons of deceased - Defendants on the other hand have not produced any evidence to show that these documents are forged, fabricated or procured documents - Evidence on..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce - Earlier divorce petition dismissed in default - Does not operate as res judicata...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband and wife are not residing together for more than 20 years - In spite of decree for restitution of conjugal rights, wife has not started cohabitation with husband, rather wife herself has kept away from company of husband for more than 20 years - Decree of divorce rightly granted in favour of..........
Hindu Law -- Joint family property - Plaintiff alleges that property in dispute was purchased with sale consideration derived from sale of ancestral Joint Hindu Family Property - However, plaintiff has not lead sufficient evidence to prove the same - Even sale deed through which father of plaintiff purchased suit property has not been produced - It is not known as in how..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife started living separately from husband from 2007 onwards - She did not take any effort to join husband and restore matrimonial relationship at any point in time in two years period prior to filing divorce petition - Two completed years of separated life by wife itself is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband was drunkard and abused and assaulted wife as per her testimony - He was not keen to look after his wife and child - Testimony of wife is credible - Divorce rightly granted to wife...........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Wife was having 67-1/2 sovereigns of gold ornaments at the time of marriage - Husband contended that he did not know quantity of gold ornaments his wife had - To plead ignorance regarding gold ornaments which was very much kept in the house of husband cannot be believed - Testimony of wife coupled with..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite to wife and child - Husband is employed but he did not choose to produce any material to prove his income - Family Court rightly directed grant of past and future maintenance at Rs.2500/- for wife and Rs.1000/- to child every month...........
