Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere allegation made by husband that wife had threatened to lodge false criminal case involving allegations of character assassination of his father and also involving false allegation of illicit relationship between husband and his sister, no such allegation appears to have been..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Mere fact that widow daughter-in-law was living separately that too with her parents, may not be circumstance as may disentitle her to claim maintenance from her father-in-law in entirety...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - It is not mandatory that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Father-in-law is 70 years old and is himself dependent on his sons - However, he has agricultural holding in his name - Daughter-in-law has not remarried and is living with her parents - She is thus, entitled to claim maintenance from her father-in-law by..........
Evidence Act, 1872, Section 112 -- DNA Test - Paternity of child disputed by father - Petitioner/father who filed the application for DNA test, could not make out any strong case in his favour - Order rejecting application is proper...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - There is no iota of proof on record to show that father had entrusted the stridhan of his daughter to appellants which allegedly was illegally kept by them - Nothing on record to substantiate that appellants converted the stridhan..........
Custody of child -- Claimed by mother - Children are in custody of father and almost every member in the family of father is occupied in business - There is only grandmother of children who is in the house for whole day - However, in the family of mother, she is always at home and she stays with her parents and there are other relatives in the family - Both the parties are..........
Allotment of plot -- Death of allottee - Father/Original allottee had properly applied for plot and was satisfying all the prerequisite conditions for allotment which was followed by actual draw of lots and issuance of allotment letter though after his passing away - However, demise of allottee would not negate the right which stood vested in his son/appellant being his..........
Custody of child -- Claimed by mother - Father of child died in road accident - Child is in custody of his grandparents/respondents - He is a minor child aged about one and a half years - Mother is natural guardian of minor child according to S.6 of Hindu Minority and Guardianship Act - Respondent who is grandfather of child is aged about 61 years, is class 8th passed and..........
