Hindu Succession Act, 1956, Section 14(1) -- Pre-existing right - Hindu female not holding any valid possession over subject property - Opening of fiscal proceedings would not confer a right of acquisition by either of devise as referred to u/s 14(1) Explanation of the Act - Moreover, mere possession would not confer pre-existing right of possession over subject property..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is working as teacher in a private reputed school - Claim of wife for grant of maintenance pendente lite already considered in application filed by her u/s 24 of Hindu Marriage Act - Maintenance rightly denied to wife...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties solemnized in 1983 but no child was born of said wedlock - Wife was residing away from husband and he is paying maintenance to wife since 1992 - Said fact is not rebutted by wife - It is also proved on record that wife had deserted husband for continuous..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Partition suit - Plaintiff was adopted 40-50 years back to one `M' - Suit properties already held to be self acquired properties of defendant no.1 - In such event, right to succeed to said property accrues to his children only on his death - Defendant no.1 died in the year 2010 - Adoption set up by..........
Hindu Law -- Reversioners are heirs of last full owner, who would be entitled to succeed to estate of such owner on death of a widow or other limited heir, if they be then living...........
Hindu Law -- Widow's estate - Prior to Hindu Succession Act and Hindu Law Women's Right to Properties Act (State Act) - Succession opened on the death of husband in 1907 - State Act was not in force at that time - Estate which was inherited by wife was that of a widow - She therefore, not acquired absolute rights, as such right which she had was right of Hindu widow under..........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Period of limitation for filing suit for recovery of possession would commence upon death of widow...........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Property alienated by Hindu Widow in favour of her brother in 1913 - Undoubtedly it was open to reversioner to proceed on the basis that such alienation does not bind her - Widow died in 1938 - Time started tickling with passing..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Order that there shall be set off regarding the amount of maintenance received by wife under any other provision of law - No interference warranted in the impugned order...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - When husband fails to tender appropriate evidence, then wife not having tendered evidence cannot be held against her...........
