Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Joint Hindu Family -- Suit property was not joint Hindu Family coparcenary property - Nothing on record to even remotely suggest that property was coparcenary property in the hands of plaintiffs - Suit for declaration that plaintiffs are owners in joint possession rightly dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 24, 27 -- Award of Rs.50,00,000 as permanent maintenance and a sum of Rs.40,000/- per month as maintenance - Appeal thereagainst - Appellate Court passed a conditional order to stay operation of trial Courts order subject to payment of Rs.22,000/- p.m. as maintenance - Merely because salary of husband stands..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife admitted that she tried to commit suicide which would amount to mental cruelty caused to husband - Husband has proved that there is reasonable excuse for him to withdraw from society of wife on the ground that she has tried to commit suicide and there are defamatory posters..........
Hindu Law -- Ancestral property - Once property had been received by way of testamentary succession and not by way of inheritance, suit property could not be said to be ancestral/joint Hindu Family coparcenary property...........
Hindu Law -- Ancestral property - Ancestral character of a property has to be proved by leading cogent evidence and said issue cannot be decided on basis of presumptions...........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Hindu law -- Joint Family property - Members of a branch, or of a sub-branch, can form a distinct and separate corporate unit within larger corporate family and hold property as such - Such property will be joint family property of members of branch inter se, but will be separate property of that branch in relation to larger family...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for the last 12 years - Multiple failed attempts at reconciliation, indicate that there is no possibility of reunion - Marriage between parties dissolved by granting decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife made aspersions to husband towards his physical infirmity and passed comments regarding the same - It amounts to mental cruelty leading to draw an inference against wife that she treated her husband with cruelty owing to his physical deformity - Divorce granted...........
