Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Couple has solemnized their second marriage and relations of both the sides have become miserably hostile to each other - Even conjugal relationship have ceased, both are apprehending threat to each other's life from other side - Fiduciary relations and mutual trust basics of wedlock..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ib), 12 -- Forced marriage - Divorce petition by husband - Plea of husband that he was compelled to marry at gun point - Not tenable as petition is filed u/ss 13(1)(i) & 13(1)(ib) and not under S.12 of the Act - Moreover, male child has been born out of the wedlock hence, allegation of forced marriage loses its relevance -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband is ready and willing for dissolution of his marriage with wife on the condition that she would not ask to pay amount towards permanent alimony or towards maintenance pendente lite - Wife on the other hand also stated that she would not claim either maintenance pendente lite, permanent alimony or..........
Hindu Succession Act, 1956, Section 8 -- Succession - If property has devolved upon heirs after coming in effect of Act, in accordance with S.8 of the Act, same is not ancestral property in the hands of recipients rather it is their individual property...........
Mohammedan law -- Fasid (Irregular) marriage - Marriage between Muslim man and Hindu Woman - Validity - Marriage of a Muslim man with an idolater or fire worshipper is neither a valid nor a void (batil) marriage, but is merely an irregular (fasid) marriage - Any child born out of such wedlock (Fasid marriage) is entitled to claim a share of his father's property...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Enhancement of - Enhanced maintenance can be claimed only from date of enhancement of income...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Two FIRs u/ss 498-A, 406 IPC lodged against husband by wife, which was later compromised - Husband launched proceedings u/s 9 of Hindu Marriage Act, but withdrew the same - Parties are living separately since 2011 - Husband alleges that marriage took place without dowry however, wife stated that draft..........
Hindu Succession Act, 1956, Section 6(as - - Partition - Right of daughter - Father (co-parcenar) died before commencement of Amendment in S.6 of the Act - On the date of death of father, co-parcenary consisted of father and his son - Notional partition between father and son is thus, required for passing an effective decree of partition in favour of daughter - Share of..........
