Hindu Marriage Act, 1955, Section 13, 13B -- Divorce by mutual consent - Parties arrived at settlement during pendency of transfer petition - Husband to pay to wife Rs.12 lacs - Wife will have no claim whatsoever on account of maintenance, past, present or future and will have no right in property, self acquired, ancestral, joint or HUF of the husband or his parents - All..........
Civil Procedure Code, 1908, Order 2, Rule 4 -- Joinder of cause of action - Leave of Court - Provision of O.2.R.4 CPC has no application to suit for partition of ancestral property - It applies only to suit for recovery of immovable property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
Hindu Law -- Partition of joint family property claimed by a Christina lady and her daughter - Marriage of a Christian lady with a Hindu male - No evidence that Christian lady has followed all Hindu customs and rites after her marriage or she was converted to Hindu before marriage - Thus, she failed to prove that she is the legally wedded wife of the deceased Hindu - She..........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of share of wife in the ancestral property - Not a dowry demand...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Punjab Customs (Power to Contest) Amendment Act, 1973, Section 7 -- Punjab Custom(Power to Contest) Act, 1920 - Alienation of property by male holder - Challenge as to - In State of Punjab, there is complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of heir to such property on the ground that such alienation or..........
Ancestral Property -- Property of Grand father in the hand of father - Not ancestral qua grandsons. 1986 SC 1753 relied...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint by legal heirs/representative - By way of amendment plea raised that property in the hands of `A' was ancestral qua his grandsons as the same was inherited by `A' from his father - Amendment sought in Regular Second Appeal - Original plaintiff had knowledge of this facts - Had not taken up the plea -..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
