Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife in her written statement as also in Court statement levelled some allegations of her husband having illicit relations with his sister-in-law as well as with one `T' - However, such allegations were not proved by any oral or documentary evidence - Wife herself admitted that she has..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is engaged in computer repairing work - Whereas, wife is not working anywhere - Husband is willing to give a flat worth Rs.5 lacs to wife in lieu of permanent alimony but she is not willing to take it - Having regard to facts and circumstances of case, socio economic status of parties and cost of present..........
Hindu Marriage Act, 1955, Section 14 -- Divorce - Petition for divorce filed within two months of marriage - Neither separate prayer for grant of leave u/s 14 of the Act was made nor other party raised any objection on that ground - Petition was contested on merits and evidence was led - Objection not raised until the commencement of final arguments - Parties residing..........
Guardians and Wards Act, 1890, Section 25, 7 -- Custody of child - Claimed by mother - Child is aged about 3.5 years and in custody of father for the last more than one year - Parties had agreed in petition filed u/s 13-B of Hindu Marriage Act that custody of minor son would remain with father and mother of child would not claim custody or meeting rights even in future -..........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Relinquishment of right in immovable property has to be by a registered document, except relinquishment of joint Hindu family property...........
Hindu Succession Act, 1956, Section 8 -- Succession - Property inherited u/s 8 of Hindu Succession Act is a separate property of all legal heirs - It does not have ancestral character - In view of S.19 of Hindu Succession Act, property is inherited as tenants in common and not as joint tenants...........
Oral Relinquishment deed -- Separate property - Property which is allegedly relinquished in the year 1988 was held by plaintiff by virtue of inheritance by operation of S.6 proviso r/w S.8 and S.19 of Hindu Succession Act, said property was held by her as her separate property which could be relinquished orally...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Dowry articles in the hands of deceased were her personal self acquired property and had not been inherited - Property of Hindu female who dies intestate will devolve firstly upon husband/heirs of husband and then upon her own parents - Since, deceased had not left behind any child,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Any conduct which causes mental or physical harassment, disturbance, discomfort amounting to a general lack of well being and stability in marriage may amount to an act of cruelty...........
