Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law and to her minor children - Widowed daughter-in-law unable to maintain herself and is also unable to receive any maintenance from her parents - Daughter-in-law is unable to provide proper education to her children - Moreover, respondents have neither given to daughter-in-law..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband's claim that his privacy was affected due to presence of his in-laws is not sufficient to constitute cruelty under law...........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery - Desertion - Petition by husband - Petition filed against wife on the ground of voluntary sexual intercourse with a person other than her spouse and desertion - However, wife on other hand alleged that after two months of marriage, she discovered husband in a compromising position with his step..........
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...........
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...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is a continuing course of conduct and not a single act - Desertion is deemed complete when period prescribed in law expires, and a petition for remedy is filed on its ground - However, if deserter returns before expiry of prescribed period, desertion stands terminated...........
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 Succession Act, 1956, Section 8 -- Succession certificate - Issuance in favour of wife and mother - Both are class I heir - There is no such law that remarriage of wife would disqualify her interest, in property of her ex-husband - Succession certificate rightly issued in an equal manner for wife and mother of deceased...........
