Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Existence of a ceremonious/customary marriage is a sine qua non to maintain a claim u/s 16 of the Act...........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - When man and woman live as husband and wife for a long time, their marriage between them could be presumed and children born to them are not illegitimate...........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
Will -- Suspicious circumstance - Exclusion of natural heirs - Mere exclusion of natural heirs from any benefit is not of such suspicious circumstances as to create legitimate doubts on the genuineness of Will...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Service -- Doctrine of legitimate expectation does not have any role to play in matters that are strictly governed by service regulations...........
Hindu Marriage Act, 1955, Section 16 -- Retiral benefits - Children of void marriage - To be treated as legitimate for the purpose of succession to estate of their father...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Petition by wife - If husband is an able bodied man, he cannot project the plea that he has no means to pay - It is necessary for any husband to earn by legitimate means and maintain wife and children if any - Maintenance rightly awarded to wife...........
