Hindu Marriage Act, 1955, Section 13B, Hindu Succession Act, 1956 - - Divorce by mutual consent - Right of minor in property of her father - Held, right of minor under Hindu Succession Act cannot be curtailed by mother or father even by way of compromise...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction as to lien of minor over ancestral property - No material to show that issue as regards lien of minor over property of her father was the subject matter of adjudication before trial Court - No issue as regards to lien of minor over property in question was formulated by trial Court - Trial Court..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 17 -- Custody of children - Children British citizens by birth brought in India by their mother - Mother initiated matrimonial proceedings in India but making no efforts to obtain interim order for custody of children - Father on the other hand obtained interim order of custody..........
Hindu Succession Act, 1956, Section 15(1)(b) - - Female Hindu dying intestate - Inheritance - Step son of female Hindu falls in the category of heir of husband and is entitled to succeed to her property in the absence of any other legal heirs...........
Release deed -- A document under which a Hindu coparcener purports to give up his right to family property in favour of remaining coparcener would not be a deed of conveyance but a deed of release - But where he executes the document in respect of his share in favour of a particular co-owner, it cannot be treated as a release and must come within the definition of..........
Hindu Succession Act, 1956, Section 6, 8 -- Coparcenary property - Inheritance - Conflict in decisions of Supreme Court - Matter referred to larger bench...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - An application for pendente lite maintenance can be filed in any proceedings under the Act (Ss.9 to 13) - However, any application made after disposal of main petition has no independent existence - Application for maintenance pendente lite has to be decided before deciding main petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife reluctant to do any household work and was not cooking food for plaintiff and child, which necessitated bringing of food from outside - Does not amount to mental cruelty as wife was working lady and could not spare enough time to do household activities...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife used to abuse husband as `Dhobi' and son as `Dhobi's son' - It does not amount to mental cruelty as such scolding is the common reaction to discipline him and it denotes lack of culture on part of wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife filed a case u/s 498-A IPC against husband and same was withdrawn by wife and she continued to live with husband - Does not amount to mental cruelty as aberration on part of wife has been condoned by husband by resuming cohabitation and they continued to live together till the date of alleged..........
