Hindu Marriage Act, 1955, Section 27 -- Disposal of property - Jurisdiction - Matrimonial Courts has jurisdiction to dispose of matrimonial property, without taking recourse to file separate civil suit, provided it was presented at or about time of marriage...........
Civil Procedure Code, 1908, Order 6, Rule 10, Hindu Marriage Act, 1955, Section 27 -- Disposal of Stridhana - Return of plaint - Want of jurisdiction - Application filed by i, laws stating their intention to return stridhana articles of their daughter-in-law - U/S 27 of 1955, Act matrimonial Courts has jurisdiction to decide the dispute regarding matrimonial property -..........
Mohammedan Law -- Marriage - More than a civil contract - Nikah amongst Muslims is in the nature of a contract or solemn pact between persons of two opposite sexes, soliciting each other's consent for company, making it a lawful contract...........
Mohammedan Law -- Matrimonial contract - Basic tenets - (a) Proposal of marriage Ijab (b) Acceptance of marriage proposal i.e. Qubul (c) Mere intention or promise to marry would not amount to a proper offer or acceptance of marriage (d) Ijab and Qubul are required to be made in presence and hearing of witnesses (e) Witnesses must be Muslims and competent to contract their..........
Mohammedan Law -- Marriage - Nikahnama - Though practice of preparing Nikahnama has gained ground but under Muslim Law but there is no requirement to reduce marriage contract to writing and an oral marriage is also considered as a valid marriage...........
Mohammedan Law -- Marriage - Presumption of relationship of husband and wife - (a) Where there is prolonged and continual cohabitation as husband and wife or (b) Fact of acknowledgement by man of paternity of child born to a woman or (c) Fact of acknowledgement by man of woman as his wife...........
Mohammedan law -- Restitution of conjugal rights - Parties have not stayed together and there is no consummation of marriage - Even if Nikahnama is signed by respondent and photographs showing some kind of a wedding between parties is not proof of Nikah when no witness has been called upon to prove Nikah which is one of the essential attribute of Muslim marriage - Thus if..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Calling of names and hurling of abuses such as `Hathi', `Mota Hathi' and `Mota Elephant' by wife in respect of her husband even if he was overweight, is bound to strike at his self respect and self esteem and that amounts to cruelty, particularly when such taunts were not made jokingly or out of love and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty committed by wife upon husband was condoned by husband - However, wife revived such cruelty by committing such offence again - Said acts of cruelty though condoned but it gives a cause of action upon revival - Husband, held, entitled to seek dissolution of marriage on the earlier condoned offence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Non-production of doctor - Husband suffered injury on his private parts on account of assault allegedly made by wife - However, husband failed to prove the same by producing a doctor - Held, nature and manner of injury, must have put the husband to great deal of embarrassment and therefore, his..........
