Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - During pendency of appeal against grant of decree of divorce on ground of cruelty parties praying for dissolution of marriage by mutual consent - Divorce by mutual consent can be granted by appellate court...........
Hindu Marriage Act, 1955, Section 24, 13 -- Divorce petition filed by husband at Ludhiana - Wife living in Canada - Wife claiming traveling expenses on the plea that she was not in a position to bear these expenses - Application of wife rejected - Held, wife has not claimed maintenance allowance u/s 24 of the Act which would show that she was having sufficient income to..........
Hindu Marriage Act, 1955, Section 13B, 20 -- Divorce by mutual consent - Provision of S.20 of the Act as to no collusion between the parties is not applicable to a petition filed u/s 13-B of the Act - Provision of S.13-B of the At permits that joint petition can be filed by mutual consent...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit for partition of Joint Hindu Family property - Death of sole plaintiff - Right to sue survives - Legal representative of deceased plaintiff is entitled to continue the suit...........
Hindu Law -- Joint Hindu Family Property - Partition - Suit for partition during life time of father/karta is not maintainable...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint Hindu Family Property - Sale by Karta - If property is sold by Karta, no injunction can be granted and only course open is to challenge the alienation on the ground of act of bad management. 2003(3) Civil Court Cases 578 followed...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife performing Puja Archna in a temple for general public - Husband insisted on appropriating the offerings of the temple - Husband also burnt wooden bridge connecting road to temple where wife used to perform puja/rituals - Husband responsible for having electricity and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Temperamental nature of a spouse by itself is not sufficient to establish cruelty in the absence of any specific instances from which it could be inferred that this temperamental flaw was so disturbing that it would constitute cruelty towards the other spouse...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Both factum of physical separation and animus deserendi i.e. intention to end cohabitation, must be proved to establish desertion...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act from Faridabad to Ludhiana where wife resides with her parents - It will be difficult for the wife to defend the petition at Faridabad - Held, convenience of wife has to be preferred in such case - Case transferred to Court at Ludhiana...........
