Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Deliberate and false allegation of demand of dowry and torture levelled by wife against husband and his parents who were acquitted in proceedings u/s 498-A IPC initiated by wife - Held, such action on part of wife amounts to cruelty within meaning of Hindu Marriage Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Hindu Undivided Family - Cheque in question not issued in respect of an account maintained in name of HUF - Held, such HUF or members of HUF cannot be held liable for dishonour of such cheque...........
Civil Procedure Code, 1908, Section 151 -Hindu Marriage Acr, 1955 - Matrimonial proceedings - Medical Examination - Court can allow medical examination of a party to satisfy itself as to whether a party before it suffers from mental illness or not in exercise of its power u/s 151 CPC in absence of any such provision in any of the statutes...........
Hindu Succession Act, 1956, Section 14, 30, Succession Act, 1925, Section 63 -- Hindu Women Right to Property Act, 1937 - Widow inheriting property from her deceased husband in 1930 i.e. before coming into force of 1937 Act - Widow bequeathed her entire property in favour of plaintiff - Suit by plaintiff on the basis of Will of widow - Plea of defendant that Will was not..........
Hindu Succession Act, 1956, Section 14 -- Possession - Referred to in S.14 of the Act - Need not be actual physical possession or personal occupation of the property by the Hindu female but possession may be in law...........
Hindu Marriage Act, 1955, Section 5, Evidence Act, 1872, Section 50, 114 -- Marriage - Valid marriage - Can be decided not only on the basis of evidence adduced by parties but also on the basis of conduct of the parties - There is a presumption of a valid marriage having regard to the fact that they had been residing together for a long time and has been accepted in the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite and litigation expenses - Payable with interest at the rate of 9% per annum from the date of passing of the order of maintenance in case maintenance amount and litigation expenses are not paid within a period of one month - Award of interest is compensatory in nature - Award of interest cannot be faulted and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Date from which payable - Can be either from the date of (i) filing of divorce petition; (ii) from the date of filing of maintenance application or (iii) from the date of order of maintenance - It is discretion of Court - Discretion vested in the Court is to be exercised according to judicial conscious and..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition filed by husband against second wife - Second marriage performed during subsistence of first marriage - Second marriage is null and void - Neither the petitioner can claim himself to be husband nor it is open for him to say that respondent is his legally wedded wife - Petition for restitution..........
Hindu Succession Act, 1956, Section 6, 8, Hindu Marriage Act, 1955, Section 5, 11 -- Coparcenery property - Inheritance of - A Hindu contracting second marriage whereas he was having three daughters from first wife - Son born from second wife - Second marriage hit by S.5 of Hindu Marriage Act - Son will not be a coparcener with father and would not inherit the properties..........
