Hindu Marriage Act, 1955, Section 5, 7 -- Second marriage - During the subsistence of marriage, a second marriage in whatever be the circumstances whether customary marriage or a legally contracted marriage, is barred under the provisions of HMA, 1955...........
Custom -- Valid custom - It must be shown that the alleged custom has the characteristics of a genuine custom viz., that it is accepted willfully as having force of law, and is not a mere practice more or less common - Acts required for establishment of customary law ought to be plural, uniform and constant...........
Hindu Adoptions and Maintenance Act, 1956, Section 10, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Customary adoption - Pleading and proof - Custom of adoption of married sons in community of appellant - Appellant failed to plead in his written statement about existence of any custom as such - Parties to a suit are always governed by their pleadings - Any amount of..........
Hindu Adoptions and Maintenance Act, 1956, Section 10 -- Customary adoption - Custom of adoption of married sons in community of appellant, as contended by him not proved - Lots of contradictions in evidence of witnesses on all material aspects of adoption on record - Appellant in fact failed to prove and plead factum of adoption, as he failed to explain circumstances as..........
Adoption -- Punjab Customary law - Agriculture community - Age and marital status - As per general custom applicable in Punjab and applicable to this community, age and marital status is no bar with regard to adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed was duly..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Evidence Act, 1872, Section 21 -- Admission - Statement made by plaintiffs that late husband of plaintiff no.1 after the death of his wife married defendant, is undoubtedly a statement of admission, as it is made against original contention that plaintiff no.1 alone is his legally wedded wife - Said admission as per S.21 of the Act can be proved against plaintiffs by..........
