Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she was not ready to live with husband is not a proof that she was not willing to live in the company of husband in his village, but it is a statement made in view of subsequent events, i.e. solemnization of marriage by husband with another lady, which stands..........
Hindu Adoptions and Maintenance Act, 1956, Section 16(2) -- Proviso (As amended in State of UP) - Adoption deed - Adoption deed is a notarized deed and not a registered deed in accordance with law - Said deed cannot be relied upon - Contention that secondary evidence of such document shall be admissible in view of S.16(2) Proviso of the Act, rejected, as secondary evidence..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - By operation of provisions u/s 8 of the Act, property of father who dies intestate devolves on his son in his individual capacity and not as Karta of his own family...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Cause of action in favour of son would arise only upon father's death intestate, when succession actually opens u/s 8 of the Act - So long as father is alive, son cannot claim any right in his father's property, since S.8 of the Act excludes concept of survivorship or birth right in the case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Stipulation of a period of two years being a minimum mandatory period u/s 10-A of the Act is arbitrary and oppressive and that said two year period has to be read as one year taking into account the one year period as stipulated in similar legislations i.e S.28 of Special Marriage Act, S.13-B of Hindu Marriage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Compelling a spouse to forsake his parents is held cruelty particularly in the context of Indian Joint Family values...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
