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..........
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..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is earning Rs.46,941 p.m and is employed as a Government teacher - Whereas husband is earning Rs.35,000 p.m and is employed as an Accountant at District Cooperative Bank - Wife has responsibility of looking after their son, who is approximately 12 years old - She currently receives Rs.1,000 for her personal..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Some trifling utterance or remarks or mere threatening of one spouse to other cannot be construed to be cruelty for grant of decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Not even a single incident with reference to specific date of alleged cruelty has been urged in the plaint - Alleged certain flimsy act or omission or using some threatening and harsh words may occasionally happen in day to day conjugal life of a husband and wife to retaliate other..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife deserted husband - However, no specific date of desertion was mentioned by husband which clearly suggests that in order to get advantage in divorce case, said false allegation of desertion was alleged against wife - Husband has not filed any petition for..........
