Hindu Law -- Joint family property - Partition suit - Plaintiff failed to prove that suit property was purchased out of joint family fund and further failed to establish that prior to purchase of suit property there was a nucleus - Suit property is self acquired property of grandfather of plaintiff - Plaintiffs thus, failed to prove that suit property is joint family..........
Hindu Marriage Act, 1955, Section 8, 5 -- Marriage certificate issued by Arya Samaj - Has no statutory force - In the absence of a valid marriage, marriage certificate of Arya Samaj is not proof of a valid marriage...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Existence of a valid marriage is precondition for grant of relief of restitution of conjugal rights...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual Consent - Waiver of six months statutory period - Parties are sufficiently educated and are aware of their rights and have mutually decided to end their matrimony finding no hope/chance of reconciliation - Six months statutory period waived...........
Hindu Law -- Ancestral property - Pedigree table in itself is no evidence of ancestry, nor can it be basis to decide ancestral nature of property which can only be established by independent proof including revenue records/jamabandis...........
Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife filed a criminal case against husband u/s 498-A IPC - Considering pendency of criminal case, it would not be justifiable for Court to press upon wife to join back to company of husband - If cruelty really exists then it may have a serious repercussion to force wife to join..........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Limited interest created in favour of Hindu female by her husband under the Will to enjoy the property till her death - Said interest created in favour of Hindu female cannot be enlarged by application of S.14(1) of the Act - Hindu female therefore, was not having right, title or interest over suit..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false case by wife against husband amounts to cruelty and is sufficient ground for divorce...........
