Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition can be filed through power of attorney holder - Moreover, Court not to insist upon presence of parties before Court and to arrange for the consent terms to be recorded either through skype or adopting any other technology and the proceedings contemplated u/s 13-B of the Hindu Marriage Act in the..........
Hindu Marriage Act, 1955, Section 7 -- Customary marriage - Mere long cohabitation and entry in ration card and other documents executed in favour of appellant without proving performance of marriage conducted after customary rites of parties, execution of a valid marriage cannot be presumed...........
Hindu Marriage Act, 1955, Section 12, 7 -- Annulment of marriage - Factum of marriage disputed by wife - Husband unable to establish performance of ceremonies of marriage especially ceremony of Saptapadi - Neither photographs relied upon by husband proved, nor there is any testimony of Priest who allegedly performed ceremonies of marriage - Marriage Registration..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Validity - If one of parties is not a Hindu, merely because marriage ceremony had been conducted in accordance with Hindu religious rites, cannot validate such marriage under Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Marriage between a Hindu and Foreign national - Foreign national converted to Hindu religion after undergoing sacred ceremonies - No dispute that parties underwent ceremonies and rituals in accordance with Hindu Marriage Act for performing marriage - Registrar ought to have registered marriage - He need not..........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Purpose of registration of marriage is only to give a prima facie indication to accord evidence of marriage and not validity of such marriage - Validity of marriage depends upon personal law applicable, if parties get married in accordance with personal law or depend upon secular laws that is applicable to..........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Registrar needs to have a prima facie view that marriage has taken place in accordance with personal law applicable to parties - Once such a satisfaction is entered by Registrar, Registrar is bound to register such marriage, notwithstanding that he had entertained a doubt regarding competency or capacity of..........
West Bengal Land Reforms and Tenancy Tribunal Act, 1997, Section 9, 11 -- West Bengal Land Reforms Act, 1955 - Preamble - Tenancy and Land Laws - Objective of Act of 1955 - Vesting of appellant`s land in State Government - Government then by executing deeds transferred said land to 2 tenants - Writ petition and transferred proceedings before Land Tribunal challenging such..........
Civil Procedure Code, 1908, Order 18, Rule 4(4), Family Courts Act, 1984, Section 15 -- Recording of evidence on commission - Matrimonial dispute - Directions:- (i) Family Court shall have evidence of witnesses recorded by advocate commissioner appointed only if either parties to lis have no objection to adopt such course of procedure; (ii) witnesses shall be permitted to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19 -- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually..........
