Hindu Law -- Partition - Property under equitable mortgage - Interest of owners of property that remains after mortgage is called equity of redemption which is nothing but right of mortgagors to redeem mortgage - Such equity is also property which is capable of partition and thus, there is no legal impediment or bar for partitioning property which is subject of equitable..........
Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8 -- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Conversation between husband and wife in daily routine - Cannot be made basis for deciding petition u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 21 -- Maintenance to major unmarried daughter - Admittedly, daughter is major and still taking education and is unable to sustain herself out of her own earnings and property - Ss.20, 21 of Act of 1956 r/w S.26 of Act of 1955 clearly stipulates that, a Hindu is bound, during his or..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Non-disclosure of stitches marks on abdomen before marriage by wife - Existence of stitch marks on the abdomen will not ipso facto tantamount to arrive at a conclusion that non-disclosure of same before marriage would tantamount to cruelty especially when it could not be proved that wife is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation of illicit relations of husband by wife in defence - Allegations made by wife against husband were merely pointer towards probable wrong of husband of filing divorce petition - Wife had made an attempt to explain the cause for which serious allegation of cruelty was levelled against..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and general allegations of cruelty levelled against wife and that too not substantiated by any evidence - Specific instances of cruelty not given - Husband utterly failed to prove allegations that there were illicit relations between wife and respondent no.2 - Conduct of wife not..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Husband disputing paternity of child - Husband suspecting character of wife and paternity of their child - However, no substance found in such baseless allegations because child was born when couple was residing together and when marriage between couple was in subsistence and child is..........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murder - Disqualification - Appellant is debarred from inheriting property of deceased, who was killed on account of fatal blow given by appellant, even though his conviction altered from S.302 IPC to S.304(Part I) IPC...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - General allegations that wife used to avoid husband and his family members and she used to often visit her parental house and was not preparing food for husband, was not opening door of house after his return to home, cannot constitute cruelty...........
