Hindu Law -- Doctrine of pious obligation - Father started Tobacco business and incurred heavy debts - Once the debt contracted by the father, even though in connection with a newly started business, is not proved to be immoral or Avyavaharika, the son's share in the joint family properties is also liable to discharge such debt under the doctrine of pious obligation - All..........
Hindu Marriage Act, 1955, Section 11, 12 -- Fraud - The word `fraud' occurring in S.12 cannot be read equivalent to fraud as defined in Indian Contract Act - Giving the word its meaning as commonly understood in the matrimonial litigation, the interpretation as put forth under the Contract Act cannot be imported into the case under the Hindu Marriage Act - Wife leading a..........
Hindu Marriage Act, 1955, Section 13B -- Divorce petition by husband - Wife filed petition for transfer of case - Parties desiring to settle dispute by filing memorandum of agreement - Pleadings of parties showing that parties had reached a point of no return - No purpose of persuading them to live together - Requirements of S.13-B of the Act stand satisfied - Interest of..........
Hindu Marriage Act, 1955, Section 19, 25, Family Courts Act, 1984, Section 7(1) -- Divorce decree passed - Maintenance petition filed subsequently - Jurisdiction - Suit may be filed in Court other than Court which passed decree of divorce, provided it is one of the Courts mentioned in Section 19 of Hindu Marriage Act - Wife, whose marriage is dissolved by decree of divorce..........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce - Desertion - Mutual desertion - There is no such ground in the Act - One party has to be held guilty...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Husband initiating proceedings seven years after alleged desertion - He cannot be allowed to take advantage of his wrong - He never made efforts to accede reasonable wishes of serving wife - Wife ready to live with husband in her flat at place of her service -Failure of husband to make adjustments - Decree of..........
Hindu Marriage Act, 1955, Section 27 -- Matrimonial Court trying any proceedings under the Act - Jurisdiction is vested in Court to pass an order at the time of passing decree in matrimonial cause in respect of property presented at or about the time of marriage - Property contemplated is not the property given to wife at the time of marriage only but it includes property..........
Hindu Law -- Joint Family - Partition - Partition deed executed - Once intention to separate is expressed in a document, it results in severance of joint status - Its legal effect cannot be altered by subsequent conduct of parties - All properties of joint family not divided under the deed is of no consequence in view of intention to separate expressed therein - Father and..........
Hindu Marriage Act, 1955, Section 24 -- Unmarried daughter - Wife's right to claim maintenance would include her own maintenance and that of her daughter...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance - Quantum - Court has to consider status of parties, their respective needs, capacity of husband to pay etc. - Amount of maintenance to be fixed should be such as wife can live in reasonable comfort considering her status and mode of life to which she was used to when she lived with her husband...........
