Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not filed an objection to divorce petition and has not cross-examined wife - Testimony of wife remained unchallenged - Wife thus, established her plea of cruelty and she is entitled to a decree of dissolution of marriage - Divorce granted to wife...........
Hindu Succession Act, 1956, Section 6 -- As amended - Right of daughter - Daughter has a right to get property of her father from the date the Amendment Act came into force i.e in 2005...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Relief cannot be declined on the ground that spouses are residing under the same roof...........
Hindu Law -- Joint Family Property - Partition suit - Plaintiff admitted that suit property is self acquired property of mother/defendant No.1 - No iota of evidence produced by plaintiffs to show that suit property is joint family property - Plaintiffs not entitled for relief of partition as claimed in the plaint - Suit rightly dismissed...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Husband has sold properties worth Rs.24 lakhs and he is also owing 1 acre 30 guntas self acquired property and he is having 1/5th share in 12 acres of agricultural lands - Wife has raised two children and husband hardly contributed to the same - Taking into consideration that daughters are not..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife contracted second marriage - She is thus, no longer dependent on the alimony of her husband from first marriage - Subsequent development i.e second marriage contracted by wife is certainly an important factor that is to be taken into consideration while quantifying alimony payable - Wife is earning Rs.32,000..........
Hindu Succession Act, 1956, Section 10 -- Rule.2 - Property of Hindu Male dying intestate - Deceased died leaving behind his two sons and four daughters - All the survivors as per S.10 of the Act are entitled to equal share in suit property/Fixed Deposits - Plaintiff nos. 1 to 3 being daughters of deceased are entitled to 1/6th share each in Fixed Deposits together with..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife stated before Family Court that she does not wish to lead her evidence in support of her defence - However, no explanation whatsoever provided by wife to justify her reneging from said statement - Though wife stated that said statement was made by her on the wrong advice of..........
