Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Intention of wife to leave the company of husband is established on record - Wife left the matrimonial home when husband was not even in India - Defence of wife is that she was thrown out of her matrimonial home - Said defence cannot be believed as wife did not return to matrimonial home even after..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Scandalous allegations against husband of being womanizer and corrupt, were made by wife - Such serious allegations were unhesitantly, consciously and knowingly made by wife, which adversely reflect on the character and morality of husband - Failure of wife to lead any evidence on these..........
Hindu Adoptions and Maintenance Act, 1956, Section 5 -- Adoption - Void adoption - Can be challenged at any time - There is no limitation prescribed for the same...........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 11 -- Petition by husband for divorce on ground of cruelty and desertion - Wife filed petition for restitution of conjugal rights - Petition for restitution of conjugal rights decided during pendency of divorce petition - In petition for restitution of conjugal rights, it was held that there was..........
Hindu Succession Act, 1956, Section 14 -- Right of maintenance - Owner died prior to 1956 Act - By virtue of S.14, wife has no absolute right to get maintenance out of proceeds of suit property - Impugned order passed by Appellate Court set aside - Suit rightly dismissed by trial Court...........
Hindu Law -- Ancestral Property - Revenue record shows that property was inherited by defendant from his father - Therefore, same property was ancestral qua the sons of brother of defendants - Thus, if one of the coparceners dies, his rights devolve upon other coparceners and property does not loose its original character of being ancestral...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Res-judicata - Earlier divorce petition on the ground of cruelty, was dismissed - Subsequent divorce petition on the ground that there is no restitution of conjugal rights for a period of two years since passing of decree for restitution of conjugal rights and also on the ground of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), 13(2)(i) -- Divorce - Cruelty - Husband started living with another woman and begotten a child with her - Such conduct of husband would cause immense mental cruelty to wife - If husband had any grievance with regard to the alleged desertion by wife, it was for him to seek appropriate legal remedy by either seeking..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Hindu Law -- Eldest female co-parcener - Karta - There is no restriction in the law preventing the eldest female co-parcener of an HUF, from being its Karta - Eldest female co-parcener can be a karta of the family...........
