Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Irretrievable breakdown of marriage - Divorce petition by wife - Parties have been living apart since 2012 - There does not seem to be any possibility of parties resolving their differences - Wife made serious allegations of cruelty against husband in her examinatio, i, chief, which are unrebutted - Blending the fact..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by wife - Unrebutted allegations of beatings, threatening, attempt to kill - Would be a conduct that would amount to both mental and physical cruelty and on said score wife is entitled to decree of divorce...........
Hindu Religious Endowment Charitable Act, 1959, Section 69 - - Appeal - When an appeal is provided against an order of Commissioner u/s 69 of the Act to Court as defined u/s 6(7) of 1959 Act, there is no question of treating Commissioner as a Court under statutory scheme of the Act...........
Limitation Act, 1963, Section 5, 29(2), Hindu Religious Endowment Charitable Act, 1959, Section 69 - - Applicability of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Commissioner while hearing appeal u/s 69 of the Act is not entitled to condone the delay in filing appeal, since provisions of S.5 of Limitation Act shall not be attracted by strength of S.29(2) of..........
Limitation Act, 1963, Section 5, Hindu Religious Endowment Charitable Act, 1959, Section 69 - - Applicability -\\\\ of S.5 of Limitation Act - Appeal u/s 69 of 1959 Act - Provision of S.5 of Limitation Act is not applicable in proceedings before Commissioner, as per Scheme of 1959 Act...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Attempt to commit suicide by wife - Wife was convicted for attempt to commit suicide against which appeal is still pending - If she acted in such manner and not given any reasons for the same, then in case father of husband states that they will not take wife for cohabitation, then..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Suppression of settlement deed by wife - Vague allegations were made against husband by wife - No specific incident quoted by wife - Criminal cases were filed against husband which are still going on - Twice the settlement arrived at between parties, but it was not acted upon by wife..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Compromise between parties during pendency of appeal filed against dismissal of petition for dissolution of marriage - Parties amicably settled the matter and agreed for dissolution of marriage by mutual consent - Marriage dissolved between parties as per terms..........
Joint Family Property -- Blending of self acquired property into joint family property - Property separate or self-acquired of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by the owner into the common stock with the intention of abandoning his separate claim therein - However, to establish such..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Decree of divorce in favour of husband - Death of husband during pendency of appeal - Maintainability of appeal - Appeal at the instance of wife is maintainable even after death of husband, as decree of divorce passed in his favour during his lifetime on the ground of adultery would determine her status as wife of deceased..........
