Hindu Marriage Act, 1955, Section 13B, 25(2) -- Divorce by mutual consent - Any party seeking variation in terms and conditions of divorce can resort to provisions of S.25(2) of the Act, or to any other remedy, but decree of divorce must remain intact, unless fraud, undue influence or coercion is proved...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - No appeal lies u/s 19(2) of the Act of 1984 against consent decree of divorce under Hindu Marriage Act...........
Hindu Marriage Act, 1955, Section 12, 5(iii) -- Annulment of marriage - Husband was aged 17 years and 10 months on 19.04.2013 i.e. date of marriage - Petition for annulment filed on 31.07.2018 - Petition filed beyond period prescribed - Petition rightly rejected...........
Hindu Marriage Act, 1955, Section 5, 11 -- Void marriage - Second marriage during subsistence of first marriage - Marriage is void - Custom as alleged by second wife not at all pleaded much less proved - Mere fact that a man and a woman were living as husband and wife does not at any rate normally give them status of husband and wife, even though they may have held..........
Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity - Failure to recite `mantra' during `saptapadi' - Hindu Marriage Act defines `saptapadi' as seven steps by bride and bridegroom before sacred fire and Hindu Marriage Act never contemplates enchanting of `mantra' during `saptapadi' - When Act does not state enchanting of any such `mantra' during `saptapadi',..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Wife remaining away from her matrimonial home due to conduct of husband - However, neither any effort was made by husband for retrieving wife to her matrimonial home by filing petition u/s 9 of Hindu Marriage Act nor any divorce petition was filed against wife -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Accusation and character assassination of wife by husband in his written statement as well as in evidence in chief, would constitute a mental cruelty - Wife held, entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties directed to be present alongwith their children who are major and living separately - Such direction not in consonance with the spirit of an application u/s 13-B of the Act - Directing adult children to be present is a far fetched endeavour in seeking to dispel any doubts regarding element of..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter cannot claim higher right than right of her father...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual capacity - Father of plaintiff..........
