Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Filing of divorce petition by wife though later on withdrawn on the pretext that it was filed mistakenly by her counsel instead of a petition for restitution of conjugal rights, shows that she was not interested to live with husband, particularly when wife never filed a petition for restitution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
Hindu Law -- Ancestral property - Presumption - Until and unless property in question is proved to be ancestral in nature on basis of positive evidence led, same cannot be presumed to be so...........
Hindu Law -- Ancestral property - Property of grandfather of plaintiff devolved upon plaintiff and his father on basis of registered Will as admitted by plaintiff himself - Father of plaintiff executed Will bequeathing his half share in favour of his other son defendant no.2 - Plaintiff thus, failed to prove that suit property is ancestral co-parcenary property...........
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge - On date of execution of agreement to sell, suit property was..........
Hindu Marriage Act, 1955, Section 24, 26 -- Order passed u/ss 24, 26 of the Act - Appeal against an order u/s 24 of the Act itself does not lie - However, since order passed both u/ss 24, 26 of the Act, appeal against the said order is maintainable...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Bald assertion made by husband that he was no longer in employment - It was not disclosed by husband when exactly and in what circumstances he had ceased to remain in employment, nor did he file any counter affidavit in support of his contention to rebut wife's affidavit - Fact that husband was not in..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - There was not even an iota of evidence to show that wife was responsible for any desertion and cruelty - Husband himself was responsible for separation between couple - Irretrievable breakdown of marriage had occurred because of husband himself, therefore, he could not take..........
Hindu Marriage Act, 1955, Section 5, 12 -- Validity of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) is voidable at the instance of minor party...........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Girl was of marriageable age and boy was under 21 years of age at the time of marriage - Marriage below the age of 18 (for girl) and 21 (for boy) as the case may be is voidable at the instance of minor party - There is nothing illegal in getting marriage at the age of 18 but its consequences are governed by..........
