Indian Contract Act, 1872, Section 4, Hindu Succession Act, 1956, Section 22 -- Indivisible property - Preferential right to acquire property - Communication of offer - Correspondence took place between plaintiff and defendant`s wife offering to sell property to either plaintiff or third brother by finalising consideration - First letter written by defendant`s wife..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties amicably settled their dispute during pendency of application to transfer the matrimonial petition from Jammu to Delhi - All proceedings between parties are disposed of in terms of settlement agreement - They jointly moved an application for divorce - Decree of divorce granted by invoking powers..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife left home is no evidence for confirming desertion - Rather, husband should have made attempt to bring her back to his home - Husband refused to take her back to his home - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Pleadings and evidence on record confirms that husband has examined only himself and his mother as witnesses regarding incidents of cruelty - No independent witness such as neigbour or house servant examined in case to drive home allegation of cruelty and desertion - Husband never filed any petition u/s 9..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Husband of female being person shown in first place u/s 15(1) of the Act is only legal heir in absence of any children - Class-1 Legal heirs shown in Schedule is applicable only to male dying intestate, same cannot be taken into consideration for considering claim of mother as legal heir..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Where wife voluntarily deprived husband of her company and comfort of a matrimonial life, same amounts to cruelty - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife started living in a separate room in same house and stopped taking to any of members of family - She used to cook food only for herself and that too separately - Wife frequently hurled abuses on her husband and even threatened to implicate him in a false case of dowry - More so, wife..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Right of residence claimed by wife - Entire case of wife is not to stay with husband but a residence for herself - Husband is a retired bank employee and getting monthly pension of Rs.14,000 - Keeping in view the financial status of husband, husband directed to pay Rs.17,50,000 to wife as one time permanent..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 151 -- Divorce decree - Expunging of remarks against wife - Observation/fact that "she was living with her bahnoi" - Plea by wife that it is casting aspersion and stigma on her personal character - Husband having no objection for expunging the remark - Said remark expunged from the judgment...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - Petition by wife - Wife alleges that husband forced her to share bed with his friends and colleagues - Such fact is supported by PW2 - Husband subjected wife to mental cruelty by pressuring and coercing her to do such act which cannot be justified and expected from..........
