Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Bald allegations of cruelty made against wife by husband - Husband failed to point out cause of quarrel - He himself admitted on oath that he did not want to marry with wife - Husband completed B.Sc but still he is unemployed - Conduct of husband reveals that he is not interested to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband stated that wife lived in her matrimonial home only for one year - While couple had two daughters who are not twin - Statement of husband itself speaks in volumes that it is wrong - Ground of desertion not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - No evidence on record that wife has an intention to bring cohabitation permanently to an end without reasonable cause and consent of husband - Wife stated that she want to come back with her husband and resume cohabitation - Ground of desertion not proved - Divorce petition rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Conduct of husband towards wife is inhuman and she has been ousted from her matrimonial home deliberately by husband - Husband himself given statement before State Commission of women that he shall not keep wife with him - More so, inspite of fact that a decree of restitution of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Refusing to do household work and misbehaving with two daughters of husband who born from first marriage of husband, itself does not amount to cruelty on part of wife, particularly when conduct of wife right from date of her marriage up to date of her ouster is of pious and benevolent..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit during pendency of criminal proceedings - Petition u/s 11 Hindu Marriage Act filed by husband - Proceedings for offence u/s 376, 504 IPC pending against husband - Purpose and method of two proceedings are entirely different - Yardstick for assessment of evidence in both the proceedings are also entirely distinct..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Criminal Procedure Code, 1973, Section 125 -- Maintenance u/s 18 of Act of 1956 - Wife cannot be non suited on the ground that she already availed remedy u/s 125 Cr.P.C. - Neither provision of S.125 Cr.P.C. nor provision of S.18 of Act of 1956 prohibit applicant from availing both the remedies under said provisions of..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance to wife - Existence of element of abandonment is on record - It cannot be said that wife failed to establish necessary ingredients u/s 18(2) of the Act - Order granting maintenance to wife @ Rs.5000/- p.m including maintenance already granted by Magistrate u/s 125 Cr.P.C held, proper...........
