Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - If a woman has pre-existing right of maintenance and if property is given to her, even without a recital that it is being given towards maintenance, same would enlarge into an absolute estate - However, if she does not have a pre-existing right of maintenance even it is..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - Gift deed - Property gifted to Hindu female towards maintenance, as earlier some properties were given by her i, laws are not sufficient for her maintenance - There is recital in gift deed to that effect - No evidence on record as to how much property was given to her by her i,..........
Run away marriage -- Police protection - Marriage without knowledge of parents and in violation of S.5(iii) of Hindu Marriage Act - Girl is minor on the date of marriage and boy though major but not of marriageable age - Petitioners are living in constant danger, as they have every apprehension that respondents will kill them by tracing them - They are therefore, running..........
Constitution of India, 1950, Article 21, Hindu Marriage Act, 1955, Section 5(iii) -- Marriage in violation of S.5(iii) of HMA - Seeking protection of their life - Issue is deprivation of fundamental right for protection of life and liberty - Right under Constitutional Scheme must be protected, regardless of the solemnization of an invalid or void marriage - Mere fact that..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Plaintiff could not have been asked to place any negative evidence on record to show that, there was no legal necessity - Parties are required to adduce positive evidence - Statement on oath by plaintiff that defendant had no legal necessity to sell lands was therefore, sufficient to hold it..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - It is for defendants to prove that Karta of family was required to sell property and had no alternative left to raise funds for family - Mere statements by witnesses that Karta/defendant No.1 was heavily indebted due to medical expenses incurred on treatment of his wife was not sufficient for..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent is a sine qua non for passing decree for divorce u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition for divorce by mutual consent must be presented by both the parties and has to meet three basic requirements viz. : (i) that they are living separately for a period of one year or more; (ii) they have not been able to live together; and (iii) they have mutually agreed that marriage should be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Application u/s 13-B(1) of the Act not presented by parties but was presented by an advocate who was allegedly representing both the parties - Husband filed affidavit after direction to appear before Court by trial Court - However, wife was not present before Court - Wife not signed motion filed by..........
