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...........
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..........
